El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-09-19
The Burns Will Case.

In the Burns will case SATURDAY. af-
ternoon the first witness called was H.
r. Wood, who testified that the repu-
tation of Chss. Patterson for truth and
veracity was bad. Witness stood a
severe cross examination as to how his
opinion was formed, and declared that
upon matter which Mr.. Patterson wa
interested in he would not believe
him upon oath. although he might be
well posted in the matter. If disinter-
ested, however, and well posted, he
would believe him on oath. Witness
also testified that the reputation of
George E. Wallace for truth and verac-
ity was bad in the community, and
that he was rot worthy of belief under
oath, where interested.
Horace b. Stevens was the next wit
ness, and testified uthat the reputation
OF Mr.. Patterson for truth and veracity
was bad in this community. Upon
crOss-eXamination the witness would
not state the names of the
parties who had told him that
Patterson was not worthy of belief
although threatened by the court with
punishment for contempt, and refused
to divulge the names, stating that he
would take the penalty of such refusal.
He was excused from testifying further
in the case.
j. B. Wilcox was then sworn, and
testified that in conversation with
Burns two days before he left the city,
Burns told him that his property would
go to his step-brother.
William Allen, who has been Burns's
rent collector for over two years, stated
that Burns often spoke to him of his
half-brother and two nieces in ireland,
whom he expected to have his proper
ty. He stated that only day before
Burns left the city, he tBurns) gave
MIN his watch and chain and the pic
lures of his nieces, which
ne stated were to be given to the FAM
lily, on their arrival here. to take
charge Of the property. Witness stat
ed that Burns often stated to him that
property; that he had left all his papers
with J. j. Taylor, who was to manage
his affairs and look after everything.
The next witness put on the stand
was n. b. Solomon. who testified that
be had been in Ell Paso off and on since
1869, when he drove the paymaster's
wagon for the government He said
that he was working in that capacity
until 1872: then he went to Galve ston
and went to tending bar; then to Hous-
ton and other points in state for the
same business. He came back to
Ell Paso last March, and went to tend
ing bar at the Red Light little time
after he came, and was there until
about the last of April. Every day
Mr.. Burns would come over from his
room and sit on the shady eide of the
building on the sidewalk, and while
there would drink his milk which he,
Solomon, kept on the ice for Burns. SIT
was one day during one of these visits
that Burns said to me, Well. don't
believe | am going to live long, and l
said to him. We'll, somebody will be
better off, and he said yes, that he
had left his property to Charlie Pat
tersoD." The witness said he didn't
know Patterson then.
Court met this morning at 9 O'Clock
and Attorney Coldwell had N. B. Solo
mon before the bar of the court to see
if the court would not permit the wit
cess to De recalled by the state,
but as the court thought the
witness had been finished with
and that Attorney Coldwell wanted TO
recall witness because he had received
Information in regard to Mr.. Solomon's
having been to the peuitentisry, after
tie witness had been excused on Satur-
day afternoon, the court said that it
would not recall the witness unless he
was recalled as witness
of Mr.. Coldwel Mr.. Coldwell then
told the court that he wanted to
resume the cross-examination because
he had received information that the
witness had been convicted of felony
and was sent to the penitentiary. Here
the witness, who was waiting to be
told what to do, unnecessarily, without
being called on, said: Eyes, l was con-
victed." Judge Stanton, one of the at-
torneys for the plaintiff,
said to Solomon, shut up
and cit Gown" That seemed
to be all that Attorney COldwell want
ed, 80 after the expression of Solomon,
he told the court that the case for the
contestant was closed. At $50 the ar
gument of the case was taken up by
MIR Davis. He was followed by Mr..
Coldwell. The court hopes to finish
the case today.
The reporter was informed by the at
torneys for both sides that the SUPPOSE
ton was that whichever side was given
the decision the other side would ap-
peal the case TO the district court, so
the chances are that the people of Ell
Paso will have a famous case to watch