Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-19
BATTERIES OPENED
Continued from First Page.)

said that Judge Hollis first wife was her
cousin and that she herself had known him
from the time she was child up to the
time of his death. The last letter she had
from him was dated in 1881. She kept some
of mis- letters; others were destroyed. She
wrote two letters to him in 1891 or 1892, but
received no replies to them.
The witness started to explain why lse
had not answered her letters but Mr..
Worthington and Mr.. Wilson objected.
Another tilt between the lawyers followed.
In the course Of which 1t was made evident
that the caveators intend to show that there
was breach of the relations between the
Throckmortons and Judge Holt some time
before the latter's death.
Judge Bradley decided not to allow the
witness to make her explanation and at
123O recess of half an hour was taken.
After recess Maj. Chas. B. Throckmorton,
the father, was placed upon the stand. He
was questioned by Mr.. Butterworth as to
letters he had received from Judge Holt
SO as to show his familiarity with the
judges handwriting. He was shown the
alleged will and said that he was willing
TO swear it was written by Judge Holt.
On cross-examination the major said the
last letter he had from Judge Holt was
written in 1870. The major said, in answer
to question put by Mr.. Worthington with
reference to a statement by Mrs. Throck-
morton, that he had had some trouble in
1892. that he was tried and convicted by a
court-martial in that year on the charge of
conduct unbecoming an officer, &c. He
tence was committed to suspension and was
arterWard set aside by President Cleveland.
The ThrOckmOrtOn Court-MnrtfaI.
Mr.. Darlington objected to this sort of
evidence, but Mr.. Worthington insisted
that 1t was proper, as showing the charac-
ter and credibility Of the witness. Mr..
Worthington offered in evidence a copy Of
the findings of the court-martial in question
Ihis was objected to on the ground that II
was incomplete in that 1t did not show the
subsequent action taken by the President
Judge Bradley overruled the objection,
and Mr.. Worthington then read the find
iEgs in full to the jury. in which findings
he was adjudged guilty Of duplicating his
pay accounts and issuing checks on banks
wherein he had no deposits.
CrOss-Ex mined.
On redirect Maj. Throckn orton was asked
the circumstances under which he had is
sued checks on banks where he had no
funds. while in New York. In 1891 Mr.
Worthington objected the ground that
this would reopen the old trial and let in
vast amount of eXtraneous matter
Inc objection was oyerruled, and Maj.
Ihrockmorton said that q man at David's
Island, N. Y, owed him $500. and promised
10 deposit that amount in the Lincoln Bank
OF New York before June l. 1891 Under
the impression that the money was in bank
he drew against 1t and did not learn that
theiS "dS ilO deposit until the following
fall.
He paid the checks long before the court
martial. He also explained the alleged du-
plication of pay accounts. The accounts
were given by him as security with the
I'll Outstanding that they were not to be
presented unless he defaulted. They were
presented by mistake, but the government
reVer paid cent more than was due and
no man lost thing by the transaction.
AL tile conclusion of this incident Mr.
DeVln was recalled and Questioned at
length as to Judge Hollis handwriting. For
seven years. he said, while employed I'M
der the judge as a messenger, he stood by
the judges desk when he was signing doc
uments.
When shown the alleged will, Mr.. Devlin
said:
Il would swear beyond the possibility of
a peradveiture that that is the signature
of Judge Holt
John c. Hesse. a clerk in the War De-
partment since 1862. also estified as to his
belief that the handwriting in the alleged
will is geI:,ine
Miss Throckmorton was also recalled to
identify the handwriting contained in the
much discussed document.
Major Theophilus Gaines, who was form
erly judge advocate of the second corps,
was the next witness He reported to
Judge Holt after the second battle of Bull
Run, and was associated with him for
some time. He WIS familiar with the
judges chirography, and gave cumulative
testimony as to the Senuineness of the al
legged will. He was On the stand when The
Stars report closed.