The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-22

| --~N- ~--N--y
sent the telegram. The last time before
that Marcia visited us she carried off
clock, and at another time some knives
and forks disappeared. +"
"Did YOU see Marcia assisting your
wife in making out list of articles OF
her clothing??"
eyes, 1 did, but paid no attention to
them. 1 knew my wife wouldn't give
any of her clothes to Marcia Libby, for L
had heard her say she would rather her
clothes would all be burned than that
Marcia Libby should have single rag of
them
s'What did Mr. Mason say to you when
he called to make your wife's will?"
.sHe caught me by the shoulder and
said shouldn't come in there. After he
had been in the room a few minutes
with my wife, he came out and asked me
to send out for two witnesses. I went
out and got Mr.. Freeman and Mr.. Shaw
and brought them in"
'Didn he tell you he wanted witnesses
to will?'
Nothing was said about a will -
"You knew that it required three wit
nesses for will, didn't your"
'"No sir. 1 knew nothing more about
making wills than child five years old. "
Judge Peabody You had made will
of your own, had you not?"
"Yes, sir, had made a will, or Mason
had for me, but did not really know
anything about wills
What had been your wife's condition
that day?f
"She was in a good deal of pain, and
was out of her head more or less. A part
of the time she thought she was out of
bed''
Yet, realizing her feeble mental con-
dition, you sent out for two neigh bors to
come in and witness her transaction of
legal business?''
II didn't consider that it was business
Of any Importance. y
Did you tell Mr.. Freeman, in answer
to his question as to your wife's mental
condition. that her mind was as clear as
ever?'
II made no such statement
But Mr.. Freeman says you did,
Mr.. freeman does? l don't think he
will make any such statement, you call
him and see. I'll bet fifty dollars that he
won't testify any such things
Mr.. Frank Hold on Mr.. Edwards
we are not engaged in that business -
The Court-"If there is any betting to
be done in this case it must be done out
side the court room
Asked if his wife offered any prayer on
the day of her death, the witness replied
that she did not, as she was too feeble
The last time he heard her offer prayer
was three Or four days before her death.
What were the relations between
your wife and her sister?'
So far as | know there had never been
any trouble between them.''
ibid you and your wife get along
amicably?"
We never had an angry word. / can
bring in the whole neighborhood to testi-
fly to that fact
When you were in the room and saw
the witness sign the will, what did you
suppose they were doing?'
II supposed the writings were in refer
ence to the giving away of her clothes
| heard something said about will, but
did not know what it meant. =
You know what it means, don you?'
II think l ought to know after all this
trouble
odd you ask Mason if your wife had
given you any money!"
No, sir. ~
Mr.. Mason says So
We'll, he is liar if he says so''
Why did you want to hear the docu
ment read, if you had no suspicion that
it was Wilt"
Because l wanted to know how she
had disposed of her clothing"
Did your wife say anything when you
asked to have it read and Mr.. Mason re-
fused?''
why, bless you, no. The poor wom-
an was just the same as dead. If you
could have seen her that night you would
have said right off she couldn't live
minute y
,Enquiring regarding the former owner
ship OF the contestants real estate, the
point was brought out that Nancy Ed |
wards was his third wife, and that he |
had conveyed to each succeeding help |
mate the homestead.
Seward M Manchester of Windhan tes-
titled that he was frequent visitor at |
the Edwards house. The last time he
called, Mrs. Edwards did not appear to |
recognize him. He attested to the appar- |
ent pleasant relations between Mr.. and |
Mrs. Edwards.
saul Larrabee related a conversation he |
had with L. B. Mason in which Mr.. |
Mason said he had filed Nancy Edwards |
will, the lawyers told him it was good
one, and it would be good thing for
him to be executor of the estate.
John W. Lombard gave corroborative |
testimony in regard to points previously |
brought out.
Mrs. Marcia E. Libby of Saco, to whom |
the will bequeathes $1,000, was next called |
in behalf OF the petitioners for an allow |
ance of the will. She was under direct |
examination an hour, and her cross-ex-
animation consumed double that time
Her direct testimony was, in substance,
as follows:
Nancy Edwards was my fathers sister.
first visited her eight years ago and |
shortly afterward they came out to my
home on the Buxton road. have visited |
them on an average about once month, |
and always, with one exception, upon |
their invitation.
My last visit was March 81. went in |
response to a telegram from Isaac |
arrived at the house about $780, Nancy |
said: marcia has come. I shook hands |
with her and she kissed me. She said |
she was glad had come land that she did |
not think she would have lived the night |