The evening times., 1897-01-28
STOPPED THE STATEMENTS
Van RiSwick Case Lawyers
Eyaded the Courts Rulings.
THE JUDGE FORCED TO ACT
Counsel Had Stated what They Ex-
pected 10 Prove to the Jury After
the Questions They Desired TO Ask
Had Been Ruled Out-Mrs. New
tons Testimony.

The fourth witness in the contest over
the VIII and estate OF the late Mary Van
Riswick occupied the stand today in cir
cnlt court No. 2, Judge McComas presiding
This is the eighth day OF the trial, and at
She present rate of progress it VIII take
nearly three months TO conclude the hear
ing.
Promptly at 10 O'Clock Mis-. Henrietta
Newton was called to the stand by counsel
for Mrs. Carr. The witnessis seventy ty-three
years old and is a sister OF the late John
Van Riswick, husband of the deceased wo-
man, whose will is in dispute. Mr. Perry
brought out minor details OF family history,
which were unhesitatingly given by MIS-.
Newton.
She said that she frequently went to see
Mrs. Van Riswicl1, and was well acquainted
with tive family OF Mr.. Tallmadge Lambert
Her statements rapidly covered events from
the death of her brother to the marriage of
the two Van Riswick daughters. Later she
referred TO a visit TO the Lamberts' sum
mer home at Oakland, Md. This was in
1894, and Mrs. Van Riswick, being alone,
Mrs. Newton asked her if she had made u
VIII. The witness stated that her sister
in laws reply was: NO, 1 don't intend
making a Will. My property will go to my
two daughters, and the lawyers viii look
after it.''
NOW, Mrs. Newton" asked Mr.. Perry,
"did Mr.. Wilton ] Lambert ever say any
thing about that conversation, and if so,
what?''
The response was cut off by Mr.. Davis
objection. After brief argument the court
refused to allow an answer, as it came
within his ruling against declarations OF a
legatcc or executor. Mr.. Perry however
managed to let tile answer fall upon the
ears Of the jurors by including it uIder
statement as TO what he offered to prove.
He said that the answer would show that
Wilton, oH being tnlda week after his grand
mOther's death Of the alleged statement
about d will, had replied that it didn't
amount to row OF pins.
TIE examination OF Mrs. Newton devel-
oped an allegation that Mrs. Van Riswick
had. Just before her death, objected TO
Wuton's marrying because he had nothing
to live on. Speaking of the relations exist
ing between the mother and aer two daugh-
ters, the witness said that Mrs. Carr seemed
to be TIE favoritc with Mrs Van Riswick;
also that Mrs. Lambert was eAacting OF
her mother and not as kind to her as Mrs.
Carr. The former while at Oakland, would
20 out driving and never invite her mother,
but Mrs Carr always invited Mrs. Van Ris-
wick
what do you know about the conduct
Of the grandchildren to their ranGdaugh-
ter?'' asked Mr.. Perry. Mrs. Newton an
swered that the two daughters had sauced
her grandmother when She reproved them,
ard the witness confirmed the assertion of
Miss Cleary yesterday that Miss Mildred
had stamped her foot at Mrs. Van Riswick
when she refused her money. Mrs New
ton went further, and said that the young
girl had gone into the old lady's pocket
took after the sum asked.
Mr. Mattinely argued in support of
ruling out the declaration last made, in
sisting that it did not show disrespect on
the part OF the grandchildren to the grand
II other. Judge McComas ruled that such
act oas befng those of little children We're
trivial. bur si.ould be admitted for what
they were worth.
Frequent notice has been made OF the
acton Of counsel for Mrs Carr in making
statements about excluded testimony in
the hearing of the jury. At enc time this
morning Judge Wilson insisted that where
q witness was asked a question which was
objected to, il should not be answered
until allowed 10y the court A such times
Mr. Perry, in support of his question,
would tell about what ne proposed prov
ing This habit finally resulted in the
courts ruling against it
1t was during the examination of Mrs.
Newton. She was asked as to what Viii
ton had said regarding the will. Be-
fore the witness answered Judge Wilson
objected. Mr.. Perry said that he would
show that wilton had said that his
grandmother was well, when she made
the WILL and that his mother knew moth
ing about it at all at the time, that Mrs.
Van RiSwick had asked him TO draw the
will. He declined, but said he would get
Mr. Darlington to do it.
The court refused TO allow the question,
and moment afterward, when Mr. Perry
was conversinG privately with his wit
ness, Judge McComas announced his in
tention OF having counsel hereafter write
cut what they wanted to prove and sub
init it 10 the court instead of orally an
disregard all evidence which the court
had ruled out, and explained that unless
they did so it would be a violation of
their oath
Mr. Perry noted an exception to the rUl-
ing out Of the answer to his question and
then wrote out another, which was sub
mitted to counsel for MT Lambert and then
to the court. Judge Wilson objected, and
Judge McComas sustained him. That the
question and answer might be a matter of
record, it was transferred to the stenogra-
pher 1t was learned that it referred to an
alleged statement OF the grandson that he
would like some day to own Van View.
Cross-examined by Judge Wilson, Mrs.
Newton admitted that she expected to get
, bequest of a certain house, which had
been owned 10y her mother She said VIII
ton had treated his grandmother very re-
spectfUlly.
Marriage Licenses.
Samuel Allen and Priscilla B. Waters.