The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-04-27
The Defense Recalls Expert Ames
to the Witness Stand.
Testifies as to His Disagreement With
Eisenschimel in Davis Will Case.


to BY Plaintiffs Counsel and
the Objections Sustained by the
Court.
WILLOWS, April 26-This morning
the court in the Murdoch case convened
at $50. The defense recalled Mr.. Ames
and asked him several questions In
regard to his disagreeng with Mr..
Eisenschimmel in the Davis will case.
The witness said he at first thought
this will forgery, but after careful
examination found that those very
points which at first seemed to point to
forgery finally led him to believe it
genuine He said it was a ease in
which experts might differ. AS the
plaintiff did not desire to ask any
questions the witness was excused.
W. D. Burnight was next called. He
testified that he was a resident of
Anderson and formerly resided in Co
lusa County. 1t was near Orland He
knew Samuel, GAVIN and Mrs. Murdoch.
and worked for them at different times
herding sheep. Sam Murdock seemed
to be the owner of the sheep. He also
L
said:
The last time I worked for them
they had gone out of the sheep bust
ness and We're farming. 1 was working
for them in 1877, when Mrs. Murdoch
was at Allen Springs. In June or July
of that year Sam Murdoch came to
my house and stayed all right
Attorney Lusk asked the witness sew
eral questions in regard to the CONVEX
sation that passed between Samuel and
him at this time, but Attorney johnson
objected to every question, and the OBJ
jections were sustained by the court
L.usk then said:
Il would like to make an offer of tes-
timony, and the jury can be excused
for a few minutes if the plaintiff so de-
sires.''
The court excused the jury, and At
torney Lusk said that they wanted to
prove by this witness that Mrs Muir
dock threw the trunk of Samuel out of
the house and that he cried and said he
owned half of the property. He said
they wanted to show that there was
not a friendly feeling between Mrs
Murdoch and Sam Murdoch Mr. John
son objected to this, and the objection
was sustained, with an exception by
the defense The jury was then brought
IN and the testimony was continued
The counsel asked the witness great
many questions in regard to the feeling
sam MURDOCH entertained toward Mr.
kirkpatrick Johnson objected, and
the objection was sustained. Mr. Lusk
Ihere made another offer of testimony.
and the jury was again taken into an
ether room. Mr.. Lusk said:
We want to prove by the witness
that, during the time he worked for
Murdoch and the time Sam was at his
house, whenever the name Kirkpatrick
was mentioned Sam expressed dislike
for him and used strong language in
connection with his name.''
Johnson offered the usual objection
and 1t was sustained. The jury was
then again recalled.
Barnes said the reason they wanted
tiiis testimony which the court ruled out
was TO contradict the statements of
GAVIN Murdoch that Sam and his family
We're at this time on good terms with
one another
add this, so that it may go on the
record, that we may have data for an
ptdi TO the higher court +"
Burnight further testified that DURING
all the time he worked at GAVIN and
Samuel Murdock's he never saw San,
talking to Kirkpatrick He did not re-
member that Mrs. Murdoch returned
home in the summer of 1877 for three OF.
Tour days from Allen Springs. On cross
examination by Johnson he said:
Il stayed In Montana part of my time.
Just worked there 1 have worked for
Mr.. ,Bidwell in Chico. I lived in Orland
in 1877. / worked for Murdoch in that
year during the months of February.
and March. l came from Chico yester-
Gay. | saw Mr.. Lusk in Chico last week
and talked with him about the case.
also made written statement to him
was told by Mr.. Alb Merrill to come as
a witness in this case. I saw Mr. Skill
man on the train yesterday. 7 did NOT
tell Mr.. Skfliman that / was going to
willows to testify in the case of Muir
dock and that had been kept in Chico
Tor twenty days and was not allowed tn
go out on the street except at night.
and that Mr.. Lusk said he would NOT
lose my testimony for $500, which was
IN favor OF his side. but that he would
give 5000 TO have me not tell what I
Know in favor of plaintiff or that T
was in the case for money and would
give my services to the highest bidder
never said on the streets of WiIlows
that had been retained by Lusk as a
witness in the case and that 7 was 70
get $780,
Did you get your $1,000"
Il have not seen it yet. but am to pot
just what l would get if / were shear
ing sheep"
The witness was then excused and Mr.
AID. Merrill called.
Il reside in Redding," he said .b,,t
formerly lived in Willows, I have done
considerable work for the defense in
this case in hunting up witnesses etc
know II. A. Skiff and saw him while
he was in Willows last time. have
known him about fifteen years. had
conversation with Skiff in FEBRUARY ii,
the hotel in San Luis Obispo.
HE told me that he did not know
anything about this note until about
two weeks after Sam Murdoch died He
said he knew scarcely anything about
the note. Skiff said he heard GAVIN and
his wife talking about the note shortly
after Sans death. He told me that Mrs.
Murdoch ought to give him a. nice pres
Ct