The record-union., 1899-11-01

Tense offered to put eight other wit
nesses. on the stand to prove that the
services Of companions and nurses
We're valued at from $50 to $40.
Objections to such offer were made and
sustained: but the witness ON the stand
was permitted to testify that the wages
usually paid companions and house,
keepers wac from $50 to $40.
Mrs. n. 3. Moore of San Francisco, a
compan ion by occupation, was placed
on the stand but was not allowed to
testify concerning her duties, nor the
value of her services.
Mary e. Colby of San Francisco,
nurse and companion by occupation,
was placed on the stand, and an offer
made to prove by her the value of her
services, she having been employed by a
rich old man. The offer, however, was
rejected.
The other six witnesses subpenaed to
testify concerning the value of such
services as Miss Austin was alleged to
have performed for Jefferson Wilcox
son, were not called, though the offer
OF proof was spread upon the records
plaintiffs attorneys proceeded with the
reading of the ross-examination Of the
deposition of Mrs Blackwell, which was
under progress when the noon recess
was declared.
James M. Wi1coxson of Carrolton,
Mo-, was next called, and testified that
he was cashier of a bank in that town.
He had known jefferson Wilcoxson, and
was a legatee under his will for one
fifteenth part of his estate-was one OF
the fifteen.
Witness spent about six years in Cal
ifornia from 1856 to 1862, and visited
the State on several occasions, one
visit being made in January, 1879. Al
that time witness stopped at Jefferson
Wilcoxson's ranch in Yolo County. Viii
coxson was in good health Witness
spoke with Jefferson ,Wilcoxson con-
corning Amanda p. Austin coming, to
California to care for him. An objec-
ton as to what that conversation was
was objected to, ON the ground that
upon witness returning to Missouri he
had repeated what had been said to
the father and mother of the plaintiff
and not to the plaintiff personally.
Attorney Seymour for the defense,
said that while witness recollection as
to whether he had or had not related
the conversation to Amanda P Austin
that it had been related to her father
and mother who were acting as her
agent.
Attorney Grove L. Johnson contendsd
that no person could act as the agent
of the plaintiff, and that the claim of
plaintiff was based upon the contract
letter written by Jefferson Wilcoxson
Attorney Seymour said the defense
denied that any such letter had ever
been written, and that the coming to
California of Amanda P. Austin was
based upon the conversation had be-
tween Jefferson Wilcoxson and witness
and related by the latter to the plain
tiff's father and mother
The court sustained the objection, and
the witness was not allowed to detail
the conversation, nor whether or not
upon the force of that conversation
Amanda P. Austin had come to Cali
fornia.
Thereupon H. W. Johnson offered to
prove by the witness that Miss Austin
came to California with the under
! standing that Jefferson Wilcoxson
would assist her in completing her art
education
Grove L. Johnson agreed to withdraw
his objection to the Offer provided the
defense would agree to allow Miss Aus
tin to testify concerning the particular
conversation in question. The defense
would not SO agree and the objection
was sustained.
On two other occasions, once in 1885,
and again in 1885, witness came to Cal
ifornia- In 1885 he came here at re-
quest of Jefferson Wilcoxson, who de-
sired him to take charge of the estate
of Jackson Wilcoxson. When witness
arrived Jefferson Wilcoxson had con-
cluded that as he (witness) was not a
resident of the State, he could not act
as executor of the estate. For that
reason witness did not take charge OF
the estate. Witness was in California
two or three months. Jefferson Will
coxson was very busy, and was in good
health Witness recoIlected that al
his earlier visits Jefferson Wilcoxson
kept a cook, who, he thought, also acted
as housekeeper.
!
1886, at request of jefferson Wilcoxson
to assist and consult with jefferson
Wilcoxson respecting the estate OF
Jackson Wilcoxson, deceased. He saw
Amanda F. Austin, but did not see he,
do any homework. She seemed to be
engaged most of her time with he,
painting. Jefferson Wilcoxson was in
good health. .(s8
Witness was again here in 1888. IA sc
at request of Jefferson Wilcoxson. G q
II. Wilcoxson came with him Wher
they arrived Jefferson Wilcoxson was
at Bartlett Springs. Amanda Austin
was not with him. Jefferson Wilcox
son appeared to be in good health; was
not keeping house, and witness did moi
see Amanda Austin do any homework
The visit was made to assist in organ.
izing the Stovall- Wilcoxson ranch into
a corporation. That, however, was
/ not then done
Witness again came to California il
November, 1889, at Wilcoxson's re.
quest. AT that time the Stovall- Wilcox
son Company was formed Jefferson
Wilcoxson was living in Sacramento
his health was very good, and witness
thought he needed no nursing. HI
made several trips to Williams, ane
Amanda did not accompany him.
witness was again in California. fol
a short time in September, 1891. TO,
the purpose of looking over the bust.
ness of the Stovall- Wilcoxson Com.
pany and making a report. Wilcoxsor
was then in fairly good health.
Again in 1894. in November witnes.
again came fo CaIifarpio A. 49,,