El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-16
INCREASING
INTEREST
Is Taken In the Burns Will
Case BY the Public
AS THE TRIAL PROCEEDS
The Attorneys Are Diligently Follow
ing Every Point Of the Law, And
Technicalities Are Given Much
Weight Much Time Occupied In
Legal Wrangllng.

Weight Much Time Occupied In
Legal Wrangllng.
When the district court opened yes
terday afternoon At o'clock the crowd
In the courtroom was considerably
augmented by numerous persons who
had gathered with the object of being
present to await sensational develop
ments. In Ithis, however, they were
disappointed, for the greater portion
of the afternoon session was consumed
by the attorneys in wraDgling over
legal propositions.
Thus far the case has been stubborn
ly fought by the lawyers on both sides
and neither Patterson nor Lamb could
reasonably complain of lack OF dill
pence on the part OF their attorneys.
The attorneys for contestant Lamb
are depending largely on the theory
that the Patterson Will was the result
of forgery, conspiracy and deception,
and are endeavoring by every manner
of means to demonstrate the correct
ness of their theory and substantiate 1t
with facts.
on the other hand the opposing
counsel rely to great extent upon
technicalities to balk the efforts OF
their opponents and demand that tn e
established rules governing evidence
and the like be strictly adhered to.
or course it Is perfectly proper for
them to do this, but Lambs attorneys
have in this manner been seriously
hampered on several occasions.
The trial grows more interested as 1t
progresses and the average citizen Is
furnished much food for med itation
and no little entertainment by the su-
preme struggle now taking place for
possession of poor old Jim Burns's es-
tate.
The sympathies OF disinterested per-
sons are undoubtedly with the poverty
stricken kindred of Burns, who reside
in Ireland, to whom the small fortune
would have been a God send, but, OF
course, a court OF Justice Is not affected
by sympathy and the case will be de-
cided according to the law and the
evidence and If Charley Patterson is
able to make out q good case he will
live to enjoy the fruits of old Jimmy
Burns's life of toll and frugality-that
is, the residue OF the estate, after the
courts and the lawyers have had their
share.
ALDERMAN CLIFFORD
The contest was begun after dinner
yesterday with Alderman Clifford of
the fret ward on the witness stand.
During the direct examination, con-
Quoted by Judge Coldwell, he said:
81 knew Jim Burns since go; became
personally and politically acquainted
with him in 1892; he was Irish and l
am Irish; Burns could not read or write
aud 1 frequently wrote letters at his
dictation."
The alderman was handed letter
by Mr.. Coldwell and asked to examine
IL. He identified 1t as a letter he had
written April 6, 1897. for Burns to de-
ceased's half brother Lamb, in Ireland,
He said he had frequently written 81
milar letters at Burns's request; could
not swear that this particular letter
had been mailed.
Judge Coldwell took the letter and
read IL to the court. 1t was very af-
fectionate in its terms and Lamb was
requested to fix a headstone at the
grave of their mother and see that the
grave was kept in good condition.
Witness had been told by Burns that
he had no living kindred but Lamb
and family and that he intended will
ing his property to them; Burns had
said this many times and often remark
ed what fine girls his two nieces were;
Burns talked this way last year at this
season, which was the last CONVEX
sation witness ever had with him.
Cross examined by Waters Davis:
Q. Did Burns ever see his nieces?
"A. Don't know that he ever did.
Fell In love with their photographs,
did he?
suppose he did.
You take a good deal of interest in
the.case; Yor feel at home here because
you not?
No. L can't say that do.
This will contest Is regarded as q
sort of nationsl affair,is it not?
No, think you are imputing q very
wrong motive; wanted to have moth
ing to do with the case, but my testi-
mony was sought.
property 60 back to Old Ireland and
the money spent to embellish the"Em-
erald Isle?"
l don't think there's much chance OF
1t going back there; not after you boys
get through with il. daughter and
confusion, and witness was excused.)
Next followed little tiff between
Attorneys Coldwell aud Davis. Davis
made some ocular remark to the tall
ex-alderman and he quickly turned
round and glared through his spec
tacles at'the great corporation lawyer.
"This is no joking matter with me-"
he roared, you seem 20 regard it as a
burlesque"
"You ought to put out red flag so
we'd know you were going to get mad"
retorted Attorney Davis.
The next witness was Gus Lee. He
too, had written many letters for James
Burns to the Lamb family. A letter
was produced which he wrote in Aug
ust, 1897, and witness fully identified
it. The epistle was then read aloud
by Coldwell. 1t was addressed to
Daniel Lamb and two pounds sterling
was enclosed to pay the balance due on
the headstone "for mothers grave"
Its tone was affectionste and showed
that the best of feeling existed be-
tween the brothers.
GA little over a year ago." said tn g
witness, BURNS brought to me letter
from Lamb and asked me to read
it,