The morning times., 1897-01-28
DONE WITH MISS cLEARY
Mrs. Van Riswick's Grandniece
Completed Her Testimony.
TWO DAYS ON THE STAND
Evidence Was Given Which Tended
to Show That the Testatrix Had
Abundant Capacity for the Trans
action Of all Her Business-The
Witness Much Affected.

Miss May Theresa Cleary, grandniece Of
the late Mrs. Mary Van Riswick, has con-
cluded her testimony in tine now long
drawn out controversy over the latter's
alleged will, which is being contested by
Mrs. Martina Carr. For two days Miss
Cleary has been subjected to the probing
minds Of five of Washington most capable
lawyers. There is little doubt that She
feels much relieved now that the tension
of sitting continuously in witness chair
for hours has been removed and sne
can sit among the spectators who daily
fill the courtroom to hear the bandyinS
jests OF counsel in one of the closest legal
fights ever before Il jury in the District.
So far but one real witness has been ex-
arnined, and there are about a dozen more
to testify for Mrs. Carr, and nearly twice
that number who will take the stand in
behalf OF the validity Of the will.
The day was principally occupied yes
terday in the cross examination of MlHD
Cleary. She adhered very closely to ner
evidence in chief, bBt several times gave
qualified explanations of some OF the oc-
currences TO which she alluded while uA-
der the examination of MI Perry. When
Judge Wilson inquired closely as to the
alleged disrespect shown Mrs. Van Ris-
wick by Mr.. wilton Lambert, her grand
son, 1t developed that when he declined
to go to Oakland on a morning train, and
made his grandmother wait until the after
noon, he had stated TO her that such ac-
tion was inevitable because OF certain
bUsines smatters which did not come TO
his attention until few moments before.
Mrs. Van Rswick was then in Mr. Lam
bert's office, and just as they were about
to 20 to the station he received letter
regarding a business matter that admitted
OF no delay.
During the forenoon Miss Cleary in
formed the jury when asked to do so by
Judge Wilson that Mrs Carr had left her
mother ill upstairs and had gone into
the parlor to a reception.
AT one time the attorney referred to 1t
as an entertainment and was promptly in
terrupted by an exclamation from Mr.
Worthington: Il object To your designating
it an entertainment"
Judge Wilson framed his question so as
TO include the word reception and lat
home" Miss Cleary said it was the day
for the street reception, and the last
of the season. On redirect examination
the witness claimed that Mrs. Van Riswick
told Mrs Carr to go down to the recep-
ton, it being the last Of the season.
The closing evidence given was regard
ing the account books of Mrs. Van Riswick.
Judge Wilson exhibited one and inquired
of Miss Cleary if she Identified the hand
writing of her greataunt. She replied
affirmatively, and at that moment began
sobbing, explaining that it brought recol-
lections of the past. The purpose OF this
evidence was to show the jury that Mrs
Van Riswick was perfectly capable of at
tending to her affairs and had looked after
them up to within twelve days of her
death Several check books and checks
were offered to the witness TO identify,
but Mr.. Perry objected, saying that Judge
Wilson should put his own evidence before
the jury and not through Miss Cleary.
He argued that il the checks were TO be
identified it could be done by placing the
caveatee upon the stand.
The court will decide the question this
morning and then will begin the eXamina-
tion of another witness for the caveator.