The record-union., 1899-10-25

valuable to him than all of the wealth
he distributed among his relatives. He
could not fix the value of such SER
vices sufficiently high.
Thomas Harper of this city was next
called. He testified that on one oc
casion when Mr. Wilcoxson stepped
out of his Office. the wind blew the
door shut and he sent an expressman
for a duplicate key which Amanda
kept
Miss Fannie Campbell was recalled
and testified that on one occasion JEFF
ferson Wilcoxson did not want Amanda
to get married. as he could not get
along without her and because no man
was good enough for her Witness
knew that at one time Miss Austin
made preparations to get married
Mrs Campbell was recalled and ques-
toned as to what in her opinion was
the value of Miss Austin's services to
Mr.. Wilcoxson.
The defense objected on the ground
that the witness was not an expert
In fixing values of the kind under con-
sideration, and during the argument
which followed Judge Ellison declared
recess until 1:30 D. m.
AFTERNOON SESSION.
In arguing the point, raised, At
torney II. w. Johnson for the defense,
contended that there could be no ex-
pert testimony upon the value Of af-
fection. He thought it absurd to say
that she might recover her affection
she had had for jefferson Wilcoxson,
he Ia l,ot
she might recover for the reasonable
value of her services. nothing more,
nothing less. and that any intention on
the part of Jefferson Wilcoxson respect
ing her. which had not been executed,
could not be urged successfully upon
the Court He contended that if she
recovered at all. it could only be for
the intrinsic value of her actual ser
vices. Mr.. Johnson quoted authorities
touching the point at issue He said
the plaintiff was before the Court ask
ing to be paid for her services and
nothing more.
In arguing the point for the plaintiff,
Attorney FulWeiler contended that the
plaintiff had proposed only to show the
nature of the alleged contract, and the
peculiar relation of the plaintiff to the
deceased. and ask the Court to fix the
value of her services. under the con-
tract He contended that suit had
been brought, not to recover sef-
wants wages. but to recover on a con-
tract He contended that jefferson
Wilcoxson. and he alone, knew the
value of the services of Amanda P.
Austin, and that it had been shown
that he had fixed the value at SIJ0,G
and it was the intention only to offer
testimony to show that that sum was
not exorbitant
Attorney Grove L. Johnson contended
either that the evidence should be ad-
mitted. or that the Court should. from
| the evidence already in, decide the
value of the plaintiffs services and in
| so doing would be obliged to take the
value placed on those services by Mr..
| Wilcoxson. for whom the services We're
performed, and who would naturally
be supposed to be the best judge.
H. w. Johnson closed for the de-
tense. and reiterated that the services
of the plaintiff could be paid only on
their intrinsic value. and not on the
emotion or the affection of the de-
ceased for her.
|
question was in progress, Mrs. B. M.
Rideout, who had been i'll. was called.
She had known Jefferson Wilcoxson
twenty years, and was slightly ac-
quainted with Amanda P Austin She
had a conversation with jefferson Will
coxson four or five years ago at which
he said his people were hanging around
| him like flies. and if he hadn't dol
lar they would not do So He said.
| however, that he had niece, Amanda.
who was as kind to him as a daughter
could have been. Witness suggested
that he ought to do we'll by Amanda
in his will. He replied: "Oh, no; l
| have made my will and I didn't leave
her anything" "Oh. Uncle Jeff" wit
ness had replied, but he, continuing.
said. But 1 have provided for her
otherwise"
AT 4:30 O'Clock, after the arguments
on the point as to whether expert tes-
| timony as to the value Of Miss Aus
| tins services might properly be ad-
mitted, Judge Elliott declared a recess
until this morning. at which time the
point discussed will be decided