The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-07-09

MS was peppefy day AZ the trial Oh
the Colbert will contest. Judge Clancy
answer a question right away, and Wctz-
stein in Jail If he did not hurry up and
answer a question right away and Wetz-
stein was required to tell the terms Of
contract he has with the Fluke- Scheucr
will proponents to aid them to establish
their will.
He said they are to pay him $4,000 in
case they are successful. He has an idea
that there is still another will giving him
Colbert's property, and in his contract with
Mrs. Fluke and young Scheuer he agrees
to pay them $4,000 for their assistance in
establishing it providing it appears and
that is the most expedient thing to do.
When the smoke of the legal battle had
cleared away yesterday afternoon, the day
having been devoted to a lawyers fight
over the question of letting Mrs. Caroline
Burton testify as to Colberts declarations
to her concerning the alleged tluke-
Scheuer will, Judge Clancy refused to let
the testimony in.
Woolbeater Knew His Business.
Then Mrs. Burton took the stand and
testified that in the carriage occupied by
her, Woolbeater, her daughter and Wetz-
stein and Mrs. Wetzstein, at Colbcrts fu-
neral, she asked Woolbeater what he knew
about the will of 1896, known as the Flukc-
Scheuer will. in which Colbert is said to
have given his property to those pro-
ponents.
Mrs. Burton said that Woolbeater an.
swered that he had it in his pocket, and
that when she asked him what he intended
to do with it he tapped his forehead and
said he knew his business.
Wetzstein testified that he heard this
conversation and that when Mrs. Burton
asked Woolbeater to give her the will
Mrs. Wetzstein told Woolbeater in Ger
man not to do so.
Wetzstein was the first witness this
morning and he was under the fire of a
hot cross-examination by Mr.. Roote from
the start. Roote read lot of testimony
given by Wetzstein when he was OH the
stand several days ago, for the state.
Il read to you here testimony you gave
for the state. You testified that you never
spoke with Woolbeater about this will, al
though you spoke to him about the Lip
Mr.. Roote asked.
YES" said the witness.
"You testified that you had several con-
FS'oatioio WIN NOoiDCdtCI, anu I1dt he
told you that he knew of no will. Is that
so?"
yes"
did you say in your testimony for
the state that you asked Woolbeater and
Wagner several times if there was a will
and they both said nor"
"Yes, SIR"
"Mr. Kelley asked you if you had any
nther NTH ~.
a will and you replied that you had a
conversation down at your house and he
said he didn't know anything about will
Is that so?"
"Yes."
"Mr. Kelley asked you if at any other
time you had a conversation with Wool
beater about will, either before or
after Colberts death, and you answered
that you had had many talks and yet
that at no time did you talk about a will
with Woolbeater. Is that correctl"
"Yes"
"And yet you knew that Woolbeater had
a will in his pocket in the carriage that
day, did your" the attorney asked.
He said so,' the witness replied.
"You testified that at no conversation
which you had with Woolbeater about a
will was there anybody else present. Is
that SOP"
Witness Is Muddled.
Here the witness claimed that he could
not understand what conversation was re-
ferred to. Mr.. Rootc asked him il he
understood the meaning of the word "any,"
and he replied that he did. Then the
lawyer told him to answer the question.
He baked. Then the court directed him
In tha II aGz
plain and said he understood the ques-
tion. The court Strengthened up and
whirled around in its chair and said
peremptorly:
well, answer it then, or I'll put you
in Jail. | won't stand this practice. I'll
be done with this case some time"
1t was evident that the court meant
business, and was at the end of its pa
tience.
II can explain" the witness said once
more.
"Say yes or mo- and then explain"
the court ordered.
"Say yes or no. commanded Mr.
Roote.
"Well, don't know" the witness finally
replied
"You don't know" repeated the court.
"Well, he don't know. Get on with the
case"
Mr.. Cotter interposed an explanation
in behalf Of his witness here.
"The conversation in the carriage was
not between him and Woolbeater but be.
tween Mrs. Burton and Woolbeater," said
he
mo, he had that talk himself" insisted
Mr.. Rootc
Mr.. Cotter disputed this, and the court