Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-21

thought that Judge Holt was too much of
lawyer ever to have made bequest, fol-
lowing it with the provision for trust. as
is done in that part of the will which refers
to Miss Throckmorton.
Col. Barr was still on the stand when The
Stars report closed.
An unintentional error was made yester-
day afternoon in the report of the cross-ex-
animation of Mr.. Luke DeYlin. 1t was sa id
that IN an interview in the Post, published
shortly after the finding OF the will last
summer. he was quoted as saying that he
had written to Major 'Ehrockmorton in ad-
vance of the finding of the will that he had
no reason for believing that such docu-
ment existed, and giving his reasons there
for. In point of fact, he should have been
quoted as saying that he had reasons for
believing in the existence of a viii. This
was the letter which Mr.. Devlin on the
stand yesterday denied that he ever had
said he had written. In further explanation
he said that he had written to Miss Throck-
morton about Christmas, 1894, telling her
of his idea that there was will.
The Distinguished Signers.
When the trial was resumed this morn
ing the court room was again filled with in
terested spectators. aud had 1t not been
that admission was restricted to those hav-
ing some right to be present, the room
would have been crowded to suffocation,
especially as the counter attraction, the
Ford murder case, was over with
Col Barr was at once recalled 20 the stand
and asked whether he knew Luke Devlin
when he was associated with Judge Holt.
He said that he did. Devlin, when the
colonel was first attached to the office was
an enlisted man, assigned % duty as a
messenger in the office of the Judge advo-
cate general. The relations between them
were precisely such as one would expect
from an officer in the army and n priya lie
who was acting as his messenger After
ward Devlin received his discharge from
the army and was appointed in me civil
Col. Barr was asked whether he Thought
that Judge Holt would ever have asked the
President of the United States, Cen Sher-
man and Mrs. Sherman to he the witnesses
to his will. In all probability making il
necessary for them to come before the Pro-
bate Court and be subjected to examination
ard croSS-eXaminatiOn. An objection to the
question was sustained by Judge bradley
COL Barr was then asked by Mr.. Worth
ington what he thought would have been
Judge HG!ts manner and attitude toward
people Of such prominence as those named
as witnesses to the alleged will. This
question was also objected to. Mr.. Worth
ington argued the matter at length, quot
ing legal authorities In extenso to snow
that IL 4 case like this, where forgery
was charged, all collateral facts We're adj
mlsSlbIe as tending to throw some light
on the questions at ISSUE This particular
question. he argued. was proper and COM
petent, either on the Theory of forgery or
on the theory of revocation. The point
decency of the District lar, whether a
subpoena was competent to issue against
the President of tbs United States. He de-
sired to show that Judge Holt had too
much Difference toward the President of
the United States and the general of the
army ever to place them in such an I'M
pleasant position as We uld likely result
from his request that they serve as wit
nesses to bis will He offered this evil
dence solely on the theory that the will
was a forgery.
Mr.. Darlington argued that a man like
Judge Holt would have been certain to Sc
Iect as witnesses to his last will and testa-
ment people whose character and standing
were beyond the possibility of attack.
Judge Bradley decided that the charac-
teriSticS OF the testator might be relevant
testimony as showing the relations that
existed between the testator and the sub
scribing Witnesses. He therefore overruled
the objection.
Col Barr then replied that Judge Holt was
man of retiring modesty. He was always
a gentleman, and showed due Difference
toward those of superior rank.
Can you" said Mr.. Worthington. "teII
US anything of his personal characteristics