The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-01
Ia MRS. TOOMEYS WILL
How Mr.. Toomey Happened to
Come Into Its Possession.
FOUND IT IN THE DESK
His Sister-in-Law Prefers a Charge OF
Grand Larceny Against Him and
the Case Will BIS Tried Before
Judge Harrington.

D. l.. Toomey had his preliminary
hearing before Justice Harrington yes
terday on the charge of grand larceny
brought against him few days ago a
the instance of the sisters of his de-
ceased wife, Kate Toomey, as an out
growth of the controversy over the
late Mrs. Toomey's will. The hearing
was prosecuted by Attorney Charles
O'Donnell as special prosecutor and At
torney Alex Mackel appeared for the
defendant
Della Pitts, sister of the late Mrs.
Toomey, was called as the first wit
ness. She testified that at the time of
Mrs Toomey's death she was in charge
of the Lafayette lodging house in East
Park street, which Mrs. Toomey con-
Quoted. Prior to death Mrs. Toomey
drew up will in the presence of the
witness, which she inclosed in an en-
velope and addressed to another sister,
Ann Clarity, at st. Paul. On Sept. 25
Mrs. TOomey placed the envelope in the
care of the witness to be forwarded to
st. Paul at her death. She placed the
envelope in the desk used by Mrs.
Toomey and of which she had charge.
On Oct. the witness saw the envel-
ope in the desk. On the next day the
letter was gone from the desk. The
desk was locked by the witness when
she left it on the I'd. The witness
stated that the will bequeathed $1,000
to Ann Clarity, $500 for herself AMI
$500 for taking care of their mother;
$500 to Mrs. Morgan, $1,000 to her baby
to be placed in bank; $500 to Mrs.
Pitts; 5000 was set aside for defraying
the expenses of the burial of the tes-
tator if she should die, and the furni-
ture Of the Lafayette lodging house to
| the husband.
The witness on the 4th saw the will
| in Toomey's possession and he read it
to her. He said he took it from the
desk. He at the same time demanded
| the $1,000 bequeathed to the baby and
the 5000 set aside for Mrs Toomey's
| checks, but refused to turn over the
| rest of the money in her possession
| On cross-examination Attorney Mack
| ell brought out the statement from the
| witness that when she missed the en-
yelope she communicated the fact &c
| Mrs. Toomey, who told the witness
| she had better draw the money from
| the bank as the husband, who wat
| suspected of taking the will might de-
| stroy it. That night Mrs. Toomey
| died. The witness admitted that Toom-
! ey never denied having possession OF
| the will :,
| At this point Attorney ODonnell
| moved that counsel for the defense be
| required to produce the document. The
court denied the request
| James Bagley testified to the defend
| ant having read the will in his pres
| ence on two different occasions.
The prosecution rested and MI
Mackel moved to dismiss. After ex'
| tended argument the motion was over
ruled and the defendant was called To
the stand. He admitted having pos
session of the letter referred to as the
will and Attorney O'Donnell again
| asked for an order requiring it to be
/ produced. The court again denied the
| motion and the witness said he went
| to the desk on the morning of his
wifes death to write telegram to mel
| relatives He found the letter or will
there and took it. The desk belonged
to him and his wife Jointly and he had
! free access to it. He never denied nav:
| ing possession of the document anc
| contained reference to matters whici
were purely family affairs and whicf
he did not care TO have made publlc
| He stated further that in the even
the district court should make an rr
der directing him to produce the docu
! ment in question he would do so.
On cross-examination the witness ad
mitted that he took the envelope INC
/ opened it after observing that 1t wa
sealed and addressed to st. Paul. Mr.
O'Donnell attempted to examine IN
witness on matters pertaining to- tn
defendant having drawn money from
the bank on the morning of his wife
death and other matters in connectloi
with the controversy over the proper
ty, but was not permitted to do so, an
after argument the court took the cas-
under advisement till to-day