El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-19

mans relatives be cut out of their in
heritsnce II he died In foreign lanc
on an ship board il the law prohibited
him from saying who were his rela
tives and did not accept his statement
rs q fact!'
The lawyer again turned to his books
and read n extract from one OF them
in rex ard to property willed to an At
torney by a client.
Sat no time was there q suspens lor
of the close relationship that existed
between Burns and Patterson.
A DUAL ROLE.
"Patterson had the power to punish
Burns's prostitutes. He was the city
recorder and had Jurisdiction Over
such cases. Had he done his duty as
city recorder there never would Eave
been any will contest. Burns made
him city recorder and he protected
/ Burns's interests. Patterson was
Burns's regular attorney; he was also
city recorder and as city recorder had
the power to make or break Burns.
Burps's attorney frat, city recorder
next, with the power to grind him
down.
cit would indeed be hard toimagine
a stronger relationship and yet the
law says, so long as that relationship
existed there could be no valid will
no matter if Wallace and Van Pat
ten are worthy of belief on oath.
Attorney Davis ridiculed the idea
that Van Patten and Wallace had any
interest in the will. From the
evidence that was introduced here l
am of the opinion that Patterson's and
Wsllsce's interests are identical.
Wallace estimated that his services to
Burns were worth $50 per month.
tell you Q portion of that estate was to
go to Wallace too. He isn't working
for nothing.
There has been no claim made that
the relationship as attorney and client
between the firm of Patterson and
Wallace and Burns was ever suspended
for q moment during all these years
and unless the business compact was
suspended there could be no valid will ;
also hear in mind that Burns was total
ly ignorant and could neither read nor
write. In dealing with an Ignorant
man there is a presumption OF fraud on
the part OF his attorneys in q case
like this and 1t ought to be clearly
and satisfactorily shown that Burns
was not imposed upon.
"Who saw him 60 into Wallace's Of
flee? Who saw him come out? Who
was present except Van Pstten, and
who Is Van Patten? There we're If
ty men within easy reach of that Of
flee whose regulations are absolutely
above reproach aud yet this man Van
Patten is called upon to witness an
instrument to deprive q mans natural
heirs OF their Inheritance"
The attorney read from q law book
and emphasized the words that there
are.alwsy grounds for suspicion where
the writer of a will has an interest in
the Inheritance.
Patterson could not be charged
with helping to frame this will. Wal
lace and Patterson are partners.
When Wallace wrote that will he
wrote it as much for himself as for
Patterson.
"The law says that when an attorney
makes q will for his client and il him.
self to be benefited by its provisions,
the act is to be regarded with deep
suspicion Of wrong. 1t does not say,
regarded with mere suspicion, but,
with deep suspicion. The very attor
ney who wrote this will was Pstter-
cons partner and had an interest of
$50 per month for many years services,
in 1t,
Opposing counsel tells your honor
that because Wallace went into the
bank with Burns and delivered the