The morning times., 1897-02-02
NO ORAL ANNOUNCEMENTS
Judge McCOmaS' New Rule in the
Van RisWick Case.
1t Was Enforced Yesterday in Re-
gard to the Adnissibility of
Certain Evidence.

The new rule against oral announcement
of proffers of evidence, when the same
is made before the court on question OF
It's admissbility, was enforced yesterday
in the Van Riswick case Judge McComas
having ruled that where there was Oh
lection to question which might be
excluded it should be in writing, Mr.
Perry reduced To writing his proffer ana
submitted it To the court for considera-
tion. speaking OF this arrangement. Mr..
Perry stated day or two ago that 1T
was the first time in his practice of thirty
years that proffer had to be written
out. II has always been the practice Of
the courts to allow counsel to state what
they offer to prove.
Mr. Worthington. also OF counsel for Mrs.
Carr. said that it was the first time in
his twenty-five years experience that he
had seen written proffers required. Both
gentlemen said they were perfectly Will
ing it should be so, however, and Mr..
Perry said that twice he had offered to
do so before the rule was passed The
court has stated more than once that it
is a hard matter for jurors to erase from
their minds statements made, even though
they be afterward excluded. AS occasions
frequently arise in the Van Riswick case
where it becomes necessary TO make such
| statement 1t has been thought best to
have it written.
Miss Martina Bell was the important
| witness OF yesterday, and she revealed but
| little new regarding the relations existing
| between Mrs Van Rswick and her daugh-
| ters and their families. One point brought
| out from Miss Bell made il appear that
Mr. william Fenwick, brother of Mrs. Van
| Riswick, had tried to get some money
| from his sister on some property at Elev-
| enth and G streets He had placed a
| valuation on it per foot, but Mrs. Van
| Rswick told Miss Bell that wilton had
| figured Il out and declared the valuation
| enormous, and that she was going TO take
| Wilton's advice.
There was some surprise W hen Mr.. Davis
asked Miss Bell if she had had converse
tion with Mrs Lambert after the will was
| published regar ding the disposition of
some property. The witness replied af-
| firmatvely.
John Crea ger. an overseer at Van View +,
! was called as witness after recess, and
| an effort was made by Mrs. Carr's coun-
| sci to show that Mr. Wilton j. Lambert
| had endeavored to intimidate him as 4
| witness.
This offer was made by means of the
written process Mr.. Perry writing out
his question. As he stepped up to the
bench he managed to get a shot at the
| counsel for Mr. Lambert by saying, Il
do this In view OF the ungcntlemanly and
unprofessional statements made by two Of
the counsel on the other side" There are
three attorneys for Mr. Lambert, Judge
Jere Wilson, Mr.. Harry +. Davis and Mr..
Mattingly Mr.. Perry did not designate to
| whom lie referred and the court quieted
! matters by remarking that he had heard
nothing of that kind.
Mt Edward Mallet, jr., a plumber, teSti-
fled to having gone to Mrs. Van Riswick's
| in 1895 to see about fixing bathroom.
| He called To see Mrs Van Riswick three
times about the work and on the first
visit was asked to furnish an estimate.
He did so and she said it was too small
and not expensive enough HI later made
an estimate more in line with what she
desired. she having picked out the fur
nishings herself. This estimate the old
lady characteriZeda as too high Mr.. Maii"t
| Thought he would have preferred dealing
with Mrs Carr, as Mrs. Van Riswick was
too vacillating.
When cross-examined the witness said
| he had been directed by Mr.. Carr to &c
, see Mrs Van Riswick. He was asked if
, he did not do work for certain real es-
tate firm and admitted that he did. Mr..
Carr worked with the same firm.
''How did you get your first infor-na-
tion about this work." asked Judge Wilson
and Mr. Mallet replied, From Mr.. Carr v