The herald., 1898-01-15
AN ODD CASE
Mrs. Creede Leaves the
Court Room Ill
THE DISPUTED CONTRACT
SHE ALSO CLAIMED TO GUARD
BABY DOROTHY
Doctors Provoke Warfare-Mr. Gage
Takes No Stock in the Brains
Automatically Working

AS the contestant of the Creede vii
approaches the end Of her case-that is
this preliminary case, for the provin;
of the invahdity of the contract is neces
sary before the main contest over TIL
validity of the will can be begun-th
evidence has become largely corrobora
tive and scrappy, with a notable ex
ception, however, In the expert testi
mony.
Amid the conflict of the attorneys, tht
puzzlement of witnesses, the general in
terest of the onlookers. Judge Clarl
maintains Sphinx like attitude. While
the court generally contrives to concea
any leaning it may have one way or an
other, from the rulings or a casual re-
.mark, shrewd observer may generally
hazard a guess that will prove approx
mately correct. But Judge Clark raps
counsel on either side over the knuckles
with absolute impartiality, and wears a
mask that absolutely hides the bias OF
mind, one way or the other, which may
have been occasioned by the testimony
submitted so far.
One side of the story has been heard
and on the showing made it would ap-
pear as if the much discussed contract
Ewould be knocked out. Remembering
fthat Mrs. Creede was the wife of a
livery wealthy man, that as such her sta
ktion in life was established, and that un
kder the law she had interest in it, it ap-
pears something only short of marvellous
that she should by contract give away
so very much for so very little. The
contract itself was as follows:
This is to witness: That in considera-
ton of the sum of $4,000, to me in hand paid
Fby n. C. Creede, the receipt whereof is
hereby acknowledged, hereby release the
,said n. c. Creede from all obligations or
liabilities, of every name, nature, or de-
iscription to either provide for my support
and maintenance, or from any inheritance
I might have from his estate in case of
his DEATH and after this date l shall have
no claim on him for any purpose whatever;
this being intended as full and complete
settlement of all property interests be-
tween the said n. C. Creede and myself,
and in full for any alimony that might un-
der any circumstances be asked for or
allowed by myself or by any court.
And the care, custody and control Of
Dorothy Hit Creede, our adopted daugh-
ter, is hereby given to the said n. G.
Creede, and l agree that 1 will not inter-
fere in any manner with his care, control
or custody Of said adopted child.
'In witness whereof. 1 have hereunto
set my hand and seal, this I'd day of jan
uary, 1897. LOUISA CREEDE.
witness: ]. NJ. Elliott John T. Jones'"
This document was subscribed to-not
by Mrs. Creede in person, but by Mr..
Jones. Creede's attorney, by making at
fidavit before his own law partner, who
is notary public.
1t will be noted that the contract or
agreement is of the variety that has no
specific appellation in law, but that In
popular parlance is Of the lead pipe
cinch' brand. To give 1t additional
binding force and for another reason to
be referred to, 1t was reinforced by
deed that-taken in connection with the
agreement-left the wife divested of
every vestige of right, title or interest
in the estate of her husband, to which, as
his wife, she had valid claim, and left
her absolutely pennlless, aside from the
$4,000 paid over to her. A very hand
some birthright. surely, to go for mess
of monetary pottage. The mere fact,
however, of a deed having been obtained
from Mrs. Creede, it is contended by the
contestants counsel, goes to sustain
their claim that there actually was
partnership between Creede and his wife
previous to their marriage, and the deed
was made necessary to release Creede
from responsibility on that score.
One other point is worthy of note in
the contract, and that is that in making
mention of Baby Dorothy she is referred
to as "our" adopted daughter. AS a
matter of fact, Creede only adopted Dor
othy as his daughter and Mrs. Creede
gave her signed consent to his doing so.
But as other phases of the case devel-
op it is quite possible that some interest
ing facts may be developed along this
line, for it is understood that the claim
is made that when Mrs. Creede signed
the document giving her consent to her
husbands adopting baby Dorothy she
was under the impression, and it was so
represented to her, that she was signing
papers of adoption in which she with
her husband figured in loco PARENTS to
the baby girl. With all these facts in
mind, some of the references made in
certain of the letters submitted in evil
dence yesterday are more easily under
stood.
THE CONTESTANT INDISPOSED
Upon court convening at 10 o'clock
Mrs. Creede was recalled by the pro-
ponents of the will for the purpose of
answering certain questions put by Mr..
Gage which struck at the very root of
the controversy regarding the validity
of the contract.
"You had been contending with Mr..
Creede for 900 instead of $2O, 900, had
YOU not" inquired Mr. Gage.
after l had already signed the con-
tract l asked him for that" was the an
Swer.
But hadn't you talked with him be-
fore about it,
"No, never talked with him about it
until afterwards"
"And did you never ask Creede or
Jones for more than $2O,O0O?" persisted
counsel.
81 don't think I ever asked Jones for
l told Creede that was going
away next day and asked what good
$4,000 would do me; ! couldn't buy
home with it. He said he would give mo
more by and by. But l had signed the
contract when l had that conversation
on the Sunday.
"You spoke of Hunter as having been
the confidential agent of Creede: is thai
one of your letters to him?" Submitting
letter.
yes. SIR
In the letter Mrs. Creede referred to