The evening times., 1897-01-26
JERE WILSON'S AAECDOTE
1t Enliyened the Van Riswick
VIII Proceedings.
MISS CLEARY STILL TESTIFIES
! She Relieves That Wilton j Lambert
Showed Disrespect Toward His
Grandnother-The Wrangle Over
the Adnlissibility Of Certain Ques-
tions and Answers

When the hearing in the Van Riswick
VIII case was resumed this morning it was
decided To continue the examination OF
Miss Cleary before opening the argument on
the admiSshility OF declarations Of lega-
tees. 1t was stated by Miss Cleary that
Mr., Wilton J, Lambert had been disresDect-
tul to his grandmother, Mrs Van Riswick
Mr Perry developed this testimony to its
fullest extent, and the value of it. he said,
was to show that the relations between the
deceased and her grandson were not such
as TO indicate that she would have made
such a viii without undue influence.
Miss Cleary was told to inform the jury
nf some fact illustrating what she thought
was disreSpect. The witness answered that
Wilton had kept his grandmother waiting
long time III depot waiting room on
very hot summer day.
lie also refused to stay all night with his
grandmother the evening before her death
Il asked bin to stay" said Miss Cleary,
"but lie answered, 'oh, she will not die to
night and went home"
Mr.. Davis objected to this testimony
How, your honor, can anything supposed
tohave happenedthe night before her death
have any bearing on Will made two years
before?''
1t was then that Mr.. Perry explained that
it would show the relations between the
two persons.
Judge McComas thoughtthe refusal tostay
all night could operate two ways 1t might
show, as Mr. Perry suggested, but, on the
other hand,it mightindcate consciousness
OF no un due influence
The question and answer was finally
admitted, but a considerable discussion
arose over a later assertion that Miss
Cleary and Wilton We're conversing one
day and Mrs Van Riswick asked whatthcy
were talking about. The young lady, on
the witness stand, said that Wilton laugh ID,
and replied something different from the
real subject of conversation, thus deceiy-
ing the old lady. Miss Cleary thought
this was disrespcct.
Judge Wilson objected to this state
ment, unless the. witness would tell Just
what was said on the occasion referred
TO. Mr. Perry arose, with his arms fIlll
OF authorities. One OF them, Judge Wilson
declared, had been read at least from four
times in the present case, but he thought the
Judge should hear il again
The court smiled and Mr.. Perry pro-
ceeded. At the conclusion Judge Wilson
said it reminded him OF an old gentleman
who had very promising son stud wing for
the ministry and who graduated with high
honors. The father listened with pardon
able pride to the young mans first sermon.
The text was And Simon Peter's mother
lay sick OF fever" The father thought
the discourse excellent, and went 90 his
sons next station to hear him again, The
subject was And simon Peters mother
lay sick Of a fcver." Thinking he might
change the subject, he went to the third
station, and dheard again And Simon Peters
mother lay sick of a fever" The parent
unrestrainedly exclaimed, MY son, isn't
that old woman dead yete'
Judge Wilson explained that he thought
Mr.. Perry should let the court take home
the authority and sleep with it under his
pillow.
The court ruled out all reference to the
alleged conversation between Miss Cleary
and Wilton Lambert.
The examination OF the witness contin-
ued, and she said that Mrs Van Riswick
had accused Mrs. Carr of extrava gance in
the household This was following a visit
of Wilton to his grandmother, who also
asked Mrs. Carr to explain why she had sold
certain property. Mrs. Carr replied that
she had not sold the premises mentioned.
'Qh, yes, you have declared Mrs. Van
Riswick. II know, you see; / know"
This was Just after visit from Wilton.
Miss Cleary said the young man had been
given money by his grandmother. She
thought the deceased was not OF firm
will and would be easily influenced.
MIR. Perry then asked: "Do you think
from your observation that Mrs. Van
RSwick was under the influence of Wilton
]. Lambert or Mrs LAMBERT"
This was objected to by Mr.. Davis, and
Judge McCouas sustained the objection,
that conduct, acts, and decla-
rations are the best evidence as to whether
the deceased had been Influenced.
Referring again to the alleged influence,
Miss Cleary said that Mrs. Van Riswick
had told her that the Lamberts were try
ing to get her toleave Van View, the Country
place. to Wilton. 1t is claimed that this
property. which is worth about $40, 900,
was really left TO Wilton in the will in