The record-union., 1899-10-13

/ The letter was ruled out, as were also
| three others, one written In 1890, two
in 1895, each receipting for stock and
other gifts.
| The witness said the financial condi-
ton in 1895 was about the
same as in 1879, when Amanda came
to California.
c. p. Berry, a farmer, who lives in
Wheatland testified that he knew JEFF
ferson Wilcoxson, prior to his death,
since 1860. He had known Amanda P.
Austin twelve or fifteen years. On two
or three occasions he had held conver-
sations with Jefferson Wilcoxson re-
specting the plaintiff. Five or six years
ago witness was in Wilcoxson's office
when Miss Austin came in. After she
left witness told Wilcoxson that Miss
Austin seemed to be looking after his
wants. Wilcoxson had replied that she
was very attentive. Witness had sug-
gested to Wilcoxson that he ought to do
something handsome for Miss Austin,
and Wilcoxson had replied that she
would be we'll provided for.
/ A motion that the evidence be
stricken out was denied.
t. H. Thomas of Wheatland testi-
1
coxson since 1854. He had talked with
Wilcoxson, prior to his death, concern
ing Miss Austin and his intention with
respect to her. Wilcoxson told witness
| that he had one of the best nurses in
the world; that Miss Austin was wor
rying about him, and that she would be
we'll provided for after his death. The
conversation occurred only a short
time before the deceased took to his
bed, and was held in the Capital Hotel
in this city.
/ On cross examination, witness said
Wilcoxson was about as shrewd bus
mess man as he had ever met. Wit
ness had only seen Miss Austin a few
times. Aside from this nothing new
was brought out.
Frank Leith of this city, had known
Jefferson and Miss Austin. He had
! frequently seen Wilcoxson and Miss
Austin together at the restaurant. The
latter attended to Mr. Wilcoxson at his
meals, and before his death she had
| carried his meals to him. About ten
years ago witness said he, Wilcoxson,
| had told him that Amanda was the
only girl he habitat she was the best
| relative he had. He said that in a
| conversation with Wilcoxson during the
| latter's last illness, he had told de-
ceased he felt sorry for Amanda, and
wanted to know why he did not allow
her to marry. Wilcoxson had replied
:. that she did not need a husband, that
he took care of her, and that when he
was gone she would be better provided
for than if she were married to any
| man.
On cross examination witness said
the conversation was held in his res
taurant, and that he had told nobody
about the matter except Judge Hughes,
that morning, but that he was served
with a subpoena some time ago. With
regard to the assistance rendered Will
coxson by Miss Austin, witness said he
had seen her cut his steak for him
when 1t happened to be tough. Mr..
| Johnson suggested that that was the
fault Of the witness, who conducted the
restaurant. Witness knew nothing of
the private affairs, trips, etc, of eth
er Mr.. Wilcoxson or Miss Austin. He
said he had questioned Wilcoxson about
Miss Austin because he thought such
a young woman would not want to care
for an old man.
A motion to strike out the evidence
was denied.a
Mrs. Lille Marsh was next called
She knew Jefferson Wilcoxson during
| his lifetime, and had known Miss Aus
tin for about thirteen years. She
used to visit Wilcoxson and Miss Aus
| tin. Once after the former had re-
turned from, the springs, he had told
witness that he could not get along
without Amanda. Again in the fall Of
1897, after Wilcoxson had been i'll, he
told her he was tired Of the hotel. She
had told him he would better go and
live with her. He inquired whether
she had a room for Amanda, saying
that where he went she would go. be-
cause he could not get along without
her. He had never said anything to
the witness concerning any remunera-
tion Amanda was to receive.
j. E. Simpson of Placer County, was
called. He had known Jefferson Will
coxson fifteen years, and was somewhat
acquainted with Miss Austin. Six or
seven years ago he had had a CONVEX
sation with Wilcoxson respecting Miss
Austin. AT that time Wilcoxson said
to him that Miss Austin was one of the
best women he had ever seen. Wit
ness asked Wllcoxson how much he paid
her. Wilcoxson asked witness how
much he ought to give her Witness
said he replied that, from what he
| (Wilcoxson) said, he ought to give her
So0G0O, and Wilcoxson replied: "She
will get more than that when I die"
On examination, witness said
| he did not claim relation with Miss
Austin, but that George Austin was his
| son-in-law. Witness could not rec
| ollect any particular persons he had
| met on the day Of his conversation
with WilcoXson, and was unable to fix.
| approximately, the date of the con-
| Versation Mr.. Johnson succeeded in
entangling the witness somewhat but
IN the main his evidence remained un-
changed, with the exception that Will
coxson had told him he could not get
along without Amanda, and that the
money she was to receive was in the
room at that time. Witness son-in-
law, it was ascertained, is Miss Aus
ulns brother. With relation to the
money TO be given to Miss Austin, the
testimony of the witness remained sub
stantially the same as he gave it on
| direct examination.
Jamima Witham was the next wit
ness. She had known Wilcoxson since
1884, and also knew Miss Austin and
Jackson Wilcoxson.
AT this point Mr.. Fulweiler's voice
failed him and a recess was taken un-
til III o'clock this morning