The Butte inter mountain., 1902-07-01
LAWYERS THRESH
Continued from Page Onc.)

oils. 1t contained the genuine signature
OF Colbert. He said with relation to the
% III it: There seems to have been some
hesitation i'll the making Of the first loop
here. The second is open and well de-
hned.'
lolberts signature to legal paper was
presented TO his attention, and he said the
loops in the % were open and clear.
How do the loops in the % in this sig
nature compare with the loops in the same
letter in the will signature ?" he was asked.
They are not at all alike" was the re-
sponsc.
well. what do you say as to the same
man having made both ?"
Il do not think the same man made
them"
After that the witness testified that the
curves between the letters Il and e in
Charles are almost circular in the will
signature, while angular in the admitted
signatures
What do you say as to your observa-
tons as to these exhibits applying to 9th
ersF Mr.. Cotter asked the witness.
Il think ! said that the letter 4 in Col
bert's signature comes down to the line,
while in the will signature it does not"
was the reply.
What do you say as to the ID in the
will signature having been written by the
same person who wrote the ID in the ad-
mtted signatures 7"
Il do not think they were written by the
same man"
The witness said that the down stroke in
the letter b in the will signature shows a
break, but there are no breaks in the letter
III Colbert's genuine signatures.
He said also that the final loop in the b
in the will signature is more curved than it
was in the same letter in the admitted sig
nature in another exhibit shown by the
witness.
What do you say as to your general
observations concerning the differences
enumerated applying to all these other ex-
hibits 7" Mr.. Cotter asked.
They have the same application" Mr..
Nuckols replied.
Other exhibits still of the admitted sigma
ture were brought out and the witness tes-
tilted that none Of the loops in the bs' in
them were like the loops in the 3D. in the
will signature.
At the Afternoon Session.
| At the afternoon session of the trial
" WV h'o' 'Nib'lNt proponents put
in referred to two prescriptions for medi-
! cine given by DR.. Monroe for Colbert
and filled by Druggist Wiso nof South
| Main street.
There was a fight to exclude the pre-
scriptions, but Judge Clancy let them in.
| First Mr.. Jones. for the proponents,
brought up several thousand prcscrip-
tions on a string file and tried to intro
duce the bunch but Judge Clancy said,
"Oh, you can't get all those things in
here. Colbert did not take all that
| medicine"
Two prescriptions were cut out of the
| bunch. and Wilson testified that Moore
| had issued them. Then Mr.. Jones offered
| them as exhibits and the wnr broke out
| Mr.. Cotter objected on the ground that
| they were incompetent, irrelevant, i'm
| material and uninteresting. Also because
theer was no reason why they should be
| admitted.
| "The object" said Mr.. Jones, impress
| sively, "for the admission Of these pre-
| scriptons is two-fold first to fix the date
| the prescriptions were issued and filed
and second to prove their contents"
Mr.. Kelley Objects.
| Then Mr.. Kelley added AN objection
| in manifold form to Mr. Cottcr's. Said
| he:
| These prescriptions, your honor, are
absolutely incompetent to prove anything
in this case. They canot be used for
any purpose in this trial. cannot see
| for the life Of me how they can prove
that Colbert signed this will The pre-
scriptions can only prove that DR.. Moore
gave them. They will not prove they
were filed o rlhat the medicine named in
them was given for them or that Colbert
took it,"
Mrs. Jones replied: I'VE will follow
them up with proof that Woobeatcr took
them to the drug store and got them
filled; with proof that Moore gave them
and no other. and with prof that Colbert
took the medicine and that il was a tonic
for his nerves."
the ncrves?" Mr.. Donovan cut ill.,
"The effect was to strengthen, to steady
the nerves." Mr.. Jones replied
| Then Mr.. Donovan said:
'Ict me also bject. your honor. These
| prescriptions were filed the day the will
Was written and the medicine was taken
then The drug would not have the sim-
mediate effect to brace"
Interrupt Attorney General.
The lawyers for the proponents inter
ruptcd the attorney general with "poohs"
and 'pahs," and the court laughed and
overrulcd all the objections.
| well, doctor" Mr.. Jones began, ad-
dressing the witness, and then he was in
tcrrupted by Mr.. Cotter, who said:
| "DoctorN
."Yes, doctor" retorted Mr.. Jones'
every druggist in Montana is doctor
| thought everybody knew that"
We've got all the governors and gen
| erals in the case" said Mr.. Cottcr, refer
| ring to Ex-Governor Smith, Attorney Cen
| eral Donovan and Mr. Jones himself who
| was once congressman and is entitled to
al D,,t -