The record-union., 1899-10-26
CAN HAVE NO CONTINUANCE.
PLAINTIFF WILL LACK MRS,
SToVALL'S DEPOSITION.
More Evidence Yesterday in the
Austin-Wilcoxson
Case.

morning in the Austin-W -Wilcoxson case'
Judge Ellison decided that no expert
evidence as to the value of plaintlft
services, but that testimony as to the
nature of the service was admission,
and he would receive it, but that the
fixing of the value of such service lay
with the court alone and that no oplh-
ion of any witness could be allowed 10
take the place of the judgment or the
court.
An argument arose upon a request by
plaintiffs counsel for continuance Tor
the procuring of a deposition Of Mrs
j. G. StoVall, on the ground that tney
had confidently expected her present to
testify, but she was absent and living
without the county, she could not be
compelled to appear. Defendants 5
counsel objected on the ground of de-
lay, and that the defendant and all his
counsel had a right to be present at
the taking of the deposition.
The court stated that the motion
would be decided after the noon re-
cess.
DR.. P. Austin was recalled for fur
ther cross-examination, and asked in
relation to his partially paying MS
daughters expenses while at the art
school. He said he knew that a Joung
girl had uses for money; he wanted her
to feel that she need not ask any one
for it. He wrote to Mr. Wilcoxson, he
thought, that his relatives were making
war on Amanda because he (Wico1-
I,of. hlr a
share with them, and that if Amanda
was in his way to send her hom4. lie
never had any answer. He could not
recollect having said some things that
appear in his deposition Many ques-
tions were asked most of the morn
ing being consumed, but he had no rec
objection concerning most of them. He
did not know of any ones making any
memorandum of the letter in Whlch
Amanda was sent for by Uncle Jeft
Hugh M LaRue testified that he
called on Jefferson Wilcoxson during
his last illness, at the Capital Hotel.
Miss Austin left the room to get some
thing for Mr.. WilcoXson at his request
During her absence WilcoXson said that
he did not know how he could get along
without Amanda, as she did so much
for him.
Mrs. Mary Denver testified that she
had known Wilcoxson all her life. She
called to see him in 1897, and during
the conversation he said he would not
live long. Witness told him she hoped
he would fix his affairs SO that there
would be no trouble among his rela-
tives. He replied that he had every
thing fixed; that Amanda was his "a
vorite niece. and he should leave her
the bulk Of his fortune. Witness said
she hoped he had fixed it SO that
Amanda could get it easily, and he re-
piled that it was in money. When
Amanda first came out he told witness
he wanted her to meet Amanda, as she
did so much for him. When she saw
him in 1897 he said he would not be
alive if it had not been for Amanda
, She had never seen Miss Austin but
once or twice.
Ashley r. Fall was at the hotel where
Mr. Wilcoxson and Miss Austin were
sstaang at Bartlett Springs. He no
ticed that Mr.. Wilcoxson depended
greatly on the care of Miss Austin,
who was very attentive to him he
gave some instances of her solicitude
and kindness to him. He had never
meet them before. There was another
young lady with them.
In the afternoon Judge Ellison de-
MED the motion to vacate the order
shortening the time.
DR.. w A Briggs testified to attend
ing NJ Wilcoxson during his illness
Miss Austin was in attendance on him.
and was very attentive to him and So
licitous for his comfort. There was
also professional nurse in attendance
and also some other of WilcoXson
relatives, but he did not know that
they were attending him. Mr.. Wilcox
son never spoke to witness about Miss
Austin.
G. f. Wilcoxson, distant cousin of
Jefferson. said he had numerous con-
versations with the latter. Three or
four years ago they We're at Sulphur
Springs together. At that time, While
they were taking a walk, he told wit
ness he wished that the accommoda-
tions were better, so that he could have
Amanda with him. Witness said that
he ought to provide well for Amanda
for she had done all for him that a wife
or a daughter could. Jefferson an
swered that he had or would provide
for her literally so that she should new
er suffer He did not say how much
and witness did not ask. They mad
other conversations on the subject, and
Jefferson said he did not know how he
would get along without Amanda. He
said he had transferred some bank
stock. witness thought about $1,000, tc
her. but witness did not remember OF
anything more.
Mrs. c. F. Wilcoxson testified that
Jefferson spoke highly of Amanda
care Of him during his sickness.
Miss Amy Dyke testified that in con
versation with Mr. Wilcoxson as they
were walking to the spring one morn
ing he said he was a very wealthy man
worth perhaps $3,000,000. as he did
not know how much his land was
worth. He said he hoped there would
be no fighting over his estate when h
was gone He had divided it as equally
as possible among his nephews anc
nieces. He said Miss Austin was al
that time wealthy woman and would
have more. His brother Jackson, hac
left her money and with what he woult
leave her she would be very wealthy
He had sent to the East for her to take