The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-05
SWEAR THEY DID NOT SIGN.
DIR. SMITHS THREE CHILDREN RE-
PUDIATE THE RECEIPT.
Deny That They Got Their share q
the Money which In Alleged to
Have Been Paid Into Court ~

Three of the children of DR.. II. A.
Smith testified yesterday afternoon before
Judge Moore that they had not signed the
document which is now part OF the fiies
OF the probate department of the superior
court, n which they appear as giving .
receipt for their shares of the $4,000 puE-
chase money Of the Smith property, sold
TO their father under an order OF the pro-
bate court.
Mrs. Lallahlume E. Linder, the oldest
daughter Of the aged pioneer. occupied
the witness stand during the entire morn
ing session. She swore positively that her
signature to the paper purporting to be
receipt for her share of the purchase
price Of the Smith property. situated at
the corner OF James street and Second
avenue, was a forgery. She likewise tes-
titled that the alleged signatures of her
sisters on the Document. were in ..er op.n-
ion. forgeries.
Besides Mrs. Under, Mss Lillian Smith
and Mrs. George Teaf, both daughters OF
the pioneer and beth plaintiffs in the ac-
ton, testified that they had received no
share whatever n the money which il is
alleged by the defense was paid by DR..
smith into court as the purchaser Of the
property. and which it is claimed was
distributed under the, order of The probate
court to the heirs of Mrs Smith. This
evidence was all OF the most positive
character. The presumption remaining is
that someone who was interested n the
transaction was guilty OF wholesale for
gerry. No accusation IS made in any OF
the pleadangs rejecting upon the honor
OF DR.. Smith. The pioneer himself, while
on the stand on Tuesday, swore that r.
IL. j. Pennefather attended TO the whole
proceedings in the probate court in which
an order was entered directing the sale OF
the property and the apportionment of the
purchase money among the children OF
Mrs. Smith.
Mrs. Linder, the eldest daughter of DR..
Smith. was placed on the stand in behalf
or tn plaintiffs upon the opening of the
court In the morning. Mrs Under testi-
ned at length concerning the ages OF the
children. and especially the dates of the
birth OF Ralph and Laurine, whose ages
are in dispute between the parties litigant.
Mrs. L.rder swore that the children trust
ed their father implicitly in all matters
OF business. He had charge of all of the
property interests of the family and the
daughters paid very little attention to any
business matter whatever.
The most important portion OF Mrs Lin
der's testimony was when she swore DOS
itively that she had never signed a re-
ceipt for money on account of the sale
OF her interest In the Smith property and
had not decided away that interest to any
one. The receipt. which Is on file in the
probate department of the superior court.
and which purports to be a full release
or the rights of the children of DR. Smith,
was handed to the witness and she swore
positively that her signature TO the docu-
ment was a forgery
Mrs L.nder made good witness. She
was emphatic and positive on all material
points. and appeared TO have a good reeoi-
lection of the events upon which hang
the issues in the case. Characterization
by the attorneys for the defense did not
weaken her testimony.
Mrs. Maud Team, wife of George Tear,
and Miss Lillian Smith. both daughters of
DR.. Smith, testified 10 the same purnort
and eifec. as their sister Miss Lillian
Smith, a handsome young girl, attired in
a becoming plaid shirt waist dark skirt
and straw hat, told the attorneys that size
had never received any sum whatever in
consideration of her interest in the prop-
erty left TO herself and her sisters by their
mother. Neither had she authorized any
one 10 receive the money for her. Sine
had signed no release or deed OF her rights
In the PREMISE
Miss Smiths face was suffused by a
becoming flush. due probably 70 the warm
afternoon and perhaps to the fact that
the witness stand was a strange place to
her. She said that the business affairs OF
the family were not often discussed By
her sisters, and that all OF the matters
pertaining to the property were left IN
the care Of the father Mss Smith bore
the Characterization well.
Mrs. III. Ash testified that she was n VS.
itor at DIR. Smiths house in the early
'1ls. and that she remembe red having seem
Ralph. the only son. at that time. Her
testimony corrobcrsted the contention of
the plaintiff that an error had been made
in the ages Of Ralph and Laurine. Mrs.
Ash was an unexpected witness. She read
the account OF the case in yesterdays
Post-Intelligencer. and then, recalling her
visit 10 the Smith household over quar-
ter OF century ago. made her way 10