El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-18
THE LAWYERS
TALK NOW
The Burns Will Case Has
BeensCIosed And
ARGUMENTS PROCEED

ARGUMENTS PROCEED
The Leading Attorney For the COntes
tee Says His Opponents Have Ut
terly Failed To Prove Their Plead
ings, Which Were Introduced Fol
the Purpose OF Injecting Othe1
Matters Into the Case.
When the district court opened q,
9 o'clock this morning the lawyers
were all on hand to the sminute and
each had his stack of law books with
him In readiness for the legal battle
which was about to begin.
After the opening of court Attorney
| Waters Davis announced that his wit
nesses had not shown up and that he
was ready to close the case, so far as
contestee Patterson was concerned
The court asked if the at
torneys desired that the time
fixed by him in advance. Attorney
Davis replied that he thought there
was no need of limit being made as
in his opinion two days would be ample
time for all the speakers to talk as long
as they wished. He then opened by
arguing the several points of law in
vOlved in the case aud from long line
of lawbooks covering the table in front
| OF him selected his authorities as re-
quired and read such as had a hearing
upon the points at issue.
Commencing his argument he said
that his side would rely upon several
nice points and proceeded to enumerate
| them.
One was that the pleadings were not
sufficient to create the impression of
fraud or that the Patterson will swss
other was that the plesdings claimed
mental disability and that testator
was not in sound mind when the will
WAS executed: while the pleadings, "
said the speaker, 'were sufficient to
raise such issue we contend that it is
not supported by the proof"
Another point was that contestant
evidence to show that Lamb was re-
lated TO Burns.
Attorney Davis then read from
many law books to- support his con-
tentions and occasoinally stopped
reading to make few remarks.
"One thing is pleaded and another
thing offered in proof" said the speak
er in regard to Burns's mental capa-
city.
''They plead mental Unexpectedly the
proof shows that he had q strong mind
up to the last. Neither is there proof
OF fraud. The purpose of their pecu-
liar pleadings in this case was to en-
able them to bring in other matters and
get them before the court for what
they might be WORTH"
In referring to some of the evidence
the lawyer said:
BURNS was a dive keeper; Patterson
held judicial position. Had Burns
told the public that he had made q
will In favor of Patterson Q great hue
and cry would have been raised about
the matter and Patterson would have
been bounded by the newspapers for
his connection with Burrs"
The attorney read decision refer
ring to public sentiment affecting the
decision of courts. The higher court
had held that while the judgment of
enlightened citizens was worthy of res
pect it should not affect the courts.
The lawyer insinuated that much
public interest ad been manifested in
regard to this case.
In reference to the sigpers of the
Patterson will the speaker said that
even If the court did believe they we're
unworthy OF belief on oath that did
not prevent them from signing the
will as provided by law.
what interest could Van
Patten have in the con-
traversy that would induce him
to lay himself liable to a term in the
penitentiary? Suppose the estate had
been divided among Patterson, Wal
lace, and Van Patten, would enough
with the case to reward Van Patten
and Wallace for the risk they took?
"If Wallace had forged this will
wouldn't he have had sense enough to
keep his mouth shut about it? Wouldn't
he have trembled every time old Jim
Burns's name was mentioned? Would
he have told any one about the will
until after Burns was dead? l say the
idea is preposterous and utterly incon-
sistent.
"Would he have gone into the bank
and delivered the will to Austin mark
ed Last will of James Burns,' and
Burns with him? No. he would not.
Austin would have made some remark
when he saw the writing on the en-
velope that would have created an ex-
plosiop.''
noon and court took a recess for din
ner.
AFTERNOON SESSION.
Senator Turney began to speak. His
argument WAS strong, and. as he
warmed up, his denuncistiou of the |
signers of the will, which was admitted
to probate by the county court, was
severe.
His speech lasted for two |
hours and the court room wss we'll |
filled with spectators during |
that time. The speaker de.
clared that counsel for contestee had |
attempted by a technicality to prevent |
Lamb from coming into court with his |
contest.
''No matter If the will is q forgery: