The evening times., 1896-05-25
judge uOlrs WRITING
Witnesses Examined His Com.
mas, Periods and Letters.
GENUINESS OF THE WILL
Col. winthrop Does Not Know of Any
Personal or Social Relations he
tween the Deceased TcstatOr ana
Luke Deviin-Shurp Fire OF Qucs-
tions From the Lawyers.

| came to the front this morning invigoraLed
by a rest of two days. and the second week
Of the trial began in Judge Bradley's courf,
circuit division No. l.
The jurors not engaged in the special
| panel We're discharged for the remainder or
the term, this action showing that the
| court deemed 1T probable the trial would
not close before the end of the month.
The wheels of the trial were immediately
| set in motion by MIR. Worthington, OF
counsel for the heirs-at-law, offering in
| evidence the envelope in which the VIII
| came to the office Of the register or Wits.
| With hithesubmittedthep I'll piece of brown card
board around which the will was folded
when placed i'll the crudely addressed en-
velope. Though apparently of little i'm
| portauce, both exhibits were carefully
examined by each member OF the panel.
| The application for letters OF admins
| tration filed in September, 1894, on the
estate OF Judge Holt, and the inventory OF
| the appraisers of the estate were also Of
| fercd In evidence. The former. Mr.. Worth
| :ngton explained, was to show that due
| publication and notice for the production OF
| any will was made. The appraisenent
rated the value of the personal property at
| $13O, ,664.90.
A deposition by Hon. John Judson Bar
! clay. consul general of the United States
| at Tangier, Morocco, was read by Messrs.
| Darlington and WGrthingtOn. the former
| reading the questions and the latter the
| answers. The deponeDt stated that he first
met Judge Holt in Jerusalem in 1883. The
| acquaintance was renewed when both gen
| tlcmcn met in the United States.
| The last time Mr.. Barclay saw the de-
| ceased was in November, / 1913. He met him
at the family residence. on New Jersey ave
| nue.. Judge Holt was in ll-hcalth and
| spent most of his time III a darkcncd room
| In conversation with him the deponent
| stated that Judge Holt said lie had made n
| will. He said he had ma de prov ision in this
| will to give certain pictures to Mrs. John
son. sister OF the deponent. That was their
| last conversation.
COL. WINTHROP'S TESTIMONY.
Col. william winthrop, a retired army
| officer, and formerly praCticng attor-
| ney, was the first witness OF the day.
| He entered the Army as private in SO l,
| and was placed on the retired list last
August. with the rank OF colonel
Witness met Judge HOR IN 1864, when
! he entered the Judge advocates office as
| senior assistant. He remained there until
| 1878. During that time the witness
had ample opportunities to study his hand
writing and signature. In each of the
| eleven years he was in the office lie 81 W
| Judge Holt sign his name from 200 to
| 800 times at the least. He regarded
| The judge advocate as an able consttu-
tional lawyer. The acquaintance of the
| witness and the deceased was later re-
| newed. and continued until nearly the date
| of Judge Holts death.
you were in the office in 1873, the
! date OF the drawing OF this alleged will,'
said Nj. worthiugton. Name the persons
| now living that were then clerks in the
| office"
| Mr.. saxton is the only one now living,
so far us can remember"
Did you know Mr.. Luke Devlin in the
office"
II did In 1873 he was u messenger" :"
was he there in 1872"
Il do not recall"
was he ever cierk7''
| 'Hc was advanced from the position of
| messenger to that of clerk"
what were the duties OF Il clerk?''
| AT that time he never prepared opin-
| !ons, bat always copied them
| DO you remember anything of the re-
| !ations between Judge Holt and Mr..
| Devlin?"
| They were friendly and kind relations;
and just such as might be expected to eX-
| ist between one in bis position and a
messenger
| How about their social and business
relations outside the Officer
| .'If such relationship existed was not
| aware of it,
| PRONOUNCEs 1T A FORGERY.
| The witness was then shown the alleged
| will. My decided impression is" said
he. that Judge Holt never wrote this
| paper
A half hour or more following was CON
sumed by Col. winthrop in pointing out
| specific letters in the paper that differed
| from Judge Holt's accustomed habit ,f
making the same letters, as the witness
| remembered it. The ms, t's and c's of
| the alleged testament were. in the opinion
Of Col Winthrop. not those of Judge
| Holt
Coming to the signature" the witness
| remarked. lit looks more like it had come
| from TIE pen of Judge Holt. Still, in that
I notice a lack OF some of his peculia rites.
|
| the pen, thus making a dot in the per
That dot is lacking in this alleged sigma
| ture. The name Is also written in stiff
manner. I have very grave doubts about
it being Judge Hot's signature"
Mr. Darlington conducted the cross-ex-
| animation of the witness.
Col. winthrop has been acting in the ca
pacity of an assistant attorney in conjunc-
tion with the counsel for the caveators.
Mr.. Darlington made a searching inquiry
into his exact relations with the case, the
witness asserting that he received no fees
| for his services. though he acknowledged
| he was deeply interested in the case.
| "YOn have spent some time in hunting
up testimony, have you not?" asked Mr.
Darlington.
| Il have
Ibid you not engage your wife in help
| ing you 20 gather testimony
mo: did not
'Did you not have her write to the
daughter of Mrs. Sherman, asking her to
| swear the signature a the witness end of
the viii was not that OF her mother,''
| 81 have no recollection of the fact.''
/ You mean you can't tell whether or
not you requested your wife to write such
| a letter.
| lido"
| In answer to inquiries concerning the
style of Judge Holt's writing. the witness
said that it was formal and fIorid He
| was careful and accurate.
Mr.. Darlington handed Col. Winthrop a
letter dated December 9, 1876, purport-
Ing to have been written by Judge HoItan
addressed to President U. S. Grant, and