The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-25

ututn
Mrs. Fred Rice, were ycrv ., ner sster;
MIS-. Fred Rice did not visit Mr..
n.ee turing her illness. Tho strained *
lations had existed for scyera, ,aars
visited Mrs Rice during her lac, ,,,n...
we talked great deal. we spoke NJ , nat,
sne had intended to give Mrs. Huntinrton.s
Iii.ie chiiu. we also discussed her rro.
poseu "TRIP North, and that Miss Camp-
peii was TO accompany her | saw bar
last on June 2. She was in bed She 10y, Nv
osnized me and We talked about nor nro.
noseu "Trip She said she was glad Or
rutherford would be with her, Her mind
appeared to me to be as clear as ever. I
knew her before she was taken sIck and
she had bright mind
cross examined. Mrs. Rice was In her
right mind the day before June 1 and tho
nay a,,er June !. l did not see her on
June J.. | LETT the city June 3. Mrs.
Sayles Brown was the elder sister of Mrs
Elizabeth b. Rice and Bottle b. Brown, a
daughter OF Mrs, j. Sayles Brown.
Hew-do you account for 1t that in the
third paragraph Of the will she says: 4
give TO my sister Bette II. Brown, the SUI n
OF S5O,0'o?' ;. asked MIR. Baker.
THAT is mistake" answered the wit
ness. Bette 3. Brown Is or would be a
niece of Mrs. e. b. Rice"
Witness hero explained tho relationship
to Mrs. Rice by those mentioned in the
will as benehciaries.
Testimony renewed: Mrs. Rice men
toned to me In tho spring Of 1896 that she
was making her will. I did not know OF
the will until Mr.. Patrick telegraphed Mr..
Baldwin about II. We were Ia the North.
If Mrs. Huntington knew of the will | do
not know 1t. | never heard her speak OF
it. The relations between Mrs. Rice and
myself were always friendly. Mrs Holt
and myself ara friendly.
At the conclusion OF Mrs. Baldwin's tes-
timony the dispositions were again resorted
to- That OF Mrs. 4. c. Rutherford was
first presented.
The deposition OF Mrs A. c. Rutherford
reads: | knew Mrs. Rice and nave known
her. | think. ten or fifteen wears. l have
known her intimately for above five years
or more. ! saw Mrs. Rice during her last
Illness. ! saw her once before June ].
saw her the second dav after Or. Ruther-
ford was called to sec her saw her only
once before June |. My opportunity FOR
determining her mental condition was in
my visits and seeing her at the depot the
day she left. The first visit she sat on the
side OF ;he bed and raised herself and
converscd with me very cbeerfuliy ana
with her brother. Mr. Baldwin. saying to
him: Joe. you seem to think l am quite
sick IL seems to me. for YOU have been
in quite frequently" This she said in a
jovial way and on that first visit her nina
was clear and bright and her speech was
NJ affected when | saw her on June j. II
had been decided that DR.. rutherford
should 70 with her. and i went down TO
see and talk the matter over with Mrs.
Rice regarding the length OF time and cir
cumstances OF Or. Rutherford's absence
from home and when asked Mrs. Rice how
long she was going to keen him. she said:
Now. don't ask me that. for ! can't tell.
| | want him to STAY with me as long as l
| need him. 1t makes me feel so SATISFIED
to have him with me" | then asked her:
| We'll, how about me? Don't YOU remem
Der the day OF the month? Don't you ap-
preciate what | am giving up?" She re-
| piled: We'll. | had forgotten tomorrow is
| your anniversary of your marriage, and
| sha'n't go and take him away from you
| on that day. | will nut 1t off, l told
| her NO" that ! would have him part
Of the day, and that she had been too good
1 to me In my own affllcton In New York:
that | would rather have him 20 with her
on that day; that II would be slight IN
| dicaton of my appreciation OF her KIND
| ness TO me. After we had conversed FOR
/ some time Dr. Rutherford came in tbs
/ room and she spoke to him and said
! We'll. now IL is all right" and turned
! to me and said Maybe you think can
use my leg" and she raised her right 100
several inches from the bed and put bel
| foot out from under the sheet and moyeS
her foot about with ease. Doctor Ruther'
ford said well, now. II YOU could Jus
use your right hand that well, ana sh'
| said. well. | can't" and reached owe
with her left hand and raised the RICH
hand across her body. MIR Rice then came
in the room and said. Good morning my
dear" to Mrs. Rice. and said. Mrs. HOUSE
is here and wants to see YOU and sh'
snid. Please excuse me 10 her. want Z
rest today. so as TO DO better prepared tol
my trim tomorrow" | offered the use o.
my opcn phloton 10 take her 10 the depot
and She said. No; | have sent Theodore
word and | am afraid 1t would nurt ms
feelings, and he has been so faithful t
me for so long would not hurt his feel
inps for anything" hut thanked me 10
my thoughtfulness. Her memory was per
feet Her faculties Of memory ana reason
so far as | could see. were perfect ana II
many things sho showed her reasoning
faculties.
interroratories; | have no personal inter
est in this other than that my husband y
n beneficiary under the will. Mrs. Hol
was very kind to her. and so were othe
ladies. hut I don't know who had principa
charge Of her. II any one person had.
think II cmincntly right that Mrs. Rice
will should be probated. am not preju
diced either way.
Deposition of John u. Patrick: Deponeh
knew Mrs. Elizabeth b. Rice. lie saw he
The day she left for Waukesha. He though
a great deal OF her and called at the Cant
toll hotel to bid her goodby. She coui'
talk distinctly. Deponent assisted in bear
ing the chair in which Mrs. Rice was takei
TO the carriage. She recognized deponen
and spoke 10 him. She appeared 10 be II
her normal condition of mind. Dcponen
saw the will in the office Of the COUNT
clerk.
The deposition of Miss Effie Ely reads
was not acquainted with Mrs. Rice unit
] went to Houston to nurse her IN May O
June of last year. | was there only three
or four days during her sickness, but
should say her mental condition was oad
| had the opportunities OF trained nurse
and talked with her. AS far as l Know
think she was sane. ] saw nothing TO IN
dicato a deranced mind She was very un
reasonable She was in possession OF ne
mental faculties. think. ] mink she uh
derstood perfectly what was going OF
around her. As far as ] know she was II
possession of her faculties and caoaoie o
understanding what was done and sal'