El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-09-17
Burns Will Case.

Ii yin coIQ " % lCdAoiatCo
with Burns. 1 am not acquainted |
with Mr.. Patterson personally. |
once overheard Burns tell Patterson |
that he wanted him to see that he was |
buried right and that everything was |
fixed all right. l heard Burns tell |
Patterson that he (PattersOn) would |
get all his property
Judge ]. Z. Townsend testified that
he ha known Wallace ever since he |
came here and that his general repu- |
tatiOn was gCOd. He thought be was
of belief on oath. In the cross
when Attorney Coldwell
asked the witness If Wallace enjoyed
a recognized reputation as truth
full, veraciOus member of the bar,
Townsend replied that his reputation
was as good as that of other lawyers,
Judge Townsend WAS then excuse d.
The next witness was ex-collec-
tor Chas Davis. When asked if he
knew anything against the reputation
of Mr.. Wallace he stated that at the
Henrietta convention circumstances
had happened which had caused par
ties to attack the character of Mr..
Wallace. But from what he had
known of Mr.. Wallace since he had
come here, he thought that his reputa-
iion for truth and veracity was good.
On cross examination he stated that it
WAS from his own personal experience
that he drew these conclusions, and
that he did not know the feelings of
the community towards the reputation
of Mr.. Wallace for truth and verac-
ity.
2. G. Bowler, Fred Schaefer, Harry
Chairman, M. Ainss, and John Brun-
Der all test fed to the good reputation
of Mr.. Wallace, but all on cross-eXam-
nation stated that their opinion was
formed from their own knowledge and
dealings with Wallace.
The next witness was Fl. 81. McWil-
lisms. Considerable time was sper in
trying to determine whether Mr.. Nc
Williams qualified himself by his an
swers to testify as to the general repu-
tation of Mr.. Wallace. The entire
time after the witness took the stand
was consumed in this argument until
the court adjourned at five o'clock.
When the court met this morning at
9:25 Witness McWiliams again re-
sumed his seat in the witness box.
| The first question asked Nc Williams
by plain tiff's attorneys started a wran-
gle between the attorneys and there
was considerable legal fencing. Then
more questions were asked and object
ed to. Nothing of interest was brought
out.
Chas B. Patterson then testified that
he began doing Burns's law business
about 1890 aud continued as his adviser
until Burns left Ell PasO. Burns was
in business that caused the people
around him to constantly seek legal
advice, and he gave his advice at
the services rendered, because Mr.
Burns desired to keep his mon
ey invested that he might
have an income in later years
that would be sufficient to take care of
him. He was satisfied that when Mr.
Burns bad his business affairs properly
adjusted he would settle with him. He
had never made demands upon Mr..
Burns for settlement until last
spring, when he stated to Mr.. Burns
| that as be had had couple of bad
spells and might not recover his
health he thought his SER
| vices should be paid for. Burns
| told him that he would be remem ber-
| ed. He and Burns were close political
| associates and always agreed upon and
usually selected the democratic tickets
both city and county. They were
personal friends. He visited Mr..
Burns often during his sickness. but
not as often as Burns sent for him.
This was because Burns being
confined to his room was
childish and petulsnt, and upbraided
him when he did go for not coming
| oftener. Burns's mind however, was
clear throughout his sickness. He had
| good sound sense. Witness saw him
on the 11th day of April last, election
| day. "Burns had obtained some ele c.
| ton certificates and sent for me to go
up with the men to vote. While there
he ask ed me to order a carriage to take
him TO the train that afternoon as he
was going away to California. When he
| was able to get out he oft n came to the
Office of Patterson and Wallace. The
! first time that | knew of the will in
my favor was the day of its date in the
afternoon. He often afterwards spoke
to me of the fact that according TO the
terms of the will / would get his pro.
perty when he died. lie at one time
| last spring sent for me and when l got
to his room, he spoke of being q
Catholic and gave me directions abou,
his burial, and also directed that all OF
his honest debts should be paid. He
had given me pair of cuff buttons
and asked me to keep them ALWAYS. In
the winter of '96 or spring of '97 Burns
stated that he would leave his proper
ty to me. He said that he had worked
hard in his business on Utah street
and he did not propose to have bis rel
ative, Daniel Lamb, have any advan.
tage OF his labors."
In cross-exa mipatio Attorney Cold.
well brought out the fact that tn wit
ness came here in charge of the U nited
States marshal, that he was con-
victed of techinal violation
of the revenue law at Colorado City.
Texas, and was confined in jail at this
place for thirty days as a penalty
Shortly after his release he WAS made
a merchant policeman, and was after
wards appointed constable and still
latter elected constable. That while
constable he came familiar with Burns
After serving out the term for which
he was elected he was defeated for nom
ination. and went to practicing law
That the character of the people
around Burns wss OF the lewd class
both women and men. Witness stated
that he did not believe
Burns paid him fifty dollars
altogether for all of his services. THAI
he made no direct demand on Burns
for settlement but spoke to him in
the spring of 1897 about their affairs
In March. 1898, he spoke to Burns
again. He said he told Burns that he
(Burns) owed the witness considerable
money and Burns replied eyes,