The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-11-08

where in Oakland Townsend lived. nor
what he did. Witness said he had got
Townsend,s mail from the Postofice,
but thIatsTownsend drew the money for
warded BY Miss Austin, He said after
be had got the $40 from Miss Austin
he had written to Grove Il Johnson Tor
another $40 Witness declared that
he had not been trying to work tins
plaintiff for $40; that he had not
passed out gold brick but that he
was willing to testify concerning what
he knew about the natter He was
excused, and Attorney H. w. Johnson
suggested to Attorney Fulweiler that it
was in order to show the brick
Miss Emily Kennedy was next called,
and testified that she and Miss Austin
had been members of the Art League
in this city in 1896 and {. Miss
Austin seldom attended, giving as ex-
cuses for her absence that she was
obliged to attend upon her uncle.
Miss Bessie Crouch was called and
corroborated the testimony given by
Miss Kennedy. Witness said that in
1885 Miss Austin's studio was seldom
kept open on account of her uncle's i'll
health
Bert Byrne was called. During JET
ferson Wilcoxson's last illness witness
was bell-boy at the Capital Hotel. He
on one occasion was sent by Jefferson
Wilcoxson to his office on Seventh
street, to call Miss Austin. Miss Aus-
tin and George H. Wilcoxson were in
the office when he got there. The safe
w
standing before it, Witness and Miss
Austin left the office and George Will
coxson remained there, the safe being
still open.
j. r. Foster, a hotel keeper of Wood
land, was next called. By him the
plaintiff offered to prove that in 1886
Wilcoxson had said that he had dis
posed of all his property except what
he had reserved for himself and his
neice, and that the reserve would am
ply provide for her.
The court declined to allow the case
to be reopened to admit the testimony.
T. H. Harlan. who had been called as
a witness to testify to the good char
acter of E. A. Davis, was again called.
By him the defense offered to prove
eAiett Oil Vic ONCdSlOu lie ildQ SOu6 "
Wilcoxson's office in this city and asked
for loan of SO; that Wilcoxson had
said he had no money, but that he
opened the safe, took out a greenback
and gave it to witness and said that
the money in the safe belonged to Miss
Austin. The offer was denied.
A. hubert of Bartlett Springs, was
called and the defense offered to prove
by him that Jefferson Wilcoxson had
said in his presence that he had pro-
vided handsomely. for Miss Austin.
An objection to. the offer was, sus-
tanned. zise s,ss
Mrs. jarrett of Placer County was
called, and by her the defense Offered
to prove that Jefferson Wiicoxson said
he had provided for Amanda Austin
and that he had put money in the safe
for her, and that what he had left her
would more than amply repay her for
her sacrifices to him, and that he had
repeated the statement a number of
times. An objection to the testimony
offered, was sustained.
TIL defense offered a number of let
ters written to Miss Austin by Jeffer-
son Wilcoxson during his trip to yell
lowstone Park and elsewhere, to show
the close relations existing between de-
cedent and plaintiff. The letters We're
read to keep the records straight, but
were not permitted to go in evidence.
John Shook, physician and surgeon Of
Bakersfield was next called He tes-
titled that on one occasion he had been
engaged to be married to Amanda P
Austin.
A question by Attorney Grove L.
Johnson as to whether Jefferson VIII
coxSon had objected to the marriage,
was objected to by the defense, but the
objection was overruled. Witness said
he had never personally heard Jeffer-
son Wilcoxson make a statement about
the matter, but that he had never, 20
witness knowledge, given his consent
to the marriage.
Witness said that after the engage
ment had lasted some time, he insisted
to Miss Austin that it had lasted long
enough and requested her to marry him
at once. She had said she could not
leave her uncle, and under those con-
ditions he had declined to further cor
tinue the engagement and they parted,
sonew hat in anger.
At this point a recess was taken until
80 p- m
AFTERNOON SESSION.
The cross examination of DIR. Shook
was continued He said he was a mar
ried man; that he was married in July,
1887, and that in the spring of the
same year his engagement with Miss
Austin was broken off. Witness said
he had probably written to Miss Austin
that he had fallen in love with another,
and might have asked her to release
him. but said he did not remember hav-
ing done so. The fact that he might
have fallen in love with another was
not the primary cause of breaking the
engagement, but he said it was pos
sibiy a cause Witness could not recol-
lect that date had been fixed for the
wedding-thought the date had not
been fixed.
Witness said he had spoken to ''Unele
Jeff, about his engagement with Miss
Austin, but that the latter had ignored
him, and he considered him as being
opposed to the proposed marriage.
though he had never said SO in words.
A letter written by DR.. Shook to JEFF
ferson Wilcoxson, was allowed in evil
dence, but the reading was waived.
Portions of it We're brought out in the
discrimination, particularly the
opening phrase: knowing that you
are not wholly unfavorable to my suit"
etc He was asked what he meant by
that, and said he supposed he had writ
ten it because he hoped the decedent
was not wholly unfavorable to his suit.
Mrs. Emma L. Burr was recalled. She