The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-21
WITNESS BROKE DOWN.
DID Not Know She Was Witnessing a
Will at the Time


Oklahoma City, April 2o.-There wa
great excitement in this city when I
viii, OF the late D.-J Spencer, who's,
estate is valued at $4,000, was presentei
for probate about ten days ago, in wnicf
all his property was bequeathed to Ms
Cartwright, the keeper of a boarding
house in this city. The matter, how
ever. seems to be clearing up, as the
following account of the proceedings in
the probate court yesterday will show:
John Wright, ex-city attorney, has beer
retained by j. y. Spencer, brother of the
deceased, and I. NJ. Holcomb, admins
traitor of the estate, to contest the will
presented by Mrs Cartwright. AS is his
custom in such matters, Mr.. Wright
moved quickly in this matter, AMI on
Monday Mrs. Mary Bentley, whose nam.
is attached as a witness to the document
presented for probate, was summoned
before the probate judge to give her dep
osition In the case. During a temporary
adjournment the witness disappeared and
for a time could not be located and an
adjournment was again taken until yes
terday morning, when the witness was
produced in the court room and held in
restraint during a portion of the day.
When placed on the stand for exam
ination Mrs. Bentley said she resided at
room No. 3. at 20112 West Reno avenue.
where Mrs. Cartwright conducts a pri-
vate hotel. Witness said she was a cook
and had been at Mrs. CartwriSht's place
for about four weeks, and had known
that lady since July.
The witness was shown the instrument
purporting to be the will of the late ID.
J. Spencer. and said she had signed it
on Thursday week ago. in Mrs. Cart
wright's room, No. 4. She said no one
else was present in the room at the time
excepting Mrs. Cartwright and herself.
Asked how she came to sign the docu-
ment, witness said it was because Mrs.
Cartwright had asked her to do so.
Attorney Wright-What did she tell you
It was?
Mrs. Bentley-She asked me if I would
sign it in the way of seeing Spencer in
her room. and / signed it.
Mr.. Wright-Did you read it over?
Witness-No.
Mr.. Wright-Did she read it over to
you before you signed it?
Witness-No, sir.
Mr.. Wright-And she told you it was
an instrument seeing Spencer in her
room?
Witness-Yes. sir.
Mr.. Wright-Yes, sir; until Lawyer
Mitchell came up there, about week
and a half ago.
Mr.. Wright-Did he come to see you
about it?
Witness-Yes, sir.
Mr.. Wright-What did he say about it?
Witness-Well. he told me what to
come up and say. I don't want to tell a
story in court. 1 don't remember hardly
what he did say
The witness then told of having con-
yersation with Mrs Cartwright in the
latter's room about a week ago. saying:
Mrs. Cartwright told me to tell that
Spencer called me 10 sign that will. and
/ told her l would, but I'm not going TO
do it."
Mr.. Wright-Did she offer YOU any in
ducement to make that statement?
Witness-No; but she said that | should
never want for anything
Mr.. Wright-Did she make any state
ment about taking a trip?
Ath'SS-1 eS- SIR SDe SAID we would
go TO the worlds fair. told her 1 didn't
want TO go
Mr.. Wright-You say you have been
rooming al that place about month last
Thursday?
Witness-A month last Thursday and
several different times
Mr.. Wright-When did you room there
last before that time?
Witness-A part of November and a
part OF December.
Mr.. Wright-Last year?
Witness-Yes, sir.
Mr. Wright-You are positive il was
a week ago last Thursday night that Won
Signed that statement?
NitneSs-YeS sir.
On account of Mr.. Mitchell. Mrs. Cart
wrights principal attorney. being absent
from the city. the request of Messrs
Snyder and Clark. who are retained 10
assist Mr.. Mitchell, that the taking of
depositions be postponed until this morn
ing was granted
Judge Harper thereupon made an or
DER placing Mrs. Bentley under hond of
sloo for her appearance in court TODAY
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