The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-11-09
ARGUING THE AUSTIN CASE.
FIFTEEN HOURS ALLOWED BY
THE COURT.
To-Morrow Noon Will Probably
Witness the Conclusion of
the Case.

At - o'clock noon yesterday the last
scrap of evidence in the noted Austin
Wilcoxson case was all in. and both
sides rested. Judge Ellison limited the
arguments to seven and one-half hours
on each side, and the afternoon session
was consumed by Attorney F'ulweiler in
his opening
Judge Ellison announced that he had
made careful examination of the law
with respect to the evidence given
Tuesday afternoon by Miss Austin, to
the effect that she had found the floor
three days after his death, Uttered with
torn letters, and that the stove was
full of them, and that he had arrived
at the conclusion that it was immateriaI
and should not have been admitted.
If allowed to go in it would, he thought,
be stricken, out by the Supreme Court,
if the case was carried up. He there
fore ordered the testimony referred to
stricken out.
Attorney Grove ]. Johnson said he
was surprised at the ruling. Miss Aus
tins testimony, he said, was offered as
confederation of that given by Leonard
Estis and others, that Jefferson Will
coxson left in the safe letter which
showed conclusively that the money
therein was intended for Amanda Aus
tin. Former evidence had shown that
Mr.. Wilcoxson fixed the value of
plaintiffs services at $150,0OO, and it
would be commended by the plaintiff that
James M. Wilcoxson had destroyed the
letter left in the safe for Miss Austin
by Jefferson Wilcoxson. The plaintiff,
he said, firmly believed, and was at
tempting to prove, thar the letter al
legged to have been left in the safe was
destroyed by James M. Wilcoxson for
the purpose of defrauding the plaintiff
Judge Ellison, however, allowed his
ruling to stand, and the testimony was
stricken out
Robert Helms of this city was next
an art studio in the Odd Fellows
building near the one conducted by
Miss Austin During those years Miss
Austin was seldom in her studio.
Plaintiffs attorneys offered in evil
dence all of the deposition of the wit
ness Leonard Estes. An objection to
the admission. was sustained.
Plaintiffs attorneys offered in evil
dence a. number of letters written by
Jefferson Wilcoxson to Miss Austin.
They were admitted
Certain pages of the ledger of Jeffer-
son Wilcoxson, showing expenditures
and receipts, were offered for the pur-
pose of showing that it was his habit.
as business man, to keep track of all
receipts and disbursements not with
the expectation of being repaid for out
lays, but for the purpose of striking a
balance at the end Of each year An
objection to the admission of the ac-
count was sustained.
Certain questions and answers Of the
deposition of Leonard Estes were Of
fered and admitted in evidence
E. D. Shirland of this city was called,
and by him the plaintiffs attorneys Of
fered to prove that Jefferson Wilcoxson
had said to him that he had sent East
for Miss Austin; that he wanted her
for himself, and that he intended to pay
her well for her services.
With this witness the plaintiff rested
Mrs. Jennie Brown was called by the
keeper for Jefferson Wilcoxson when
he lived on his Yolo County ranch. Wit
ness was i'll with pneumonia at one
time while working there. and said that
while i'll she hired Mary Sweeney to do
her work for ten days. Two wit
nesses for the plaintiff had testified that
Mary Sweeney had worked at the
ranch only one day.
Witness said she had held a CONVEX
Sation with Mrs. James FariS and Miss