The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-06-25
EXPERT SEAVER MAKES A POSITIVE
STATEMENT UNDER OATH THAT
WRITING is DIFFERENT.
EXCITING STRUGGLE FOR
PROPERTY OF ESTATE
Three Sets Of Claimants Making Desper-
ate Efforts-Ful Report Of the Cross
Examination Of the Celebrated Hand
Writing Expert From California
Trial Postponed for Today.

a. w. Seaver, gray-haired Los Angeles
handwriting expert today declared in
Judge Clancy's court that the signature
to the alleged will of the late Charles
Colbert, is spurious. There are three sets
OF claimants to Colberts $4,000 worth
OF property, and the trial of the case is
an exciting struggle and the battle-ground
triangle with contestants glowering at
each other from every angle.
he person who wrote the name of
Charles Colbert OH the alleged will was
not the same person who wrote the sig
natures admitted to be Colberts."
These were the fateful words uttered
by the handwriting expert when, after
a struggle among the lawyers, he was or
dered to give his opinion as to the gem
uineness or falsity of the signature to
the will which gives w. |. Lippincott and
John Woolbeater Colbert's property and
which they are trying to get admitted TO
probate in the district court.
Will in Glass Case.
Seaver said that he had examined great
deal of handwriting, and then he was
asked to say whether he had studied the
pecuiarities of several signatures admitted
to be Colberts. He answered in the af-
firmative. He then testified that he had
examined the will signature, and the will
was taken out OF its glass case and At
torney General Donovan. for the state,
asked the following questions:
State in your opinion whether or not
the will was signed by the same person
that made the admitted signatures 7"
AT that point Attorneys Roote, Jones and
Smith made heroic effort to prevent
the witness from answering the question.
Attorney Smith interposed the objection
that the witness had not qualified to an
swer the question, and he questioned him
to substantiate the objection.
whats your business?" the attorney
asked.
Handwriting Expert.
I'm an expert examiner of disputed
handwriting" he replied.
did you ever know Colbert?"
mo, SIR"
"Did you ever see any of his hand
writing when nader"
mo- SIR"
Did you ever get letter from him?"
No. SIR"
did you ever see any of his hand
writing?"
"Not till I came here"
At that point Attorney Jones arose and
objected that Seaver's proposed testimony
was incompetent and irrelevant on the
ground that the expert had no knowledge
of Colbert's handwriting other than that
gained by study of signatures admitted
to be the latter's. The matter was then
argued by the lawyers for the proponents
and the attorneys for the state, Attorney
c. +. Kelley and Attorney General Dono-
van. for about an hour.
Mr. Jones read from United States
supreme court decision, in which it was
laid down that where witness had no
other knowledge of disputed signature
other than that gained from comparison
with other admitted signatures he was dis
qualified from testfying as an expert.
Told Jurors to Keep Sober.
Judge Clancy excused the jury while the
argument was in progress and sent them
out of the courtroom with the admoni-
tion not to get drunk. When the wordy
war was over he permitted Mr.. Seaver to
answer the question and the expert gave
the answer above quoted.
Scaver then proceeded to give the diff
ferences in the handwriting OF the will sig
Continued on Page Three.)