The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-12-11
A million
DOLLAR TOT
Mary Kingston's Crippled Foot
Is Main Poiiltsl In Million
Dollar Suit.
WHICH ToE7 THE L QUESTION
.----- --------
Title to Variable Texas Oil
Lands Is the Matter in
Dispute.
WHICH TOE? THE QUESTION
&c, Texas. furnishes

A special from Orange, Texas, furnishes
this interesting story:
on tho identity! OF an old womans Grip
pied too depends the title to million
dollars worth OF property In the Batson
oil district or this State. The toe was
introduced as evidence In the suit Just
tried at Houston, but the jury could not
agren us to Its gcnuinencss and the case
goes back to tho calendar for another
trial.
Twenty years ago Mary Kingston was
left widow with ono child, girl OF five.
and tract Of land on the Batson prairie
where she lived. The land was then
worthless piece of property, and Mrs.
Kingston abandoned It and removed to
Harris county with her little girl.
Shortly utter that she disappeared, DO.
gcrting the child, who was taken by
sister OF Mrs. Kingston who lived on the
Batson prairie near the abandoned Kings.
ton property a year or go later word
was received by this sister, from tho
western part OF Texas, that q woman
had died and been buried there who said
her namc was Mary Kingston and that
she had a sister and other relatives. III
Guiding q daughter, at Batson and IN
Harris county. .sll
About q year ago, following the oil de-
in that field oil was dicovered at Bat
son. and a. great boom III land ensued.
The abnnd oned Kingston tract became the
most valuable territory in that locality.
Mrs. Kingston's daughter had been
cared for and raised by her aun t. Whenl
the prairie tract came thus Into proml-
nence she had no difficulty n establish
mother, and an offer Of 81, 10000 was made
Ito her for the property. 8Ia.
n She refused +, 1t, 4 and sthe development
Of the territory put her In possession OF
some Of the finest wells IN the state.
There has been much: decline IN OIL values
during the past few month";, but Miss
Kingstcn's income from the property IS
at present. 81, 500 a month.
It is less than a year since the Batson
field CAME into prominence and when the
Kingston wells were at the height OF
their prosperity a bent and shrivelled old
woman appeared at Batson and an
inounced i tina she was the long missing
Mary Kingston, supposed to be Y dead
these twenty years, and that consequently
tho property was hers. .ss} /,
Miss Kingston has sold off parcels OF
the tract at#big prices, her title to the
property being thought beyond question.
If the claim o this old woman Were es-
stablshed ;the purchasers of the land
would Of scourse have no !ownershipSsi On
ii, and Nserious compl tons 1}at once once
arose. ~ 10 sSs ss
~ Miss Kingston denied the old twoman's
3assertions,sias did the aunt. Mrs. Buckles
and alt other rela tiveSf of Mary Kin gston
except: ole brother. Joseph Gersoi. He
took sides with the claimant II declaring
that he was Satisfied . that she was his
sister; Mary Kings tom ~,
Tho claimant said that she had been 8liv-
Ing In Ford Bend county. ever since she
disappeareds and had herself sent the
news that she had died II It had been her
Intention never to correct the belief that
she was dead, but having learned Of the
sudden wealth that had come through the
once worthless Kingston tract Of prairie.
she resolved to return to aBatson and
claim the property. as It was hers.
The case came up in court at the trial:
Mrs. Buckles on the witness stand made
the declaration that Mary Kingston had
had a crippled toe. having cut Off the tip
of the big toe on her right foot with an
axe when o girl. The nail had grown out
and down over the place where the tip
had been and turned under the end OF the
toe n. sg4 u 4 h
F.sIf the claimant was Mary Kingston
tho witness said, that mark Of identitica-
ton would still be present.
The claimant was put on the stand. She
said she had a cripple q toe, and removing
the shoe and stocking from her right
foot, proved her assertion sa
Il But the crippled toe she produced was
not8thc big toe Of the foot. twas the toe
next to the big one And It had not been
cut Off, but showed evidence OF having
been mashed off. It had no freak growth
OF nail. i$ .5s.
She declared that her sister had testi-
fled falsely as to the toe and the way she
had crippled 1t. The genuine crippled
Mary Kingston toe she said was the one
she was putting in evidence.
". She was sust stained In this by 10 seph Ger
son, who accepts the claimant5as his sis
ter. Mary Kingston, William Odle, who
married q sister Of Mary Kingston. swore
that tho real toe that Mary Kingston
crippled when she was a girl was the one
Mrs, Buckles had testified to. y
Upon this contradictory evidence the
jury could not come to an agreement
and no verdict could be arrived at The
Interests at stake are so great that unless
a compromise can be effected with the
claimant the case vii come up for retlial,
and that disputed crippled toe Is likely to
use up good deal Of the Batson oil field
/, In lawyers fees and costs before 1t Is
settled who has the title to that 81, oO0, 000
worth OF property.