The silver state news. [volume] (Winnemucca, Nev.) 1907-1909, 1907-10-24
CONTEST OVER LAST
WILL NOW IN COURT
Theodore Kytka, Noted Handwriting Expert
Will Testify at Trial Now on
Under Judge Pike

Attorney Warren in reply in a mea-
sure of invective bitterness and with
considerable sarcasm, and init
nation of fraud and deceit on the
part of the counsel for the contestant
presented reasons why the case should
not be continued. Judge Pike then
denied the motion for a continuance
and declared a recess until Wednes-
day morning.
Wednesday morning the selection
of jurors began and yesterday after
noon twelve men had been secured to
try the case.
These men are o. p. Graadin, N. G.
Henderson, H. l.. Darrah, VIM. Loorz,
Martin Kofed, Stephen Ferraro, NJ
McGregor, Geo. G. Stoker, Chris
Beck, Hans Kruse, w. w. Van Reed
and A. w. Guthrie.
The entire venire of jurors was ex-
hausted in securing the twelve men,
Attorney Warren then made the
opening statement for the proponent
to the case. He stated the history of
the case at some length, leading up
to the final events in the life of the
late Sol Schubener, and the making
of the final document which is the OBJ
ject about which the contest now
centers. Witnesses, he stated, would
be produced to prove the validity of
the will-competent men, able to
judge of such matters-witnesses who
were present when the document was
prepared and signed.
Attorney w. s. Bonnifeld then read
the statement for the contestant. He
told of how the estate in litigation
had been accumulated, and of the
important part in the matter taken by
the contestant in advancing funds for
the deceased, in building up the Schu-
bener business at Denio and Puebla
lie called attention to the rapidly
growing infirmity of the mother and
stated her need of part of the es
tate left by her son. He told of the
proof that. would be presented, show
ing the love and gratitude, always
born by the late Sol Schubener, and
OF the latter's often expressed inten-
tion of leaving half of the estate to
his mother in case he should die be-
fore she did. He told Of proof that
would be presented to show that in
the final moments of the deceased's
life, when he was wrecked by his
fatal illness and when he was in an
unsound mental condition, that in
ducements and persuasion and unlaw-
full things had been resorted to to
have the will made.
The witnesses for the proponet are
Marion Nofsinger, who was at the
final bedside of Sol Schubener and is
witness to the n lking of the will:
Mrs. Annette Schul cner, wife of the
deceased; her sister, Mrs. Samuels.
and brother, Mark Samuels, of San
Francisco, and DR.. Mangan of Winnie
mucca, who attended deceased.
! Most important of the contestant g
witnesses is Theodore Kytka, hand
writing expert of continental renown.
Mr.. Kytka, according to the affidavit
OF Moses Schubener, has examined the
will, and it is presumed that he has
visited the office of the clerk of the
court since the filing of the will and
there examined the document.
Other witnesses are the contestant,
Mrs. Pauline Schubener, and her son
Moses Schubener, and DIR. w. L.
Samuels of Winnemucca
Upon the opening of the case this
morning Mrs Sol Schubener was call
ed to the stand and examined. Her
testimony as given was of no material
Importance and she was not question
ed as to the making of the will, she
not having been present when it was
signed.
Marion Nofsinger, second witness
for the proponent was called. He was
shown the will and testified that he
wrote the body of the document him
self, that he had seen Sol Schubener
sign it, and that he had written his
own name subscribed as one of the
witnesses to the signature of Sol Schu-
bener. In cross examination Attor-
ney Bonnifeld went into details re-
garding the making of the will and
questioned the witness most minutelv
as to the different writing embodied
in the will. To all of these question
the witness answered in straight
| forward manner.