The record-union., 1899-10-27
THE PROSECUTION CLOSES.
"A WITNESS WHO FAILED TO
SHOW UP.
Defense in the Austin-Wi1coxson
Case Attacking the Credibility
of Witnesses.


The Austin Wilcoxson case was re-
Eumed before Judge Ellison yesterday
morning, and at 11.30 a. m. the at
torneys for the plaintiff closed and rest
ed, under a stipulation that in case w.
H. Townsend of Oakland could be
located he should be permitted to tes-
tify, when found
Martin MonS5n, an insurance agent OF
this city, was called to show by the
tables of risks taken by insurance COM
panies, what Amanda p. Austin's eX-
pectatiOn of life was at the time of
Jefferson Wilcoxson's death, she at that
time being 40 years of age. An Objec-
tion was overruled and the witness
testified that the tables showed that at
Wilcoxson's death, she might be ex-
pected to live ISIS years.
Then Mrs. Mary E. Austin, who had
been on the stand on Wednesday, was
again called and Attorney H w. John
son continued his ss-examination.
Witness said that on the occasion when
Mr.. WilcOXson gave each of his rela-
tives $1,000, except herself, Dr. Aus
tin wrote TO Jefferson Wilcoxson and
told him if he did not want Amanda to
stay with him longer he would better
send her home. She could not recolIect
that about year ago DR.. Austin had
said in the presence of Mrs. Clinkscales
at CarroltOn, Mo-, that it was the IN
tention to bring suit against the es-
tate for $4,000, that his daughter, Lot
Tie, had suggested that $4,000 would
be enough, and that the doctor had re-
hof hof 40
they did not expect to recover but that
they would get compromise for less
sum. Witness had no recollection of
any such conversation.
George W. Austin, who testified early
an the trial, was recalled. Attorney
Grove L. Johnson offered to prove by
witness that jefferson Wilcoxson had
said he could not allow Amanda Aus
lin to marry. as he needed her to take
care of him. The defense objected on
The ground that on his direct examina-
tion, witness had testified to what pur-
ported to have been all the conversa-
tion he had held with Mr.. Wilcoxson,
respecting Miss Austin. The objec-
ton was sustained.
Plaintiffs attorneys offered in evil
oence the claims presented by Amanda
Z. Austin, against the estate, the orig
inal, about May l, 1898, for S45, 900, for
services rendered, and the amended
claim, presented to the executor of the
estate August 3. 1898, for S15000O, for
services as housekeeper, nurse, etc.
The attorneys for the defense objected
10 the admission of the claims in evi-
dence on the ground Of insufficiency,
and after long argument on the point,
the objection was overruled and the
claims admitted, the court holding that
the suficaency of the same was a mat
Ter for final argument and disposal
AN ABSENT WITNESS.
Attorney Grove L. Johnson stated
that the plaintiff had one other i'm
portant witness he would like very
much TO call. The witness name was
w. II. Townsend. On Tuesday last.
plaintiff received a telegram from him.
announcing that he had on that date
left Oakland, his place of residence, for
this city, to testify in the case, but that
he had not since been heard of though
on each day since the receipt of ttS-
telegram, his name had been called by
the Sheriff. The testimony of the wit
ness, he said, would be very important
and material The plaintiff would. if
she knew the whereabouts of the miss
ing witness, produce him in court. Not
having that knowledge, the attorney
reserved the right to place the witness
on the stand hereafter. in case he could
be found
At this point the attorneys for the
plaintif announced that their evi-
dence was all in, and rested their case.
NONSUIT DENIED.
Attorney Hiram W Johnson, for the
defense, moved for nonsuit on the
grounds that the allegations in the
complaint had not been proven: that
no contract, either express or implied
mad been proven; that it had not been
SHOWN that any services rendered had
been so rendered by the plaintiff with
the expectation that she would receive
pay for them, or that the deceased had
intended to pay for them, but that
such services had been given as by a
parent to child: that there was no
essential contractional relationship be-
tween the plaintiff and the deceased; :;
that the claim for services was not
sufficient in that it did not comply
with the statute providing that if the
contract be not in existence that its
seNeraI stpulatlonS must all be set out
in such claim; that if such a contract
had existed the statute of limitations
had run against it, and the plaintfff
could only recover for services per
formed during the two years next pre-
ceding death of deceased: that the
quality of the alleged services of plain
tiff had not been proven; that from the
evidence introduced the court could not
possibly fix the value of the services
rendered. and that the terms Of the
contract had been fully complied with
by the deceased during his lifetime.
Judge Ellison denied the motion for a
nonsuit, and by agreement a recess
was taken until 80 p. m.
THE DEFENSE OPENS.
In his opening statement Attorney
Hiram w. Johnson spoke briefly of the
attention bestowed on jefferson Wilcox