El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-15
Van Patten TangIes Himself
Up, And Attorney
WALLACE is EXAMINED
There Are Many Clashes In Testimony.
And the Attorneys For Contestant
Prove Themselves Masters Of the
Art OF Cross Examination.

by repeated attacks OF coughing at
critical moments. He took the posi-
tion that after Attorney Wallace had
drawn up the document he attached 1t
to a covering of heavy paper and
braided il with a machine which was in
the Office. He also alleged that Burns
was in such feeble physical condition
that he had to be assisted to the table
by Wallace when he signed his name
to the will.
At a certain stage of the examination
the will was handed to the witness by
Attorney w. III. Burgess, who was con-
Quoting the examination. Van Patten
scrutinized il closely.
O.-Is that document in the same
condition now as on the day you signed
fl?
A.-Exactly the same.
When did that back get on IL?
Wallace put it on.
How did he put 1t on!
He had a little apparatus on his
desk.
You saw all that?
did.
Which side of the table was Burns
sitting on when the will was signed?
The south side.
Did he get up and walked to the
table when called on to sign?
No sir, Mr.. Wallace helped him up.
Which side of the table was Wallace
on?
The west side.
Did you ever have any conversation
with anyone about the will after the
day it was signed? (Witness was seiz-
ed with a violent fit of coughing and
did not reply Immediately. He finally
answered that he had not and after q
few further questions was excused,
GEO. E. WALLACE.
Attorney George E. Wallace took
the stand at 80 O'Clock. He was calm
and collected and leaned back COM
fortably, crossing his legs. His air of
assurance did not last long, however,
Under the scathing cross fire of w. w.
Turney Mr.. Wallace became nervous
and excitable.
Judge Falvey conducted the direct
examination which lasted for an hour.
Wallace was asked to relate the entire
circumstances surrounding the making
of the will of July "a, 1897 to which he
and Van Patteu had subscribed their
names as witnesses.
To tell this was an easy task and it
did not take Attorney Wallace long to
do it.
"a, 1897, Jim Burns came to my Office
and said he wanted to make a new will.
l was greatly astonished when he said
he wanted to leave all he possessed to
Charley Patterson.
''Burns eat on the south side of my
desk and 1 was sitting on the north
side.
"Burns said Lambs people had not
treated him right and he wanted to
cut them off without q dollar. 1 advis-
ed him to leave Lamb 5000, so there
would be no legal question raised, on
the grounds that he had overlooked
his relatives, and Burns consented
II got my typewriter out and began
writing the will. / was possibly about
half through when Van Patten came
to the door. Burns looked up and
seeing Van Patten told him to come
in. / told Burns that we would need
witness to the will and he said Van
Patten was just the man for the pur-
pose.
latter finishing writing I read the
will carefully to Burns. Then I left
the Office for a few moments and when
1 came back asked Burns IL he wanted
to sign.
HE said yes, and as he could neither
read nor write l signed his name to
the document and pushed the paper
over to him and he touched the pen.
"Burns was sitting on the desk when
he touched the pen. He called to Van
Patten to sign aud'Van complied.
I'm the afternoon Patterson was in
the Office and when 1 told him about
the will he said, we had better not
keep 1t In our possession, and told me
to give it back to Burns. Three, days
later Burns returned and offered to
give him the will but he told me to
keep it.
81 told him / would put it in the
Newman bank and he agreed. L went
In Edwsr SIS Office and procured an en-
velope.
az folded up the will and put cover
s.fe
some other Office, because 1 did not
have bradding machine of my own.
After that l folded the will and
put 1t in the envelope On
the envelopeI wrote, Last will and
testament of James Burns. Then Burns
and l took 1t to Austin and gave it over
to him for keeping.
81 told Austin that the envelope con-
tanned an important document. When
Falvey and Davis got their new safe I
removed the will from the bank aud
put it in their safe. Before doing this
l enclosed the first envelope In another
which | marked. Property of George
Z. Wallace.
The next time 1 saw the will Burns
was dead.'
Attorney w. w. Turney conducted
the cross examination of Attorney
Wallace and he proved himself to be a
master of the art. He treated the
witness with every courtesy and by his
persuasive tone aud easy manner of
speech led the transporting witness in
to several traps before he was aware
that they had been laid for him.
The testimony of Messrs. Wallace
and Van Patten was chiefly remark
able for the reason that both claim to
have been eye witnesses to the execu-
ton OF the last will and testament OF
James Burns, deceased, and yet on
several important circumstances sur
rounding the signing of the document