The record-union., 1899-10-21

to the appraisers.
Witness had known Jefferson Will
ccxson about forty years. He had on
a number of occasions conversed with
Wilcoxson about his property. On one
occasion Wilcoxson told witness, during
discussion of the ENHANCEMENT of the
Fair estate, that he had disposed of all
his property except his Applegate ranch
and another small piece of land in Co
lusa County
On osS-examination the witness
identified the inventory of the estate
made by the appraisers. He said that
certificates of deposit might have been
in the safe, but that he did not see
them Jim Wilcoxson, he said, did most
of the talking, and told the appraisers
that the safe had been considered an
unsafe depository for the cash it con-
tanned, and that the latter had beel4
removed to a bank or safe deposit.
Witness did not know who had opened
the safe, and questions as to whether
it was not common talk that the safe
contained bills of deposit and cash, was
ruled out. The cash mentioned in the
appraisement was the accepted state
ment of the executor.
At this point the defense introduced
the inventory as part of the cross-ex
animation, and it was admitted.
Witness said that when he heard of
the large abount of money found in the
safe after Wilcoxsons death, the idea
occurred to him that it must have been
included in the property mentioned in
the statement made to him by Wilcox
hn trih oil h ,ic
property, with the exception of the APP
plegate ranch and the small piece of
land in Sonoma County He had heard
it talked about on the street that Miss
Austin had not been mentioned in the
will, and that talk brought to his mind
the statement made by Wilcoxson that
he had distributed all of his property
except the lands mentioned He con-
cluded that some disposition had been
made of the money other than that
mentioned in the will.
Homer c. Mitchell of Newcastle,
Placer County, was next called He
knew Mr.. Wilcoxson and the plaintiff
IN Woodland, where he conducted a
hotel in 1896. Miss Austin had been
very attentive to and careful about Mr.
Wilcoxson. The latter had told wit
ness that Miss Austin was very kind TO
him and very careful about his health.
and that she frequently rubbed him
when he was ailing
Mrs. Mary E. Dennis of Alameda, a
former resident of San Francisco, was
next called. Witness had called at
Wilcoxson's house, and Miss Austin had
boarded with her while attending the
School of Design in San Francisco She
had talked with Wilcoxson concerning
Amanda Austin two or three times. On
one occasion Wilcoxson gave some val
liable presents to young lady relatives
Of his, and witness asked him about
Amanda. He had said: "Oh. Amanda
is my girl, and after I am dead she
can have all of these things, if she
wants them On another occasion.
Wilcoxson said Amanda could go to
Europe after he was gone if she wanted
to, but not then. At another time.
about two years ago, while speaking
with WilcOxson, witness said TO him
that she hoped he would do we'll by
Amanda. Wilcoxson said there was a
great deal of jealousy about Amanda
that he ought not to forget her because
everybody was reminding him of her,
and in conclusion said he had provided
for Amanda, and provided for her well.
Mrs. ]. A. Hunter of Oak Park was
next called. Jefferson WiIcoxson had
talked with her concerning Amanda
Austin, saying that she was a good
girl and very attentive to him. but that
she would lose nothing by doing so, as
he intended to provide we'll for her.
PC Ior,V 1f
the next witness. She had Known
Amanda Austin to sit and rub Jefferson
Wilcoxson's head by the hour. Will
coxson told the witness that Amanda
had been very kind to him. and that
a daughter could have done no more.
The attorneys for the defense intro
duced the deposition of Mrs. Francis
B. Arnold, taken in Carrolton. Mo-. in
May last. Deponent was an aunt Of
the plaintiff. She came to California
in 1886 on a visit. and saw Mr.. WI
coxson and Miss Austin in Sacramento.
Amanda was very kind to Mr.. Wilcox
son and treated him as a child would
a father. Wilcoxson said to daponent.
isn't Pete grand?" He spoke of her
as Pete" because she reminded him
of her father.
The plaintiff offered in evidence four
teen certificates of deposit in the Bank
of Williams, each for So 600 and each
dated April II, 1897. and one certificate
of deposit, same bank. same date for
$2,03531.
The defense had no objection, provid-
ed the envelope in which they were
found and the inscription thereon were
. IL fnI Z
had been no proof that the certificates
mad been in the safe, or anywhere else.
Thereupon the attorneys for the
plaintiff put plaintiff on the stand 20
make the proof required Questions
put to the witness relative to r,atters
concerning the estate. were met py oh
jections on the statutory grounds that
she as plaintiff, could testify only to
collateral facts.
Attorney Grove 7. Johnson said it
was intended only to prove by the wit
ness that the executor. George Fl. Will
coxson, and James Nilcoxson took from
the plaintiff, two lays before the death
of Jefferson Wilcoxson. and while he
was unconscious, his keys. lie contend
ed that though the alleged transaction
occurred before the death of the de-
ceased no attempt would be made to
prove anything the deceased had said
or done, and TIE evidence would not be
direct-only collateral rhe evidence
he desired was merely preliminary TO
other things which it was expected to
prove.
The objection was sustained, and Miss
Austin was not permit tcd to testify as