The herald., 1898-01-19
..No: I bonght come bank stock.' \

desired TO snow tne interest S1i I1uhtef
had in Mrs. Creede, but such testimony
was ruled out.
OFFER TO PAY OVER
Mr. Finlayson then asked permission
to file in the estate of N. c. Creede
formal offer on the part of Mrs. Creede
to pay in to the estate the sum of $780,
900, with per cent interest, less the
sum which the court might adjudge rea-
sonabe for her maintenance from Jan.
2, 1897. 1t was set forth that such
amount had been received as the "ad-
vancement" under the contract signed
when the contestant was distracted in
mind and under duress.
Strong objection was made to the
offer being received on the ground that
it was not a tender and not an offer to
rescind the contract.
The court held that he had no power
offer in the estate, it not being offered
in evidence in the case.
The defense have throughout con-
tended that the contestant could have no
standing in court until she had offered
70 refund the money received. The
filing of the offer yesterday in open
court overcame any technical objection
on that score.
Mr.. Finlayson then announced their
case as closed.
THE DEFENSE OPENS
For the defense Attorney John T.
Jones was the first witness put forward.
His connection with the whole matter
is somewhat complicated. He was at
torney for Creede during the latter's
lifetime, is executor under the will and
was appointed special administrator by
the court.
In epitomized form his statement was
as follows:
IT was present on Jan. 2, 1897, when
The contract was signed, President Ell
lott also being present, at the First Ma
tional bank / first talked with Mrs.
Creede regarding a settlement on Dec.
20, 1896. I called between 1 and o'clock.
I met her in the yard, she just having
got back from the city. She said she and
her husband were not getting on, and he
had talked about a settlement. l said
I was present for the purpose of arrang-
ing the matter. She said Creede ought
to give her $4,000 if she got up and got
out. I told her was only authorized to
offer $4,000. l saw her again on the
31st, by appointment, and had with me
the draft of a contract slightly different
to the one signed later. The one took
on the 31st had no reference to alimony,
and contained no reference to the child,
Dorothy. With those exceptions the
contracts were identical. She said to
me: You are Creede's lawyer. I'm not
going to sign anything until see my
lawyer. told her that was very proper,
and 1 left the contract with her. We
fixed the time that should call, between
2 and 8, and I then produced the con-
tract that is now in evidence.
AFRAID OF BEING BUNCOED
'T read and explained it fully, and she
said: If sign this, how am going to
get my money! 1 told her Creede would
give her his check for 10000, and she
knew his check was good. She said:
Yes, but what's the matter with his
going to the bank and stopping pay
ment?' 1t was then agreed that she
should call at my office, and we would
go over to the bank together, and then
she could sign the contract and she
would get her money. AT the bank she
inquired of Mr.. Elliott if Creede or Jones
could stop payment of the check. He
said no: that he couldn't give the money
in cash, as the vaults were closed but
he could give her a cashiers check.
"She was not crying as she came from
the bank. 1 handed her into the hack,
and she talked intelligently and ap-
peared rational. My recollection is that
the bank was all torn up, for repairs
were going on. Mrs. Creede said it was
a rough place to take a ll-dressed
lady into. Upon returning, 1 told the
hackman to drive her home, and she said
no, that she wanted to go to some millin-
cry store. retained the contract, and
she had no copy"
Reverting back to the time of the in
terview, Mr.. Jones said: when called
at the house young lady received me.
1 gave my name and told her 1 called
by appointment. Mrs. Creede came
down in a moment or two. never said 1
must see her at once, and nothing of the
kind took place. Mr.. Creede was not
present; he was upstairs in what was
known as his room. 1 went upstairs and
got the check signed, after making ar
rangements with Mrs. Creede to come to
the bank.
Il saw Mrs. Creede first on September
6, 1895, few days before the adoption
of the child, Dorothy" said Mr.. Jones, on
cross ss-examination. From that day un-
til December 20, 1896, had not spoken
to Mrs. Creede. I went to see her for
the purpose of arranging the details
of separation. When l mentioned the
matter to Mrs. Creede she understood
and was ready to talk upon the mat
ter, for it had been spoken of between
her and her husband prior to that time"
Continuing to recite all the details of
the conversation between Mrs. Creede
and himself, witness stated that the
lady was very anxious about the pay
ment of the money and met his sugges-
tion of check by the words:
II wouldn't trust Creede any farther
than I could see him, and 1 don't think
l would trust you many feet away with
$4,000 of my money"
The further hearing of the case will
be continued today.
New Suits Filed
Estate of William Bowen, deceased
Petition of Harriet A. Bowen for pro-
bate of will. The estate is valued at
$4,000.