El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-15

| The envelope was delivered to Wallace
before Burns's death. I would have de-
| livered 1t to no one but Wallace and
Burns. Burns could not read or write.
Nothing was said about the contents
Of the envelope-nothing said orally
but to deliver it to Wallace. Witness
| was excused,
Judge Faivey took the stand and
told how the will was deposited in his
safe by Wallace and afterwards called
for by Patterson and opened in his
presence. The papers in court were
| the identical ones. Excused.
Attorney Waters Davis also went on
| the stand. He recited how Wallace
came to his Office and asked him to
take care OF some papers which were
| sealed up in an envelope marked
property of George Wallace" Wit
ness forgot all about the papers until
Patterson called for them.
Cross examined by Mr.. Turney:-
just before Wallace went to east Tex
, as he reminded witness of the papers;
witnesses impression was that Wallace
told him the envelope contained his
life insurance policy. Papers were at
all times subject to Wallace orders.
After a brief consultation the attor-
neys for Patterson announced that
their side would rest.
The attorneys for Lamb then intro
duced as witness q Mexican woman
named Drucilia Pinkston, who had for
years been Burns's housekeeper and
cook. The woman had been asked
but few questions when Judge Falvey
interrupted by stating that she had
subsequently pardoned and he doubted
if she had been restored to credibility
as witness.
The witness admitted that she had
been sentenced to the pen and pardon
ed. The pardon was at her mothers
house and she was excused to bring it
into court.
The written evidence of Thomas
Roach, given in the county court, was
Harvey proceeded to read it. He
had not gone far until Attorney Stan
ton objected on the grounds of irrele-
vancy. The point was argued for
half hour by the lawyers and finally
overruled by the Judge, and Mr.. Har-
vey was allowed to proceed.
Roach was the writer of many letters
for Burns and several months before
Burns's death he wrote q
in which deceased expressed great af-
lection for his Irish kindred and told
Lamb that all his property would be
left to him.
Roach testified that Burns cancelled
this letter and wrote another in it's
stead.
Attorney Coldwell received let
ter from an attorney at Dublin, repre-
senting Lamb, and wanted it
read in tho county court trial, but it
was excluded by Jud ge Harper.
An effort was made to introduce It at
this mornings session OF court, but it
met with strong opposition and when
court adjourned for dinner the argu.
mept concerning 1t was still at it's
height.
Immediately after court opened for
the afternoon session Alderman James
Clifford was called as q witness by
Lambs attorneys. His testimony was
most damaging to the other side; he
swore that Burns repeatedly declared
to him his intention to will his proper.
ty to his Irish relatives.
Burns told him just before he left
for Los Angeles, where he died, and af-
will was made, that his
property had been willed to Lamb and
family in Ireland and that they would
get it.
A letter was produced by Attorney
Coldwell and identified by Mr.. Clifford
1t was written by Clifford at Burns's
request to Lamb and was most affec-
tionate in its terms and requested
Lamb to look after their mothers
grave.
x On cross examination by Waters
Davis the witness maintained his posi-
ton,
A Nice Present