Omaha daily bee., 1903-04-22
MILES WILL CASE UP AGAIN
Under alleged Later VIII
Ask for New Trial in Dis
trict Court.

GRAND ISLAND, Neb., April 21.-(Spe-
cial. motion fora rehearing In the
Miles will caseyhas been occupying the at
tention of District Judge j. r. Thompson
and the numerous barristers engaged In the
case all day yesterday and today, and this
evening the argument has but fairly begun.
There are present representing the claim
ants under the alleged new will Hon. J. l..
Webster of Omaha, 4. ). RingolskyA of Kan
sas City, Smith, p. Gault Of st. Louis, ex-
Governor Crittenden Of st. Louis, J. H. At
wood OF Leavenworth and Reyis & Revis OF
Falls City, and representing the claimants
under the old will, c. Gil1espi, r. Falcon
and Judge Martin Of Falls city.
The decision of the district court in favor
OF Joseph Miles. the claimant under the
old will, having been affirmed by the SUI
preme court, the claimants under the new
will are asking for a rehearing on the
ground that considerable new evidence has
been secured since the case went up on
appeal. When the case was tried the FIRST
time the claimants under he new or st.
Louis win had the testimony of two men
who had witnessed the new will, but did
not have any person who had read the will,
nor the testimony Of the lawyer h had
written the will, nor were they able to
pIONC II COnlculo VI lhO va AhC ACooAN
was that the proof was defective in two
respects; It did not then prove the st. Louis
will to have a clause revoking all former
wills and not sufficient proof to show that
the st. Louis will was Inconsistent with
the prior will.
The attorneys for the claimants under the
new will contend that in the decision OF the
supreme court every point Of law contested
was decided in favor Of the contentious OF
the contestants, OF the claimants under the
st. Louis will. with the exception Of the
points mentioned. They now claim In the
hearing for a new trial to have that neces-
sary evidence. The additional testimony
is that of the lawyer who wrote the will,
that OF the execution of the will by the tes-
tator, stephen B. Miles. in a hotel at st.
Louis, evidence as to the contents Of the
st. Louis will, the disposition Of the prop
erty to the different heirs, and fourth, evil
dence OF the existence of the clause In the
st. louis will revoking all prior wills. The
testimony OF the lawyer who drafted the
will, Paul F. Gadsden, is supplemented by
tina Of the stenographer who made a copy
OF the win on the typewriter and also by
the testimony Of Judge VIM OF st. Louis,
with whom Gadsden had a consultation at
the time, as to the particular will, and to
whom Gadsden gave some account OF the
execution Of the will. At this time Gadsden
was boarding with one Thomas l. Cannon
and Cannon testihes that Gadsden men
toned to him having written the will for
Stephen b. Miles. This all took place In
1897, more than a year before Miles died.
The claimants relate as a reason why
they did not have this testimony at the
fret trial was that they did not know Gads-
den had written the will: that Gadsden was
at the time in Mexico, having removed
thither, and that 1t was only through the
circumstance that in the course Of time
Cannon happened to speak to Judge Gault