Evening star., 1897-01-21
THE VAN RlSWlCk WILL
The Contest Over the Testament Develops
Nothing New.
PrOxress of the Testimony, Which In
cluded q Deposition From the
Decedenfs Brother.

was resumed before Judge McComas In
Circuit Court No. 2 this morning. in the
presence of densely crowded court room.
1t will be remembered that when the
trial was adjourned Tuesday counsel on
either side were engaged in arguing an
objection made to a question asked Builder
John McGregor. witness called on behalf
of Mrs. Martina Carr. a daughter of Mrs.
Van Riswick. who is contesting the will.
Messrs. r. Ross Perry and A. s. Worth
irgton, counsel for Mrs. Carr. explained
that they proposed to show by Mr. Nc
Gregor's answer that about two years be-
fore Mrs. Van Riswick made her will she
had declared to him intent to dispose
of certain real estate totally differently
from that expressed in her will Messrs
Jere NJ. Wilson, VIM F. Mattingly and
Henry L. Davis, representing Mr. Wilton j.
Lambert, Mrs. Van Riswick's grandson
who Is defending the will, contended that
the inquiry, under the sole issue in the
case, that of undue influence, alleged to
have been exerted by Mr.. Lambert upon
his grandmother was inadmissible. All Of
Yesterday was spent by respective counsel
In arguing the question, and late in the
day Judge McComas, Gs predicted in The
Star, overruled the objection, stating that
ne would permit the inquiry to be made,
as tending to disclose to the jury the tes-
tamentary purpose of Mrs. Van Riswick
previous to the making Of the WILL Coun-
sci tor Mr. Lambert noted an exception to
the courts ruling, and the trial was ad-
journed until this morning.
On the Stand.
When the trial was resumed this morn
ing Mr.. McGregor took the stand, and the
question objected to by Mr.. LAMBERT S
counsel, as to what declaration Mrs Van
Riswick had made to him respecting GER
tain lots on v street. was repeated. Mr..
Davis again formally objected to the ques-
ton, suggesting that the objection be con-
sidered as being made to all similar ques-
uons during the course of the trial. Judge
McComas overruled the objection of course,
and assented to the suggestion made by
Mr.. Davis. Mr.. McGregor then answered
wick had told him that the lots were SO
deep that she intended giving the rear
parts of them to the church.
That Is all, Mr.. McGregor," remarked
Mr.. Perry, much to the surprise of the
spectators. who had expected that Mr.. Nc
Gresor's reply would be to the effect that
Mrs. Van Riswick had declared to him
that she intended to give the lots to Mrs.
Carr.
The witness was cross-examined by Mr..
Wilson, and ne asked the witness if Mrs.
Van Riswick was not a woman OF strong
will; a woman not easily Influenced by
others This inquiry was objected to by
Mrs. Carrs counsel, who submitted to the
court that it was not proper cross-exam-
ination. The objection was argued at some
length. the court finally dtsposing of the
matter by permitting the inquiry to be
made in order to save time, but allowing
Mrs. Carr's counsel the opportunity to
cross-eXamine the witness, If he had
been called by the other side. Mr.. Nc
Gregor then replied that in his opinion
Mrs. Van Riswick was a woman of strong
will. and one not easily Influenced by
others.
Mr.. McG-egor detailed the erection by
him of several houses on the V street lots
for Mrs. Van Riswick explaining that she
was a sharp, shrewd woman, land" re-
marked the witness to Mr.. Perry, "she al
ways saw that she got the worth of her
money.
Deposition Read.
Mr.. Perry next read to the jury the depo-
sition Of VIM. A. Fenwick of 3O2 1lth street
southwest, Mrs Van Riswick's brother,
who Is too Ill and infirm to attend court.
The de position was to the effect that after
Mrs. Carr's marriage she went to reside in
Norfolk, Va, and that about two or three
years before Mrs Van Riswick died Feb-
ruary, 1886 his sister brought Mrs. Carr
back from Norfolk to live with her on K
street.
Mrs. Van Riswick suffered All attack of
the grip in September, 1893, ard deponen,
stated that she was not so vigorous after
that. Mr.. Fenwick related several in
stances in which his sister had authorized
MIN 10 nave certain repairs oone ana mad
then refused to allow the men he had en-
gagged do the work. having it done by men
suggested by Mr.. Wilton J. Lambert.
The reading of the deposition developed
the fact that Mrs. Carr's counsel asked
Mr.. Fenwick If Mrs. Van Rswick had, in
his opinion, been influenced by any person,
and by whom. The question and answer
were objected to by Mr.. Lambert's counsel
on the ground that in their opinion, the
inquiry required a conclusion and not a
mere statement of fact by the witness.
The objection raised against the inquiry
gave rise to arguments by counsel on either
side. which continued during the rest of
the day