The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-10
About. Judge AylSwOrth'S
SOundneSS of Mind.
Well Known Persons Testify
in Support of the Will.
Matters Decided by Appellate Divi-
sion--Cases Heard This Morning.

before Judge Rogers this mnorning.
The direct examination of william H..
Cornell. a director lin the Westminster
bank, was resumed. and he testified that
he talked W ith the Judge about the elec-
tion OF A. T. Bartlett ana George A.
Jephcrson as members of the board OF
directors. Did not see the judge after the
meeting OF directors in the bank liz 1893,
but did have pleasant social meetings
with him in the summer of that year.
Judge Aylsworth was a man of great
caution and p:udente, and very keen and
shaip in his business transactions; always
lea ,ing TO the conservative side. Never
noticed any childishness in the talk OF
the deceased.
The witness was cross-examined by Mr..
Aldrich, and one of the first questions
asked was whether when the panic OF 1893
took place Judge Aylsworth had any con-
versation about those doing business with
the bank. The witness replied in the affir-
native and mentioned as one OF those
whose business was discussed, Arnold H..
Chace, president OF the bank. Messrs.
Ripley and Bassett objected to going
into the private business matters OF the
customers of the bank.
After brief remarks by Mr.. Aldrich
Judge Rogers admitted testimony on thi.
this point, as It might tend to show the
condition OF the teststor's mind.
The witness then said Judge Aylsworth
asked him whether he thought Mr.. Chace
was good for all the papers he was on
The witness gave an affirmative reply. A
number OF years ago the judge bad told
him he had made will, but said nothing
nbout the provisions. Saw the testator in
the bank on other days than discount
DAYS in 1892.
John W. Auty, a hair dresser, testified
to having periormd the duties OF the ton
serial srtist for the judge and having dis
cussed state, business and national affairs
with him.
Walter B. Scribner had consulted
Judge Aylsworth about the settl ement of
his fathers estate In 1891 and other busi-
ness transact iona; had other transactions
with the deceased. Hc did not notice any
signs OF failure OF mental powers.
Il. b. Manchester, teller Of the Novth
American Bank, testified that he knew
Judge Aylsworth about 10 years and had
seen him during that time frequently.
After The deathof Curtis Aylsworth he
had some talks en- ths ordinary topics Of
the day, especially politics. The judge,
witness said, used to keep a pretty good
track of the work OF the assessors Office
of this city anh.hs favored having an as
SCISSOR from each ward OF the city.
In cross examination witness stated to
Mr.. Aldrich that the Judge did not like
the way things were run in the assessors
office. One reason for complaint on the
latter's part was that the assessors had
taxed him for some money he put in real
estate but aid not make deduction of
the amount from his personal property
tax.
James NJ. Sawin, principal OF Point
Street Grammar School, testified that he
knew Judge Aylsworth and was present
at the reception held in honor OF his 10Th
birthday, and that W hen the witness W ife
MAS introduced to the judge, the latter
remembered Mrs. Sawin as little girl
and told her that her father was an old
friend OF his. Witness had also had sew
eral talks with the judge from time TO
time and he never saw anything to make
him think there was anything unsound
about his mind.
In answer to questions asked by Mr..
West the witness said he had not called
not remember ever having to ask a ques-
tion over, but he noticed the judge was
slow to answer. Would say the deceased
was as right in his mind after 1892 as
before that. Witness admitted that he
would have thought it extraordinary IL
the Judge had not recognized Mrs. Sawin.
Mrs. Emma A. Aylsworth, widow Of
Curtis Aylsworth, was an interesting wit
ness. SO testified that the judge had
told her he would provide for her child
rem as they were without father and that
she had never n oticed anything the mat
ter with his mind. She also said that the
deceased had told her the names o. her
husband and mis- children would be put
upon his monument
Mr. West cross examined the witness
and she denied saying when the will OF
the Judge was read after death thnt IL
there was any doubt before OF his being
OF unsound mind the will removed all
doubt, and that she would rather her
children starved than take any OF his
money under the will. She also denied
having expressed q willingness to help the
appellants win their case by going on the
witness stand aud testifying to the un-
soundness OF the judges mind.
Mr.. West asked the witness many sharp
questions, but she persisted i'm her denials
OF ever having stated that the judge vas