The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-08-24

went into the hall and asked Mr. Set
zer what Mr.. Staples was doing with
his will. She told him she didn't think
Mr. Staples was fit or able to make a
will Mr.. Setter replied that he was
there to attend to Mr.. Staples busi-
ness. Taking into consideration all cir
cumstances that had occurred since
1898, she didn't think he was Of sound
mind when she signed the will as a
witness. At one time, she Thought be-
fore the signing Of the will, Mr.. Staples
said he was going down town to do
some writing or to make out his will
and at that time he was i'll and con-
fined to his house part of the time
They went for drive, but did not GO
down town.
Before Judge FTandrau resumed the
redirect examination. he made mo-
ton that every word the witness said
regarding hallucinations which Mr..
Staples might have had be stricken
out, because they could not be consid-
cred by the court. The motion was
denied, and Mr.. F4andrau resumed the
direct examination.
The witness stated that she had re-
ceived $13 per month for her services
as a nurse. Mr.. Staples was not what
She considered a penurious man. He
helped the churches in the city, and
after the death of his wife gave $4,000
to the Presbyterian church. When Mr..
Staples went to the Hot Springs in
1893 he asked the witness to go with
him, but said he couldn't afford to pay
her wages while they were gone. He
asked her to put up lunch inasmuch
as he
DIDN'T WANT TO BUY
meals on the train. She considered
this strange act upon the part of Mr..
Staples, who, she heard, travelled a.
great deal, and was supposed to take
meals on trains. She knew that Mr..
Staples was president of a bank, ope-
rated several farms and had other
business. She thought he was capable
of transacting business in 1892 and 1893,
but didn't think he was competent to
make his will after his first sick spell
in 1898. She thought there were times
when he was capable CT transacting or
dinary business. He might have been
capable of doing business more than
half Of the year She heard Mr.. Staples
give mixed up orders at various times
on the different farms. She had seen
Mr.. Staples drive horse but always
had some one with him. She admitted
having told the attorneys for the con-
testant some Of the things she had
been esked to testify to In this case.
This was less than month ago. She
was present at the first hearing Of this
matter, but didn't remember whether
1t was before or after that time. She
didn't go over all the matters when Mr..
NethaWay came to see her. He knew
some of them. She had met Col. Bron-
son once, but they didn't talk very
much about the matter. She said she
expected to be remembered by leg
acy In the will. and when the will was
read she was disappointed, Mr. Staples
having told her that she would be am
ply repaid for her hard work. She said
she felt bad, but Is not angry at any
member Of the family. She didn't
think that If she had been left a legacy
1t would have changed her mind in re-
lation to his capability to make a will.
She signed another ,vtll, but couldn't
say whether 1t was Sthree weeks or
three months prior t. the execution Of
the last will. Mr.. Staples had some
times
CENSURED THE WITNESS
for interfering with his business and
again would censure her for not help
ing him remember. Some Of the mat
ters she had told vera hearsay. Wit
ness said that Mr.. Gail, one Of the at
torneys for the estate, had called to
see her at Mr.. Staples house after Mr..
Staples had died. He had paper he
wanted her to sign. It was in regard
to Mr.. Staples being right mentally
and competent to make a will. She re-
fused to sign any paper whatever. Mr..
Gail read the paper to her. She after
ward asked him to give her a copy Of
that paper, and he gave it to her at
the home Of her daughter at Hamline.
A copy Of the paper, which Mr.. Gail
had presented to her, was offered in
evidence, and consisted Of an ordinary
proof Of will, used in the probate court,
also a letter stating that he had in
tended to hand it to W on the pre-
ceding day and a copy of the certificate
attached to the will. Witness said she
had an understanding with Mr.. Staples
after Mrs. Staples died. He wanted
her to remain with him. and said she
should be remembered when he died.
He never told her what amount would
be given her. Witness said she was
compelled to wait on him day and
night, and took care Of him as she
would child. She noticed the paral-
ysis of his left side after his illness in
July, 1893. He never fully recovered
the use Of his left side after his first
illness. He would frequently promise
her that she should be remembered.