The record-union., 1899-11-05

ten and signed by DR.. Austin in Janu-
ary, 1885, and which on his direct ex-
animation he said looked very much
like a forgery, was admitted In evil
dence. The defense making the offer be-
cause in his deposition which had been
admitted in evidence DR.. Austin admit
ted that the letter was written by him.
Extracts from the deposition Of O. >.
Todd We're also admitted in evidence.
c. H. Holmes of this city, who some
time after July, 1893, was Secretary OF
the Odd Fellows Association, was next
called, and identified the books of the
association and those particular items
referring to rent paid by Miss Austin
for her studio room in the Odd Fell
lows building at Ninth and X streets.
Clinton L. White, one of the attorneys
for the defense, was next called. He
testified that after the first demand
made by the plaintiff on the executor
of the estate he wrote a letter to her.
The letter was admitted in evidence,
and was to the effect that the claim
which was for $45, 900 for services rem
dered as per alleged contract, could not
be allowed, if the statute of limitation
had run against the alleged contract,
nor without the claimant could produce
vouchers, proofs, ETC., showing the
value of her services to have been equal
to the sum demanded.
The witness said that neither proofs
nor vouchers were sent to him by Miss
Austin, but admitted on cros-examina-
tion that she had replied to his COM
munication. The letter in reply was
read In it the plaintiff held that the
statute of limitation did not begin to
run until after the death of Jefferson
Wilcoxson. It further set forth the
principal grounds of action on which
the suit was finally based, including the
alleged contract letter written by JEFF
ferson Wilcoxson, and the proofs she
expected to make
Witness said he heard nothing more
from Miss Austin until he received her
amended claim, which was for $4,000.
Witness said he had also written to
Miss Austin informing her that a let
ter addressed to her, and containing
1000 shares of the Excelsior Drift Gold
Mining Company, had been found, and
that the shares would be turned over to
her on her applying for them.
A stipulation was made permitting
before mentioned to go in indepedent of
any letters which had been read or
referred to.
1t was stipulated that the cross-ex-
animation of James Richardson be
considered as read. and the defense
| rested.
EVIDENCE IN REBUTTAL.
Witnesses were next called by the
plaintiff to testify concerning the good
character of Leonard Estes and E. A.
Davis, whose regulations had been as
sailed by impeaching witnesses.
b. F. Mitchell, a stage driver of
Williams, Colusa County, testified that
the reputation of E. A. Davis for truth,
honesty and integrity, was good.
Cross-examined, witness said he had
never heard Davis neighbors speak of
his reputation. He merely knew Davis,
and knew him to be an honest man.
He based his opinion on the fact that
he had never heard Davis reputation
discussed Witness had lent Davis money
and the latter had always paid it back
B. H. Peters, a blacksmith of Will
Jams, said Davis general reputation
for truth, honesty and integrity was
good. Cross-examined, witness said
he had never heard the people of Sui
phur Creek discuss Davis character,
but that for the last ten or twelve years
the latter had lived in the vicinity of
Williams, witness home
A. J. Smith of Williams also testi-
fled that the reputation Of Davis was
good.
L. D. Lane, also of Willows testified
that Davis reputation was good. iWt-
ness never heard Davis reputation dis
cussed at Sulphur Creek, nor anywhere
else, but had never heard anybody say
anything against him.
T. H. Harlan of Venado. Colusa Coun-
ty, said Davis general reputation was
good. He was the last of the five wit
nesses (the limit fixed by the court) call
ed by the plaintiff to testify concerning
the reputation of Davis.
Then the five witnesses subpenaed to
testify concerning the general reputa-
ton for truth, honesty and integrity
of the witness, Leonard Estes. were
called. They were w. NJ Cherry, miner
and prospector of Sulphur Creek; T. z.
Stockford. blacksmith, storekeeper and
hotel keeper of Leesville; James A.
Keegan, farmer, of Bear Valley; Will
lam Flynn, farmer, of Williams, and
Gordon Nordyke, farmer of Bear VAL
ley. They testified that Estes general
reputation was good. Most of them
had heard Estes character discussed
very little before the trial commenced.
and based their testimony on the fact
that had anything bad been said about
Estes they would have heard it,
At 12:40 o'clock, a recess was taken,
so far as the case on trial was concern
ed, until Tuesday at 10 o'clock a. m. The
citations issued for the appearance of
DR.. G. B. n. Glow of this city and TIL
den Jones of Williams, Colusa County,
to show cause why they We're not in
contempt for alleged attempts, by the
former, to induce Mrs. G.. w. Jackson
of this city to make her evidence for
the plaintiff less positive, by the latter
to induce E. A. Davis, by the offer. of
S1,0U0, to leave the State until after
the trial, were made returnable to-mor-
row morning at 10 o'clock They will
be taken up at that time, and If the
hearing is not concluded on Monday. 1t
will be continued until after the conclu-
rxf< = H.