Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-01-27
SLOW PROGRESS TO-DAY
Miss Cleary Gross Examined in Van Riswick
Case.
Lawyers Argue Every Point at Length
Judge McCOmas Rules ON
Objected Points.


The seventh Gay of the trial Of the con-
test inaugurated by Mrs. Martina Carr over |
the will of hec mother, the late Mary Van |
Riswick. was opened before Judge Nc |
Comas in Circuit Court No. 2 this morn |
ing by another of the many legal tits |
which have marked the trial so far. When |
the trial adjourned yesterday after |
noon the court had just decided that the |
ieciara tons of Mr.. Wilton j. Lambert |
one of the devisees. and co-executor with
his aunt. Mrs. Carr, as to Mrs. Van Ris-
wick's testamentary intentions could not
be submitted to the jury. Also, that SIM
liar declarations of Mrs. Tallmadge A.
Lambert. Mr.. Lamberts mother could not
be repeated to the jury by Miss May
Cleary Mrs. Van Riswick's grandniece. the
witness then on the stand
Just before the court adjourned for the
day counsel for Mrs. Carr, Messrs. r. Ross
Perry ard A. S. Worthington, offered to
prove by Miss Cfeary that Wilton ]. Lam
bert had, about the time the Will was
made. heen harping to her and others OF
Mrs. Carr'S alleged extravaganza, and that
he was poisoning his grandmother's mind
on the subject. Counsel for Mr.. Lambert
Messrs. Jere NJ. Wilson, VIM. F. Mating
ly and Henry f. Davis objected and this
d.
length by respective counsel.
Mr.. Lamberts attorney submitted that
the other side do not intend to show that
Mr. Lambert made the alleged statements
to his grandmother. but that he made them
TO others, and would then have the Jury IN
fer that Mr.. Lambert made them to Mrs
Van Riswick during his private interviews
with her Mrs. Cars counsel explained.
however, that they do not wish the jury to
infer anything On the contrary, they de-
sired to place before them this conduct OF
Mr.. Lambert. as tending TO snow "he el
! taken together with other conduct or MS,
|. that he did. Mrs Carr alleges, procure
| the making of the will by undue influence
practiced by him upon his grandmother
Judge McComas held, however, that the
! alleged circumstance was too inconsequen-
| tial, and therefore sustained the objection,
| counsel for Mrs. Carr noting another ex-
| ception 49,
| Cleary that about year before the max
| ing of the will, Mrs. Tallmadge A. Lambert
! said that her mother, Mrs. Van Riswick,
| was getting old: that her relatives nad
great deal of influence over her. and tnat
! she (Mrs. LamberD was afraid they Would
| get some of her property. On the oplec-
| ton of Mr.. Lanbert's counsel. Judge NC
| Comas oyerruled the offer, and after they
| had noted another exception, Mrs. Carr s
! counsel announced the close of the direct
| examination of Miss Cleary. and Mr.. Will
| son proceeded to cross-examine her.
Cross Ex Examination.
| Miss Cleary stated to Mr.. wilson that
Van View. the piece of suburban real es-
tate devised by Mrs. Van Riswick to Mr
Lambert, was inherited by Mrs. Van Ris-
wick from her father. Mr. Lambert and
his two sisters were Mrs. Van Riswick' S
only grandchildren, and the old lady seem
ed very fond of them. they having been
| reared in her home. She particularly
fond of Wilton, and had great commence
in him. His sister Mildred, now about
| nff
spectful to her grandmother, frequently
demanding money from her
Miss Cleary said she had never been told
by Mrs. Van Riswick that Mrs. Cars hus
band HAD failed in business at Norfolk. al
, though Mrs. Lambert had so told her
: Wien the Cars came here to live will
: Mrs. Van Riswick, he took desk in Pit
t ney & Bradford's real estate office, ant
| lie ter took one in Heiskell & McLeran's of
| fee She did not know that he collected
Mrs. Van Riswick's rents. Mr.. Carr, sh'
5 believed. constructed a laboratory at Mrs
: Van Riswick's house, and built an oh
l servatory on the roof. Mrs. Van Ris
+ wick had not told her that Mrs. Carr ha'
sold a large block of Great Falls Ice Com
pany stock, inherited from her father. tn
, late John Van RisWick, and that had she
4 Mrs. Van Riswick, known she desired t
e sell it. she would have purchased it. as sh
did not wish it to go out of the family
I | Neither had Mrs. Van Riswick told he
t that Mrs. Carr had invested money il
: North Carolina. Miss Cleary said she is
| godchld of Mrs. Carr. with whom she re
sides. From 1883 to Mrs. Van Riswick'
!. | death. last February, Mrs. Carr lived wit
e her. and most intimate relations existe
| between them.
i Up to the time of this litigation. said Mis-
| Clcary. very cordial relations existed be
:. tween Mrs. Carr and Miss Maud Lamber
; and she had heard of letter having bee
! writteh about that time by Mrs. Carr t
| Miss Lambert severing such relation.
Miss Cleary also knew that Miss Lander
| hal lad mt 10 could that Mr.
II Carr refused TO allow her to be admtte
to the house.
1t is true. said Miss Cleary. that Mr.
= | Carr race;I ed her friends the Tuesda
= preceding her mothers death. and it
u true that Mrs. Lambert went for HI
y mothers physician in the absence of II
q | coachman. 1t was not reception exactl
u | Mrs. Carr merely receiving friends WI
- called. light refreshments being serve
y Mrs. Van Riswick was complaining Vel
;. much that day. but witness did not thir
!, she was dangerously i'll. and she could n
- recall Mrs. Lambert saying that If h
mother wanted a doctor she would s.
N that she had one. Mrs. Lambert spol
~ that day to her mother of expenditures +
l. repairs, curtains and bed clothing, but Wi
n. ness could not say that Mrs. Eambe
If | spoke of them simply to divert her mother
al | mind. Mrs Lambert has been an inval
a. or in delicate health for number OF veal
ia and her mother would almost invariab
az go down stairs when she called, so tn
a Mrs Lambert would not be compelled
climb the stairs.
r. The cross-examination of Miss Clea
a. was continued by Mr. Wilson througho
a, | the day, but nothing materially differe
mr. | or new ives developed. the witness adhe
| ing to the statements she made in her e
Mt | amination-in-chief.
TT
ed Death of Mr.. Edward Mitchell.
r Mr.. Edward Mitchell who for sever
s. years past had been keeper of the fiji
II. | precinct police station. died last evening
be | his home, No 203 B street northeast, aft
ng an illness of several weeks from heart d
ease and lung troubles.
Mr. Mitchell was a native of Englan
where he was born in 1915. He W
La | brought by his parents to this country