El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-09-15
The Burns Will Case.

After the court finished with the wit
ness Van Pat;en, Barney Roach was
sworn. Roach testified that he had
been a com panion of the said Burns for
about thirty-five years, and that the
deceased had no relatives except a hall
brother, David Lamb, and family.
a letter was handed witness by At
torney Coldwell which was oil later
date Than the will offered for probate
by the plaintiff. Witness stated thai
he wrote il about the time OF the date
which IL bore. He said he believed
this letter was not mailed, but put
away in Mr. Burns's desk and another
letter written in place OF this. he
wrote the letter at Burps's dictation,
but after it was finished Burns claimed
that it was not right, and had him
write another letter.
Council for plaintiff objected to the
letter as evidence. Attorney Coldwell
gave testimony that the letter with
| other papers was received by him from
j. n. Dolan & Co. solicitors for Burns
half brother at Dublin, ireland, in re-
ply TO q letter he addressed to Lamb
and produced the envelope in which
the paper were received The court
ruled that as Burns had told witness to
put the letter aside IL was not admis-
sable as evidence. Attorney contend-
evidence TO show that the feelings Of
deceased had changed, and IL he hao
within a few moments experienced
such q change OF fee ings that 1t was
evidence of undue influence and that
his mind was not in condition to make
a will at that time, as the witness testi-
ied that the letter in question was
dictated by deceased.
The next witness sworn in the case
In nrA hn r. a
he had known Burns about eight or
nine years, and that Burns had told
MIN a good many times that when he
died he was going to give all OF his
effects to his half brother; that he in
tended to bring his half brother: to
America. Burns asked Clifford if he
would speak to some of the railroad
bosses and try and get his brother a
job with some of them. This was
some time ago. The last time had a
talk with MIR. Burns was some time
last fall, about October or November,
don't know which. 1t was the same
conversation: that Burns still said
be was going to leave his effects to his
half brother. Yes, he had told me this
a good many times before. This con-
versatiou in October or November was
the last time that l ever had a talk
with him while he was here. His
health was very poor. Yes, he drank
some and was very drunk once or twice
in my store, but was not SO the last
time he was in there, when he wss tell
ing me about his will" The witness
was asked II he knew who was Mr..
Burps's attorney and the answer was,
yes, he did, but didn't know how long
be had been. Was certain be had been
for a year previous to his (Burns's)
death. This was all that Mr.. Coldwell
wanted to ask the witness, and then
Mr.. Davis took up the matter for the
defense and crosseAamined the witness,
but the crossexamination failed to
bring out anything more than above.
At five o'clock the court adjourned
until nine O'Clock this n ornipg.
Court met this morning at 3 O'Clock
and the first witness sworn was Rich
ard Keays who testified that six or sew
en- months ago Burns owed him q small
bill. Burns sent for him to come to his
room, and thereupon stated that he
had left the bill unpaid as he had
bought some property which had used
up his ready money, but he had left his
business all in tho hands of j. J. Tay-
Tor who would pay the bill in due time.
Burns stated among other things that
he had made q will which was in the
hands of Mr.. Taylor in which he bad
left to bis half brother, Daniel Lamb,
and family, ell of his property. The
court then excused Kesys.
ElGeo. de Fontsine stated that he had
two conversations with Burns concern
ing the disposition of his property and
in both instances he statedthst he had
left the property to relatives In Ire
land. The latter conversation was in
February, 1898.
Thos. Rowe told the court that he
was in company with Burns last jan
usry, when J. j. Taylor came into
Burns's rooms. Burns gave Taylor
CHARGE of his property. In doing so he
gave Mr.. Taylor, among other papers,
document which he said was a will
conveying TO his step brother his prop
erty in case of his (Burns'sl death.
The contestants here rested their
case.
Judge Falvsy was then called and