The herald., 1898-01-12

A VOID CONTRACT
with regard to the second issue w
will show that it is void as being con
trary to public policy; that it is voidabl
and not binding because obtained from
Mrs. Creede against her will, by undu,
influence and duress. We will prove
| first, that the sum of $4,000 was who'll,
inadequate; second, that she is woman
of weak will and mentality-rendere(
weak by the habitual use of morphin,
for the past twenty years. Also, we will
prove that pressure was brought to beal
upon her, that she was without adviser
her husband was represented by Mr.
Jones, and the deed itself was not ever
certified to before an outside notary, but
before Mr.. Weller, the law partner OF
Mr.. Jones.
CREEDE'S LITTLE PECCADILLCS
about six months prior to the separa-
tion, Maggie Kearny came into the
Creede household. Up to that time there
had been no disagreement or jar be-
tween Mr.. and Mrs. Creede save those
little family differences, perhaps, of
which the court cannot take cognizance.
After that time, however, things were
nection with this woman; Mrs. Creede
had evidence of it, and she finally con-
sented to sign the instrument, believing
her husband would be weaned from
Maggie Kearny by her absence, and send
for her to return. So well founded was
her belief that shortly before his death
he did say he was going to send for the
old woman
OUT ON THE DESERT
Mrs. Creede, too, was partner in all
of her husbands ventures. The estate
is probably worth about 100000, and in
that case she is entitled to $150.000. In
1891 she, Creede and Sherman Phifer en-
tered into an agreement to go out pros
pecting and share equally in the pro-
ceeds of the trip. When the start was
made Phifer was too i'll to join them, but
he did so later. The contestant-then
known as Lou Patterson-went out on
the desert and cooked for the two men.
and at the place now covered by the
town of Creede was present when the
mine was discovered in which she had
a share. When Creede sold out he sold
more than his share of one-third-he
sold the other two-thirds. With the pro-
,eeds of the sale he purchased the prop
critics he held when the instrument was
drawn and that Mrs. Creede signed, con-
veying away s15O,OOO for s20,OoO
SIGNED AWAY HER RIGHTS
I'm 1876 she commenced to use NOR
phine and has used it since habitually.
will testify she is mentally
lnsound and medical experts in answer
% hypothetical questions covering her
,ase will show such one to be mentally
md morally weak. Two days before the
agreement was signed Creede told her
f she didn't sign she'd take a ID |
light less Mr.. Jones. as her husbands |
lttorney, and as her friend, advised her |
o sign it, She wept copiously and gave
violence of having been made to do
against her will.
with regard to the third and last |
,ranch of the case" said Mr.. Finlay- |
on, in concluding, 'I shall make an ad- |
litional statement after the propon-
nts have made out their prima-fac |
ase''
IRIS. CREEDE'S MANY MARRIAGES
The various documents alluded to were
hen entered as exhibits in the case by |
1r. Finlayson, over the objection of the |
opposition, and then Mrs. Creede was
allied to the witness stand. She gave
Ter name as N. Louise Creede, and in |
esponse to the question of her counsel |
aid that she and her late husband were
wing at Pueblo, Col, and from there
'ent to Las Vegas Springs, going down
} Las Vegas to be married. Ida Brown,
tho worked as cook for the Creedes,
as present at the marriage
Being asked regarding her previous
Marriages Mrs. Creede stated that her
rst marriage was with George S,
andever.
Where was that. Mrs. Creede?" in
uired Mr.. Finlayson.
In Tennessee, about 1858"
who was the next?''
"a fellow named Jerome DANES at
ape Girardeau in Missouri. That was
/ 1867, 1 believe"
do you remember whom you were
larried to next?"
ASA Sole, at st. Louis, in 1870, or
along there"
What became of him?''
eve were divorced and he died, I be-
eve, in 1888"
What became of Daines?"
eve married in May and he died of
consumption in December of the same
ear"
Whom did you marry next?"
Frank KilA in 1876. l believe he died
| the hospital at Salt Lake City. but am
OF sure. had got a divorce from him,
lough."
And whom did you marry next?"
IN. c. Creede.'
Where We're you born, Mrs. Creede?"
sked counsel, taking a new tack.
Near the site of the present city of
in Alabama"
How old are you?"
Il think l was SO last July" answered
e witness dubiously.
For the time being Mrs. Creede was
tired from the stand she really being
1t on out Of the intended order. This
orning the testimony will be put in in
'nsecutive order.
A certified copy of the decree divorc-
g George Vandever from Nancy L.
andever in 1866 was filed as an ex-
bit, and also a certified copy of the
ws of Illinois. in which state the di-
'rce was obtained.
AT that point an adjournment was
ken until this morning.
A COMPLICATED SUIT =
mother of the Wiesendanger Gases )
Rises Up for Judgment
v,