The morning times., 1896-06-13


was a day filled with much interesting
| testimony. 1t was proven by expert testi-
mony that the will was in one piece when
| IL reached the register OF wills oifice.
This was of course very important piece
| OF evidence whenit is remembered that two
experts OH wills and other documents have
sworn that it is their opinion that the paper
was cut in two, a thing that would have
! been next to impossible to do after the will
| was pasted on it's paper backing.
From q lawyers standpoint the session
| was OF rare interest because OF the IRE
quent clashes between counsel, brought
about by Mr.. Wortbington's objections.
| The crowd OF spectators was as large as il
has been on any day.
THE LOAN TO THE RAYS.
Mrs. Ray returned to the witness chair
with the opening of court in the morning.
The loan of $4,OGO by Judge Holt to the
husband of the witness was again inquired
into. II was made at the request OF Mrs.
Ray. The note later fell into the hands of
Washington d. Holt, who had been quite
severe in pressing a payment OF 1t.
Many letters written by Judge Holt to
Mrs. Ray in which Miss Hynes was always
pleasantly referred TO, were read. One
of them especially, Mr.. Darlington insisted
| be placed IN evidence, because 1t had
number of loop ts in it, thing that
Expert Carvalho claimed he had never
been able to find in any OF Judge Hoit's
writing.
Miss sara A. Terry, a very pretty young
woman who was formerly a copyist in
the Office of the register of wills, said
in the witness chair that she had carefully
examined the alleged will the day it
reached the office, because she knew
| Judge Holt and had met Luke Devlin.
when you first saw the will was 1t in
one or two peces?" asked Mr.. Darlington.
.'It was in one piece" ~
| The expert of the day was DR.. W. II.
| Gray, the microscopist of the Army Medical
Museum. and the next witness. He had
taken an enlarged photograph with the
assistance OF the microscope OF sections OF
1t, and these pictures were placed in cyl
dence, for the purpose OF showing that
| there was no complete separation OF the
| parts at the time the pictures were made.
They were taken last February.
\ number of questions were asked Of DR..
Gray by Mr.. Lee, who examined him, as
to how the severance asst appears now had
been brought about, but Mr.. worthingtoE
objected To all of them aud Judge Bradley
sustained him.
MAJOR TuROCKMORTON TESTIFIES.
Upon DR.. Grays retirement Major Throck-
morton took his place in the witness chair.
he was a boy OF sixteeu, at his fathers
house. The judge was from the first his
benefactor and in 1861 at his instance,
young Throckmorton was appointed by
President Lincoln second lieutenant in the
Fourth Artillery. Judge Holt always
treated him in a friendly manner.
The father OF the witness was in the Con-
federate army and father and son fought OD
opposite sides at the battle of Bull Run.
n har nj = ba n fa ifv-
sympathized with the South.
Mr.. Darlington read a letter written by
Judge Holt to Gen. Robert Anderson, tbeu
stationed at Cincinnati, on the occasion
of Lieut.. Throckmorton's transfer from the
East to the West. The writer referre!
feelingiy to the young officer and comp!i-
mented him in the highest terms for his
gallantry and bravery on the field of Bull
Run.
At the same time Judge Holt wrote to the
young lieutenant and Mr.. Darlington read
this letter to the jury. 1t was lengthy
and was of such an encoura ging nature as
a father would write, TO a son. The
illustrious writer proffered his services to
the young man at any time they We're
needed.
JUDGE HOLT's KIND LETTERS.
Many other letters, written by Judge
Holt to Lieut.. Throckmorton during the
early years of the war, were read by Mr..
Darlington. They were all in a spirit OF
great friendliness, penned in reply to letters
from the lieutenant, and showed Judge
Holt's interest and pride in his friend. Many
references to the battles OF the period were
referred to.
II am glad you met Miss Hynes in Ken
tucky,'' wrote the judge. ''She is a noble
spirited woman, especially in the love of
her country. Loyalty is precious pos
session now."
Another letter expressed the writer's ina
bility to attend the wedding of Lieut..
Throckmorton, and wishing him an abund
ance of happiness. Still other letters were
addressed to Mrs. Throckmorton, the
younger. She sent the Judge dressing
gown she herself had made and he replied
in profound thanks.
Where were you in February, 1e73,"
asked Mr.. Darlington.
"In California, engaged in the Modoc In
dian war"
MIR. Darlington read another letter. II
was addressed to Mrs. Throckmorton, the
mother of the witness. and bore date of
February Z, 1878, the day upon which the
alleged will purports to have been written.
1t was of a kindly nature. the writer at
tempting to allay Mrs. Throckmortons
fears for her sons safety. A long letter
addre ssed by ajor Throckmorton to Judge
Holt and bearing date of February 8, 1873,
threw considerable light on incidents Of the
Modoc war.
WHILE FIGHTING INDIANS.
The writer spoke Of two Of his friends
who were compelled to eat their own ponies
to keep from starving. In closing, the SOL
der said:
"Iknow that II anything happens to me
you will not let my wife and children
suffer-"
Ibid you get reply to that letter."
81 did, sir; but we were in the lava beds
when 1 received it, and 1 could not carry
more than an extra shirt, let alone carry
ing letters. They were destroyed"
do you know what it said about your
closing statement?''
"Yes, sir; 1 remember distinctly. Mr..
Holt answered: DO your duty. Your wine
and children shall not suffer-
what do you know Of a difference that
is said to have sprung up between Judge
Holt and yourself?"
I'm 1880 learned that he wrote to Miss
Hynes, understood, abusing me. / wrote
him a brief note and my wife followed with
q longer letter"
Ibid he replyf"