Evening star., 1897-01-26
SLOW LEGAL BAT TIE
Fighting Every Inch in the Van Ris-
wick Will Case.
One WITNESS HEARD TODAY
The Trial Will Probably Last for
Weeks.
AROTT FAMILY RELATIONS

AROCT FAMILY RELATIONS
Ths, trial of the Van Riswick will case
Was continued before Judge AIcComas in
Circuit Court No. , this morning in the
presence of an unusually large throng.
Very many of those in attendance today.
as on th,- previous days of the trial. were
law students. who are attracted by reason
cf the many interesting legal questions
srisinl IN the conduct of the case-a ase
which members OF the bar expect will here
after Re referred to one of the leading
will eases. The trial Is also daily attract
Of the bar. who are Interested in Il ior the
same reason.
To-Day was the sixth of the trial, and yet
hut four witnesses have testified, two of
whom merely testified as to the physical
condition of VIM. A. Fenw;ck. a brother Of
Mrs. Mary Van Riswick. the maker OF
The contested will. who was too ;ntirm to
appear i'll court, and whose deposition was,
therefore. read to the jury OF the other
witnesses, one of them. -Iiss May
cleary. Mrs. Van Risw:cks g-andniece.
was on the stand all of yesterday. and this
morning she resumed the stand. her ex-
animation not having been co'lni'lded WREN
noon. The giving of testimony. however,
has far occupied much less time than
have the, numerous legal arguments hy
counsel. occasioned by the objections Of
Messrs. Jere NJ. Wilson, VIM e Mattingiy
and Henry f. Davis who reDr esent Mr..
Wilton J. Lambert. Mrs. Van Riswick' 9
grandson. who is charged by ner daughter.
Mrs. Martina Carr. with haT.ng procured
the will through undue influence. ALLEGED
10 have been practiced by him upon his
grandmother. 1t is understood that from
lvr 10 i-a witnesses will have been called
10 the stand before the trial is concluded,
and If the case is as stuD5ornly fought
throughout as it has been so far. he trial
can he. safely counted upon 20 he the long
-st i'm the history of the District courts.
Resumed the Stand.
When Miss Cleary was called upon by
Messrs. r. Ross Perry and A. S. Worth
irgton. counsel for Mrs. Carr. to resume
the stand this morning. she related an in
cifent which occurred in the summer OF
I>..'. about eighteen months after the will
was made. II was very hot day, said
Miss CIeary, and Mrs. Van Riswick called
At Mr. Iambert's office in the morning to
take him to Oakland. He declined to go
t.ntiI i'm the afternoon, despite the objection
If Mrs Van Riswick to remain in the city
until then. because of the heat Wilton
allied a cab. and sent Mrs. Van Riswick
and witness 10 a friends house until the
afternoon. ON that occasion. said the wit
rr~S Mrs. Van Riswick remarked that she
never opposed Wilton and always gave in
10 him. Such a thing she told witness on
several other occasions
The will under contest gives Mr.. Wilton
Lambert piece of country property
known as Van View, said to be worth
about s15ooo. and this morning Miss Cleary
said that Mrs. Van Riswick had told her
hat Wilton wanted it, and that the Lam
bertS We're after her to have her leave it 10
him. Miss Cleary next related an incident
which occurred two nights before Mrs.
Van Riswick died. The witness had sug-
gested that he should remain during the
might. she believed his grandmother
would tie before morning, when he refused
70 stay. and left the house. saying shat he
Jill not believe she would die soon.
An Opinion.
Mr. Davis moved to strike out the Incl
dent al also one which alleged that Mr..
Lambert neld his nose when entering his
sraudmothers sick room. complaining that
the odor sickened him, as being trivial
] NJ sole question al issue. he said. is that
vi undue influence. but it seemed as if the
oth-r side was trying sir. Lambsrt's sense
vi smell and judgment as 20 the vitality of
his grandmother Judge McComas how
sV~r, overruled the molten, holding that
material. the might be considered by the
jury for what they worth.
MISS tIedry then went to say that
when Mr.. Lambert would be conyersiug
with her and others in his grandmother :
J 7 S-Hce- and whsr. she would inuuire what
he Was talking about. he would say ii was
something different and laugh. The Wit
ness said that Mr.. Lambert had complain
-d u at Mrs Carr was extravaganza AMI
Mrs. Van Riswick had complained general
t.aV bf TT cal hat
~ axtr1yagant ard did not appreciate
tie value of money. She also crmplaiued
tlIat her daughter was extrayagant in her
~ hlc. and that she had dispos.d ,f her
Property. Miss Cleary said that on one
occasion Mrs. Van Riswick refused 10 see
hrr physician. hiding in closet TO avoid
MIN
The witness said that Mrs. Van Riswfck
was IN the habit of giving Mr.. Lambert
large checks and money fer investment
ana also presented him with money Reine,
asked the direct question Miss CIeary said
nat IN her opinion Mrs. Van Riswick was
ihE-pdt'!e OF taking Independent action he
ING a woman Of feeble will and easily in
1u-nced. Miss CieaTy was not however
"Ti.ittrd to say whet her in her oyipion
hr~- Van Riswick was Influenced by Mr.
-ainpeff- or by her other daughter Mr.
Lambert 5 mother. Judge McCorn1, .:1ldine
mat she facts on which the witness might
bas.. he' opinion would be ;he bcs, =, i,Ienc,-
III the matter.
An Argument.
Counsel for Mrs. Carr noted exceptions
% the courts ruling and then the iury
and ne witness were excused, counse, in
heir absence arguing an objection made by
hr- Lambert's counsel 10 a question asked
Miss Cleary as 20 alleged declarations of
MIS- Lambert and her SON both being de-
Nlse-S. and the latter joint executor with
MS Carr, as 10 the disposition of the es-
ta;-
The rest OF the day was spent in arguing.
m obJecton. and late this afternoon Judge
McConas sustained the objection the
courts ruling being considered quite An
effective victory for Nr. Lambert The
triIl was then adjourned until tomorrow
morning.