Waterbury evening Democrat., 1908-06-13
EVIDENCE ALL IN
Attorney Williams Argument
 Continued TilI Monday.

| that the hearing closed Witn pahS mid a storm of objections from l counsel for the will. Toward the close of the trial a young woman
 was ushered into the court room by Constable M. F. Car mody and those who knew her sur | missed at once that counsel for the appellant, Mrs Margaret Whalen, } | sister Of Mrs Killoughey, had a l surprise in store. This young wo- man was Miss Mary L. Killoughey niece of Mrs Killoughey. Late in the afternoon Miss Rose A. Clarkin, stenographer in the Of | flee of Judge R. A. Lowe, who drew l up the first will for Mrs Killoughey | took the stand and told how Mrs Killoughey came into the law office and made her will and how it was paid for by Father Gleeson. Then Attorney James M. Lynch took the stand. He testified that he drew | the second will for Mrs Killoughey and how he came to draw 1t. He said that Father Gleeson sent for hin, and told him that an old lady
 named Mrs Killoughey living on James street wanted to see him about drawing up some papers. Not caring to go alone, MT Lynch asked
 Father Gleeson to go with him to | the house and together they went the next morning. After the clergy man had introduced Mir Lynch to
 Mrs Killoughey he said that she | wanted him no more and would leave them alone. And then he left l the house.
 Mrs Killoughey then took me l into another room," said MT Lynch, land said she had made her will
 some time ago but was not satis- | fled with it. I told her that if she was not satisfied with it she ought | to draw up another. I asked her first what. property she had and she | said she had two houses and some l money in bank. I asked her if she had not some relatives to whom she | might wish toleave some. ofher prop erty and she said Yes, she had the | Killougheys but they were of no
 use to her and she did not care for | them. She said she would prefer to leave all her property to Father Gleeson for St Patrick's church, af- | ter leaving some to some other clergymen.
 "I told her that she could not | give all of her money to priest for masses for I knew something about | those things and knew that the | masses would have to be said within
 certain period and the number of masses Mrs Killoughey was provid- | ing for could not be said within this period, unless, as I told her that | Father Gleeson would distribute the
 money among clergymen of the dio- cese She said she would leave $500 for masses for herself and her fam | fly, and after leaving some to the curates who were in the parish once, | the rest was to go to St Patrick's to
 be used according to best judgment l of Father Gleeson or whoever would | be pastor.
 q prepared a draft of the will
 and read it to her next day. She did not like a part of it and suggested some slight changes. So redrew
 the will and on my way to the l house to read 1t to her next day
 met some men whom I knew on the
 way and had them come to the | house with me to witness her sign ing it, and they signed 1t in the pres
 ence of Mrs Killoughey and of each
 other. She was then mentally sound"
 Cross examined by Attorney | Church, MT Lynch said he did not | know of the old lady's disposition | toward her relatives until then. He l did not know her by name but only | to see her. This closed MT Lynch's | testimony and rebuttal began. Attorney Church, turning toward
 the public seats, pointed his finger | in the direction of where the young
 woman above referred to was seated
 and saying Miss Killoughey, take the stand please" that young wo-
 man arose and was sworn. She said
 she is a school teacher living at 437
 East Main street, that she was a
 niece of Mrs Killoughey and was visiting her in October, 1906. Did she ever ask you to go to Fa- | ther Gleeson and get her bank
 book?" she was asked by MT
 Mir Church.
 'T object" said Mir Williams. ris- | ing from his chair. Then followed
 arguments for and sgalnst the ques- ton being allowed. After the storm
 between the lawyers was over the
 court allowed the question and Miss
 Killougney answered:
 "She did.
 Did you get it." Another objec- tion was entered and once more the
 lawyers went at if and again the
 court ruled for the appellant, and
 Miss Killoughey answered:
 'I did not; he said he would at-
 tend to that himself"
 What was his manner when he
 was making that answer7" And
 again the lawyers spat fire and af- ter peace was restored the question
 was ruled out as irrelevant.
 What did he say, then?" asked
 NIT Church.
 He asked me who was and I ] told him that I was Mary Kiliough-
 ey. a niece of Mrs KiIloughey."
 Were you visiting at your aunt's
 at that time7
 'T object" said Mir Williams quite vigorously and once more the
 lawyers walked into each other. Mir
 Church claimed the question 10 con-
 tradict certain evidence to the ef-
 feet that Mrs KiliouEhey had told
 Father Gleeson that she did not send anyone for her hank book or.
 in fac. that she wanted 1t. but that
 a girl stayed with her one night and asked her to changs her will. The question was allowed and an excey-