The Providence news. (Providence [R.I.]) 1891-1906, 1899-11-16
SOUND IN MIND,
SAY WITNESSES
More Testimony In Case TO Set
Aside Mrs. JOhnSOn'S Deed.
WHY THE TRANSFER WAS MADE
Mrs. Booth Says Mrs. Johnson Promised
Property In Return for a Home.
TESTAT0R WAS NOT lLLITERATE.
Vas Abe 10 and Old WrEs Letters Explanation
Of Why Tho Desd and Order on Bank
Mere Signed BY Cross.
Mrs. Booth Says Mrs. Johnson Promised
Property In Return for a Home.
TESTAT0R WAS NOT ILLITERATE.

In the appellate court today the hear
| ing OF the equity case OF Benjamin X.
Smith and others VS.. William a. Booth
and Harriet a. Booth of Woonsocket
was continued. The complainants seek
10 set aside a deed made by Mrs. Har-
riet c. Johnson OF land and improve
ments on Almy street i'm this city worth
between $4,000 and $4,000 on the ground
that when Mrs. Johnson made the deed
she was not Of sound and dlsposlng
mind. The complainants also claim that
the defendants should account for $4,000
drawn from the bank on the order OBJ
tained from Mrs. Johnson when her
mind was weak. The Booths say Mrs.
JOhnson's mind was all right when she
made the deed and order.
The testimony in the case was all in
shortly before | y. IN. and Mr.. France
made the argument for the defendants
and Irving Champln the argument for
the complainants.
CAREFUL ABOUT MONEY.
Bessie L. Kenyon testified Mrs. John
son was careful about money. Never
saw $40 or $40 bills lying about the
house. Witness heard about the black
eye incident at W0Onsocket. but did
not know the particulars.
on cross examination witness said
liltIe WIS iluCH Improvement III TIC
condition. Of Mrs. Johnson's right side
before -she-Ment- -Wonnsocket.- This
witness said she paid the grocery bills.
During part of the time Mrs. Collins,
long "a nousekeeper for Mrs. Johnson,
was there. Mrs Collins dropped dead
at Mrs. Johnson's home. Witness would
not want Mrs. Johnson TO manage Wit
ness Gffairs. Stfll witness thought de-
ceased capable Of making a deed.
Miss Harriet A. Boofh- a niece of
the testaror. testified Mrs. Johnson
was constant visitor to witness
home. Mr.. Johnson when he died left
all his property To Mrs. Johnson and
she settled the estate. Deceased. Mrs.
Johnson, was not a fluent writer, but
she was a constant one. None or the
letters were over four lines long. on
one visit TO her aunt witness said she
was told Mary Johnson tried 10 make
trouble between witness and her aunt.
Mrs Booth said neither she nor her
children were ever saucy to witness
aunt Harriet.
Mr.. France introduced letters from
Mrs. Johnson TO Mrs Booth TO SHOW
requests on the part of the former
for the latter to visit her.
PROMISED HER PROPERTY.
Mrs. Booth went to Providence after
the death OF MRS. Johnson's house
keeper Mrs Collins, and Mrs. Johnson
said she was going to make a change.
This was in April, 1897. Mrs. Booth
said she told her husband Mrs. john
son would like to come to WoonsOcket.
Witnesswent to Providence agan in
July and after long conference with
NJ Booth Mrs. Johnson said she would
give all her property to Mrs. Booth 10 do
took care of .Ier. Mrs. Johnson was
brought to Woonsocket in a hack and
stood the journey well.
After being in Woonsocket a short
time Mrs Johnson said il would be her
last home in this world and she would
all her property TO Mrs. Booth to do
what she or her husband wished TO 40
with it, Mrs. <snson had always
been very kinu 40 the children of wit
ness and once expressed a desire to
adopt her eldest daughter Mrs John
son made the dee when her mind was
clear and the order on the bank was
-asifeti 1t44tt Tire order of deceased In re-
gard to the distribution OF the money
were carried out
on cross examination witness said
the only letters sent by Mrs. johnson
that had been preserved were those
that had bees introduced by Mr..
France. Mrs. Booth denied specid-
caIly every statement made by wit
nesses yesterday to the effect that she
ever had any ocouble with Mrs. John
son. Mrs. Booth knew nothing OF the
black eye incident According 10 Mrs
Booth, Mrs. Johnson had a great love
for Ethel Booth.
WHY MARK WAS MADE.
Mrs. Booth denied the statements OF
Witness Wilder about Mrs Johnson's s
paying 81 a week board. When Mrs.
Johnson had a talk with Mr.. Booth she
said that If he took her to his home he
would never be sorry The reason Mrs.
Johns )n made her mark TO the order
for money ON the bank instead Of writ
.Ds her name was because her glasses
could not be found The deed was sign
cd with a mark and the order on VIII
DER was signed with Mrs. Juhnson's
fun name.
Nr. 'namplin was examining az great
length on the signature TO the Wilder
order as compared with Mrs. Johnson
signature on checks when Mr. France
thought too much time was being taken
mo Jn an immaterial point. Mr. Champ
/ lin curtaaled his examination then.
Erwin j. france said i'm the forepart
Of August. 1897. he was asked bv Mr..
Booth tD draw a deed and he went 10
Mr. Booths and took Mrs. Johnson :
acknowledgment. When Mrs. Johnson
| signed tha deed her mind was. the wit
ness believed. perfectly sound
ON cross examination witness said no
had n professional interest I'm the case
but was fst reiudlced
Continued on Page Two)