The herald., 1897-01-23

4.
j facts. Then the jury will decide which
are really the facts, and they Will have
real picnicky time at arrivlng e. 9
/ conclusion. The gentlemen who have
| had this honor thrust upon them are
d. G. Andrews. B. F. Ball, N. p Bailey.
/ J. A. Barrows, R. H. Carlton, Harrison
| Fuller, w. F. Hall, Harry lies, w. b.
Kenyon, C. j. Mcintyre, A. Merriam. J..
J H. Vestal
The selection Of a jury had occupied
| most of the morning hours, and II was
not until after recess that the taking or
testimony began.
MOST CLOSELY INTERESTED.
| Madame Casenave was the first wit
ness put upon the stand, she being made
| a. witness for the contestants. Prelim-
! mary to her testimony being taken the
much debated will was read to the jury
| by Mr.. Appel and put in evidence. Tne
document was passed to the jury ana
| ouizzed and criticised by the jurors,
| after which the court settled down to
! business, and the examination of Mad
| anne Casenave began.
| Her attention was directed to the
| trial of the suit of Alaniz against Cas-
| enave, tried before Judge Shaw, and to
| which allusion is made by the contest
plant filed. But first witness stated
her name, and that she was a niece of
the deceased Conception Alaniz, and by
her adopted as a daughter. The wit
ness stated that she was born in 1852.
and married Pierre Casenave In 1870.
The deceased. Conception Alariz, lived
with witness about nineteen years.
Attorney Appel proceeded to interro-
gate witness regarding the deeds made
by the decedent. but witness stated that
she did not remember all the details
of such transactions as she was fullyoc
cupied with her household cares. Sac
conceded that at the time she doubtless
remembered certain deeds made by de-
cedent to her husband but with the
lapse of time she had forgotten. Mad
anne Casenave also failed to remember
having testified in the suit brought by
her aunt in 1890, tried before Judge
Shaw, and wherein she testified.
DO you know your signature?"
Querie6 Mr.. Appel.
"Yes, if I made it Just now would
recognize It," answered the witness.
II draw your attention to the sigma
ture here (submitting the Judgment role
in, the suit of Alaniz VS.. Casenave)."
II cannot state whether that Is my sig
nature or not"
Don't you remember swearing to that
document?"
Don't you remember your aunt leav-
ing your house just before that suit was
brought?'
IT can't state when she left for good.
but / remember her leaving to visit her
sisters and brothers. She was away
from my house quite a long time. and
I know that for a. time she lived with
Victor Lelong. and 1 visited her there
once. My husband died three years ago,
and the Donna Conception continued
coming to my house 70 see him during
the time of his Illness.
AN ASSUMPTION OF COUNSEL
Counsel subjected witness to a pro-
longed examination regarding her tes-
timony given before Judge Shaw, but
witness memory was a blank regarding
those proceedings. She conceded that
she might have testified just as counsel
stated. but If SO she failed to remember.
In desperation counsel reminded Mad
anne Casenave that she had remembered
when she was born, purely voluntary
statement of Mr.. Appel by the way,
as witness gave the date of her birth.
presumably, on hearsay.
During the desultory examination
that ensued 1t developed that a very
considerable amount of ill feeling ex-
listed among the various members of
the Alaniz family. Madame Casenave
gave as her reason for not viefting GER
tain of the Lelongs that Victor Lelong
had stated that if witness or any Of her
children came around he would drive
them away. For most of the time the
Donna Concepcisn was thoroughly
healthy, but latterly she complained Of
stomach trouble, and being feeble,
walked with the aid of a cane. For
about five years she had used the cane,
complaining somewhat of rheumatism
"Who attended to the decedents busi-
ness during the past five years."
She had an agent, but don't know
for how long"
who was he?"
First she had Mr. McConnochie, an.
afterwards Mr.. Mcdonald "
How long was Mr.. Mcdonald her
agent?"
The first time knew of it was in
June, 1898. when he called upon me-"
Where were you living them"
81 was living in my house on Grand
avenue, but visited her frequently
When did you again live in the same
house with her?"
II went to live with her in December,
1895. The day she died she got up, dress
ed herself and walked to the sofa, where
she lay down, and then death overlook
her. She had been at Santa Monica
but never for day was she confined to
her bed"
The testimony of Madame Casenave
was apparently, disconnected and a
mere resume of isolated circum-
stances and facts. but neverthe-
less it will, most probably. play
an important part in the case; and
being in some measure contradictory 20
her testimony given during the trial os
the suit Of Alaniz against Caseneve L
may furnish grounds for the inlpeach-
ing of the testimony Of the beneficiary
under the will. against whom tl-e verbal
batteries Of t'4r legal gentleman ap-
pearing for ~ contestants are mainly
/ directed.