The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-05
SWEAR THEY Did NOT SIGN.
DIR. SMITHS THREE CHILDREN RE.
PUDIATE THE RECElPT.
Deny That They Got Their share ~
the Money which In Alleged to
Have Been Paid Into Court BY

Three of the children of DR.. II. A.
sr.ith testified yesterday afternoon befors
ige Moore that they had not signed the
document which is now part OF the files
OF the probate department. Of the superior
court. IN which they appear as giving
receipt for their shares OF the $4,000 pur-
chase money Of the Smith property. sod
to their father under an order Of the pro-
bate court.
Mrs. Lallanlume z. Linder, the oldest
daughter or the aged pioneer, occupied
the witness stand during the entire morn
ing session. She swore positively that her
signature 10 the paper purportiag 10 be
receipt for her share of the purchase
price Of the Smith property. situated at
the corner or James street and Second
avenue. was a forgery. She Likewise. tes-
tilted that the alleged signatures Of her
sisters on the document were, N ..er op-n-
ion, forgeries.
Besides Mrs. Linder, Miss lillian Smith
and Mrs. George Teaff. both daughters Of
the pioneer and both plaintiffs in the ac-
ton. testified that they had received no
share whatever n the money which il is
alleged by the defense was paid by DR..
smith into court as the purchaser OF the
property, and which it Is claimed was
distributed under the order OF the probate
court TO the heirs OF Mrs. Smith. This
evidence was all Of the most positive
character. The presumption remaining is
that someone who was interested N the
transaction was guilty OF wholesale for
gerry. No accusation Is made in any Of
the plead!ngs rejecting upon the honor
OF DR.. Smith. The pioneer himself, while
on the stand on Tuesday, swore that r.
II. j. Pennefather attended TO the whole
proceedings In the probate court In which
an order was entered directing the sale OF
the property and the apportionment of the
purchase money among the children Of
Mrs. Smith.
Mrs. Linder. the eldest daughter of DR..
Smith. was placed on the stand in behalf
or the plaintiffs upon the opening OF the
court In the morning. Mrs. Linder testi-
ned at length concerning the ages OF the
children, and especially the dates OF the
odrtn OF Ralph and Laurine. whose ages
are in dispute bstween the parties litigant.
Mrs. L-rder swore that the children trust
ed their father implicitly in all matters
OF business. He had charge OF all OF the
property interests OF the family and the
daughters paid very little attention to any
business matter whatever.
The most important portion OF Mrs Lin
itively that she had never signed a re-
ceipt for money on account of the sale
OF her interest In the Smith property and
had not decided away that interest TO any
one. The receipt, which L. on file in the
probate department. OF the superior court,
and which purports TO be a full release
or the rights of the children of DR. Smith
was handed to the witness, and she swore
positively that her signature to the docu-
msnt was forgery
Mrs. L.nder made a good witness. She
was emphatic and positive on all material
points, and appeared TO have a good recol-
lection OF the events upon which hang
the issues in the case. Characterization
by the attorneys for the defense did not
weaken her testimony.
Mrs. Maud TeafY. wife of George Tear.
and Miss Lillian Smith. both daughters of
DR.. Smith, testified TO the same purport
and effect as Their sister. Miss Lillian
Smith. a handsome young GIRL atiired in
becoming plaid shirt waist, dark skirt
and straw hat, told the attorneys that she
mad never received any sum whatever in
consideration of her interest in the prop
erty left TO herself and her sisters by their
mother. Neither had she authorized any.
one to receive the money for her. She
had signed no release or deed OF her rights
In the premise-
Miss Smiths face was suffused by a
heecming flush, due probably TO the warm
afternoon and perhaps to the fact that
the witness stand was a strange place to
her. She said that the business affairs OF
the family Were not often discussed by
her sisters, and that sill Of the matters
pertaining TO the property were left in
the care of the father. Mss Smith bore
the croSs-examnation WELL
Mrs. II. Ash testified that she was a VS.
stor at DR.. Smiths house in the early
us, and that she remembered having seen
Ralph, the only son, at that time. Her
testimony corroborated the contention of
the plaintiff that an error had been made
In the ages OF Ralph and Laurine. Mrs.
Ash was an unexpected witness. She read
the account OF the case in yesterdays
Post-Inteiligencer. and then. recalling her
visit TO the Smith household over a quar-
ter OF century ago. made her way TO