The record-union., 1899-11-04


also had torn up any of the papers.
Witness identified the handwriting on
a piece Of envelope, shown him by At
torney Grove L. johnson, as having
been written by decedent He did not
recollect whether the letters and papers
were torn up before or after the ap
praisers had been to the office. he
thought he had torn them up after the
will was read He looked at all OF the
papers he tore up, and said he nau
no intention of destroying anything val
liable. He and George H. Wllcoxson
looked at the papers, and he thougnt'
they consulted about some OF them De-
fore they were torn up.
Witness said he had acted on his own
responsibility when he tore up the pa
pers, and when George H. Wilcoxson
suggested that he ought not to destroy
them he told him they were Of no ac-
cOunt-that they were worthless. he
was assisting George H. Wilcoxson, and
tore up such papers as he thought
would be useless to- those interested.
Witness said he thought very little
about the business while he was en-
gagged in destroying the papers-that ne
just tore up those he thought would De
worthless. Grove l.. Johnson asked
witness If anybody in the world knew
what were in the letters torn up, ana
the witness replied: "I don't know what
was in them myself" One letter he
had discussed with his cousin and with
Judge Hughes. 1t referred to a young
lady, who since the writing of the let
| ter had married, and he consulted with
| ~ I, M
be destroyed He could not remember
whether or not they had decided to de-
stroy the letter. He had consulted
with Judge Hughes about no other let
ter, and had not consulted with George
H. Wilcoxson about tearing up papers,
but did it on his own responsibility.
Witness said he thought he had not
destroyed any of Jefferson Wilcoxson 8
papers before the latter's death, and
thought he had torn up none before the
funeral. He thought he had torn up
no papers before the will was read, and
was pretty certain that he had not as
sisted George H. Wilcoxson in examin-
ing the papers until after the funeral.
Charles F. Dillman was recalled and
identified draft for $755.55, and a
certificate of deposit for $602.55 which
were indorsed by and paid to Amanda
P. Austin, and which had been signed
over to her by Jefferson Wilcoxson.
Attorney Seymour, for the. defense.
offered in evidence an item from Jeffer-
son Wilcoxson's diary made May Z1'
1885, to the effect that decedent on that
day handed to plaintiff a draft for
S755.55 on the National Bank of D. 0.
Mills & Co.
Attorney Grove L. Johnson objected
to the admission, and cited a number
of authorities.
Attorney Seymour said the offer was
made for the purpose Of showing that
the two certificates were those referred
to by Miss Austin in her letter written
to Mr.. Wilcoxson on May "A, 1898, III
which she acknowledged the receipt OF
two checks, and informed decedent that
she desired to place the aggregate SUN
in the Peoples Savings Bank.
The objection was overruled and the
item from the diary and the draft and
: certificate of deposit were admitted.
The inventory and appraisement G.
the estate of jefferson Wilcoxson, de-
ceased, was admitted in evidence with
out objection.
The deposition Of James ]. Richard
son of Howard County, Mo-, was read.
Deponent visited California in 1896, and
stayed about eleven months. He saw
much of Jefferson Wilcoxson while
here and spent five weeks with him on
camping trip in the mountains. Mr..
Wilcoxson appeared sprightly ana
roughed it as did the rest of the party.
| Miss Austin was along. but deponent
did not notice that she attended on JEFF
ferson Wilcoxson. After the trip to
the mountains Mr.. Wilcoxson went to
Mount Shasta with Mr.. Stovall. Miss
Austin wanted to go with him, but he
would not allow it, giving as a reason
that it might not be suitable place
for ladies.
At this point recess was taken until
| 10 o'clock this morning.