The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-17
MILLER'S WILL.
Controversy Over II Still
Continues.
Case for the Defense Outlined
to the Jury Today.
Testimony Bearing on TestatOr's
Mental Condition Put In,

The trial of the case involving the
validity OF the will Of the late Jonn
Miller was continued before Judge Rogers
In the common pleas division of the
Supreme Court this morning.
Willism II miller testified as TO the con
dition OF his father while ne was sick,
and described a meeting with his father
about q week before his death. He said
that his father was sorry for the stra ineu
relations and stated that Annie would
do what was proper. Witness said to his
father that no aud Annie were all right,
and the father said he did not know
| about that.
Witness stated that his sister sent for
him and he arrived at 2 O'Clock. His
visited his father several times during the
six days before his. fathers death. While
he was at the bedside shortly before the
death, bis father said:
"iiello, is that you," and he seemed to
be very much pleased. He took the wit
ness by the hand. He also kissed his
daughter Annie. He kissed the witness
and the housekeeper. His father, at the
witness request, gave him a good kiss.
Witness said his sister Annie said In
speaking OF her fathers property that she
would do right by him, but the others
would mt get anything was not
on good terms with her sister Susan and
brother John. Mr.. Sphinx, Sussn's hus-
pand, frequently accompanied Annie to
their fathers house and continued to do
so up to three weeks ago.
Inquiry as to Annie's frequent COM
panions was prohibited oy the court on
objection by Counsel Ripley.
Annie said she would do right after
his fathers death, and she made the
statement frequently. 1t was the burden
OF her conversation. Annie told mother
just before her denth and also iu,medi-
stely afterwsrd in the presence of Mr..
Siink that size would try to win the old
msn over TO favor the witress, hut that
her sister Susan would not get anything.
Witness said that his sister kept memo
randa OF everything that happened before
her fathers death. This was for the pur-
pose OF putting In a claim that would eat
up the estate. Edward l.. Spink was
present when this ststemsnt was made
and he said he would do all he could in
the same direction. witness was advised
to keep a memorandum too, which ne
did. At his fathers house while ne. was
sick his sister snio that IL John came, to
let her know Immediately. This instruc-
tion was given to the housekeeper. He
said his sister frequently haj some one In
the sick room.
Attorney Ripley for the defense cross
examined: Witness said he and his father |
were on bad terms for seven years before |
his death. His wife was on bad terms |
with his. father for nine years. Witness
stated that be is living in Mr.. Spinks' |
house at the present time. The drift of |
the cross examination by Mr.. Ripley was |
TO esta ahlish the relation between the Wit
ness and bis father 1t was acsertained
that the witess had turned his fathers |
picture to the wall. He turned 1t face
out after his mothers, death. Witness
said that he had made efforts to esta blish
good relations with his father on a
street car. lie said show do you do?', |
Dut his father paid no attention to him.
This was the only personal effort he had
made.
His fsther got judgment against the
witness to recover borrowed money
ahout seven years ago after witness
dau ,hter died In 1879. Witness did not
expect to get anything by Will. His sis
Ter brought him In contact with his
father and she cid all she could to recon-
,ils then. The father was a very self
the witness did not see bis father only
occasionally. When he was sick ne visited
him at the request OF his sister and was
With his father shortly after he was ts-
sen sick. Ills father died OF q complica-
ion OF diseases. AT times he was out of
lis head. DR.. Gardner said his father
vas in no condition to discuss property !
matters The witness talked with his
ather about property matters in March
md April before his death. His sister
him to collect rents. ~ His
ather was pleased with what the witness
lad done about the rents.
Witness said that he and his brother
Ionn became reconciled on the day OF
iis mothers death. Previous to that
hey were not on good terms. They were
econciled with mis- sister Annis after his
nother's desth. lie said he had always
,een fliendly With sister- -Annis. .--t
Examined by ATTORNEY Cushing, wit.
ess said that the two promissory notes
sysble to his father were returned, and
bother note OF s,3i was made Jan. !. /
$50.
Ills father sued for the note within
Month after II was issued. lie charged
Sitness IS cents in crest on months