El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-09-15

testified to the will offered for probate
as having been in his safe. He said
the envelopes contsining same were
opened by him. He testified to the
marks upon the envelopes presented in
court as being the same as those upon
the envelopes he opened.
W. 81. Austin testified that Jas.
Burns aud Geo Wallace came into the
Newman bank on July 9th, 1897, and
deposited with him brown envelope
aud contents which Burns stated was to
be delivered to Wallace at any time he
called for same. He also testified to
the envelope being the same a.
the inside envelope to which
Judge Falvey testified. He fur
Their testified that Wallace came
and got the envelope and con tents. AT
ter Burns's death witness asked Wal
lace what he had done with The paper
and Wallace replied that it was in
Judge Falvey's safe. The witness then
went up to Judge Falvey's Office and
was shown the will. as the judge had
opene the envelope.
Geo. Wallace was the next witness
on the stand He testified that be was
partner of Chss. Patterson in the law
business; that Burns came to their
office about eleven O'Clock, July 24th,
1897, and said that he wanted to change
us Will, ta6I otOCEcOh bdo
been his devoted friend and as his kim
folks in Ireland had not treat
ed him right he wished to
will his property to Patterson. AT
ter discussing the prelimiuaries the
witness set about to write the will in
accordance with Burns's request.
When about a third completed Van
Patten came in and witness stated to
Burns that they would have to have
oh 10
said, ''All right, Van Patten will make
a good witness" After the will was
finished he read it to Burns and Burns
said that was what he wanted. Wit
ness then went out of the room for a
few moments and when he returned he
signed the will for Burns, the latter
touching the pen when he maze the
mark for his signature. He also sign
ed as q witness and Van Pstten did the
same, after which witness locked the
will up in q drawer. When Pat
terson came in he told him about the
will, and Patterson said that the
will must not remain in their posses
sion, but be given back to Burns for
disposition. This was on Saturday.
On Tuesday he saw Burns and they
agreed that the will should be left in
Newman's bank: they went togetb err
and gave the will, in sealed
envelope, into the possession OF w.
HI. Austin with instructions from
Burns that Wallace should have the
possession of the ssme whenever he
wanted it. Some time after this Mr.
Davis, for the firm of Falvey & Davis,
stated that they had lately put in new
safe, in which there was plenty of room
for any papers that he might have
that he would like to place
there for safe keeping. Shortly
afterwards he went to Mr.. Austin and
got the will and placed same in Pat
Jerson and Wallace envelope, on which
he wrote property of George f. Wal
lace" Witness was not in the city
when the news of Burns's death reach
ed Ell Paso. and when he returned
about ten days afterwards the envelope
had been opened.
The court then took recess until
p. m.
The county court met again at two
o'clock aud Geo. f.. Wallace again
took the witness stand aud a rigid
crossexamination was given him by
Attorney Coldwell. The only matter
of interest which was brought out in
the crossexsmination was about Mr..
Wallace having informed his client,
while he was making the first will, that
the will was so worded that il would
not be likely to stand in d contesting
trial. Up to the time of going to press
Mr.. Wallace was still on the stand.