Evening star., 1902-03-24
THE HEARING RESUMED
PROGRESS TODAY IN THE UTER-
MEHLE WILL CONTEST.
The Evidence Submitted = Charles H.
Utermehle, the Caveator, Cross
Ex1mined by Counsel

The direct testimony of Charles H. Uter-
mehle: tha favsaor. was concluded short e'Fi-
morning. IL the contested will case involv-
Ing the valuable Estate Of George w. Uter-
mehle. deceased. The caveator was on the
stand last Thursday afternoon when the
hearing was adjourned until today After
the welcome respite Attorneys r. Ross
Perry. Wilton ]. Lambert and D. w. Baker,
representing the caveator, and Attorneys
A. 8. Worthington, Charles L. Frailey and
Thomas P. Woodward, who appear for the
caveatees. returned to the fray with in
creased energy.
Charles H. Utermehle this morning gave
somewhat dramatic description Of the
death of his grandfather, in 1889. and OF
the scene at the bedside. All the members
OF the family were in attendance, the wit
ness said. Mrs. Taylor made announce
ments as the extremities of the dying man
grew cold. and DR.. Taylor closed his watch
and stated the fact when George w. Uter-
mehie had breathed his last. According to
the witness there was no sobb1ng or SHOW
of feeling, except on the part of the widow
The witness, continuing, denied any
knowledge OF any other will Of his grand
father. except the will that Is now being
attacked. He was also ignorant of the
amount Of his grandfather's income.
The cross-examination Of the caveator
was conducted by Attorney Worthington.
In reply to inquiries the witness retold, in
detail, of the weekend visits he made az
boy to his grandfather. He also ex-
plained that he has been twice married,
that his first wife is now living in this
city. and that he has three children. 1t
was brought out that the witness attended
Tlrf~& L.
grandfather in 1887 and 1883. and on each
occasion received present Of $50 or 500.
Did you feel any hesitancy about ac-
cepting the presents?" inquired Attorney
Worthington.
"None at ALL" replied t., witness.
You did. not doubt that your grand
father was In his right mind when he gave
you the money! the attorney next asked.
No, sir" Mr. Utermehle answered.
The caveator admitted that three checks,
one for $2116, another for 5000, and the
third for $6,566.66, drawn in his favor May
.. 1889. by Mrs. Sarah Utermehle, bore his
Endorsement. He also admitted that his
signature was attached to a power of at
torney made in 1893, and offered in evil
dence. This instrument named Charles w.
Handy. a real estate agent. as attorney.
The caVeator explained that he was at the
point of death when he executed the power
of attorney and was ignorant Of it's specific
contents. A search had been made by Mr..
Handy, In whom the witness has the ut
most confidence. two years ago, but 1t
could not be found.
Checks Introduced
Acting on the theory that the acceptance
by Charles H. Utermehle of a distributive
share under the will Of Sarah Utermehle,
widow of George w. Utermehle estopped
the caveator in the present case from at
tacking the will of George w. Utermehle,
Attorney Worthington offered in evidence a
number Of checks. one dated as late as
August 4. 1899. in favor Of Charles H.
Utermehle, and drawn by Rose M. Taylor
and Mamie E. Norment, as executrices of
Sarah Utermehle, deceased
When the will of Sarah Utermehle was
reao Immediately after her funeral. the near
relatives. including DR.. Taylor, were pres
ent. according to the witness.
Would it surprise you If 1t should be
proved that DR.. Taylor at that time was
1000 miles distant in China?" Attorney
Worthfngton wanted to know.
My best recollection is that he was pres
e,lt at the reading" the witness responded.
The cross-examination OF the caveator
had not been concluded at the time the
court adjourned for the day.