The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-26
SCHMIDT WILL CASE
HENRY MUELLER TAKES THE
STAND FOR DEFENSE.
POSITIVE TESTIMONY STRONG
In Terse Statements Mr.. Mueller Says
He Acted Purely as a Friend Of
the Testator-Trial Is Still
in Progress.

In the trial of the case of Joseph
Schmidt of Keonger, Wurtemburg, Ger
many, against Margaret Reichley and
Henry Mueller to secure cancellation
of the will Of John G. Schmidt there was
important evidence given this afternoon.
The case was on trial in the United
States court and a report of the fore
Moons proceedings is published on page
six of this paper.
Afternoon Session.
This afternoon Henry Mueller testi-
fled for the defense. He said he had
drawn the will from notes at the request
of Mr.. Schmidt and then submitted it's
contents to the old man, who approved
it, saying it was all right. He had then
taken the document and placed it in his
safe at the request of the old man and
kept it there until after the old man
died At the time of Schmidts death
the witness was in the east, but learned
of the death after his return. He had
then taken the document and turned il
over to Public Administrator Jameson,
who called for it.
WAS the will signed by Schmidt in
your presence?" asked Attorney Leon
ard.
Yes, sir, it was"
Il will ask you if you ever concealed
or destroyed any will of Mr.. Schmidt or
caused any will to be forged?"
mo, SIR
Did you make any suggestions to
Schmidt with reference to the DISPOSE
ton of his property or attempt to get
hold of the property"
mo, sir; l did not. l was not well
enough acquainted with him to do any,
thing of that kind"
"How did Schmidt come to call on you
to draw the will?''
MRS. Reichley brought me the notes
and I think she called in the witnesses
to sign the document after l had drawn
it,"
On cross-examination Mr.. Mueller
stated that when the old man signed
the will he got out of bed to do it. He
did not appear too sick to do it, as he
sat in a chair.
Asked if he had not refused to take
the will to the court house and offer it
for probate when requested to do so by
Mrs. Bush, the witness said he may have
done so because he did not know it was
his place to have it probated; and, be.
sides, he was not sure that Mrs. Bush
was the right person to make the dc.
mand.
w. ]. Jameson told his part of the
story. He said that in 1896 he was pub
lie administrator of Silver Bow county.
and while actin gas such he had called
on Mr.. Mueller at the latters request.
and Mr.. Mueller had toll dhim he had
the old mans will in his safe.
The witness said he had then sent Mrs.
Reschley a letter, telling her Of the
will, and adding that she had been
named in the document as one Of the
beneficiaries. He examined the will and
said he thought it was the same one he
had turned over to Mrs. Reichley ana
taken her receipt for it. MS. Reichley,
he said, had been also named in the doc
ument as the executrix, which was the
reason he had turned it over to her.
Charles H. Grund, one OF the wit.
nesses to the will. stated that he had
written the signature purporting to be
his and had done it in the presence Of
old man Schmidt and the other witnesses
to the document.
At late hour this afternoon the trial
was still in progress.