Omaha daily bee., 1909-02-02
WILL CASE AWAITS BISHOP
Connor Hearing Continued to March
for Scannell's Testimony.
ENGLISH OPPOSED TO THE ACTION
Refers to Bishop a. Most Interested
and says He Knew what Tes-
timOny wouId Develop
in the Case.

The Conner will case is postponed to
March ], to await the return OF Bishop
Scannell.
At 2 o'clock Monday afternoon Judge
Leslie announced a decision granting the
CONTINUANCE. He was willing to allow the
attorneys the alternative of agreeing as to
what Bishop Scannell will testify to when
he returns, but the counsel were apparently
not able to agree. c.. j. Smyth stated that
they expected to have the deposition of
Bishop Scannell taken while he is i'm Ire
land, and thus shorten the delay. Attorney
English, for the heirs, insisted that IL a
continuance were taken It should be until
the bishop is able TO appear in person, and
Judge Leslie expressed a willingness Ia
grant further time, II Necessary. So the
continuance goes, the date of further hear
ing depending on the movements of Bishop
Scannell.
When the case came up before Judge
Leslie Of the county court Monday
morning. Attorney Smyth, for the trus-
tees, give the case a new twist by a mo-
ton to postpone the hearing until the first
Of March with the purpose of securing the
testimony of Bishop Richard Scanned upon
a vital point. Attorney English for the
heirs, stoutly resisted, and Judge Leslie
took the motion under advisement until
the afternoon. -
Says Bishops VIII Deny It.
Smyth declared in making his motion
that Bishop scannell will testify that Con-
nor never swore at him and that the oc-
casion when Common did get angry at him
was several years ago, long previous to
the drawing of the will, May 10, last year.
The point is regarded as most important.
II, as several witnesses have declared,
Conner showed anger at the bishop subse-
quent to the drawing Of the will the in
ference that he destroyed the document
gains strength, 1t was admitted by Attor-
ney Z. p. Smith in arguing the motion, he
going on to say that the court ought to
hear testimony which will show the con-
traTy.
Bishop Scannell knew what the evidence
would show declared Attorney English,
"for 1 sent for him and told him about it
in my own office. If he, who is the party
principally interested in the probating OF
the alleged will, chose to go way know
ing this, it seems to me that the attorneys
for the proponents are asking a good deal.
In fact, the bishop said to me that he was
going to Rome and we could fight the thing
out among ouselves. 1 had told him what
bearing this case would develop and told
him specifically what would appear. There
is every reason to believe and l don't think
counsel for the other side will deny that
Bishop scannell told them the substance
Of my conversation with them
Smith Deprecates AIIusiOn.
Attorney Smith next arose and deprecated
the allusion to the bishop as being the per
son chiefly interested. The bishop is the
chairman of the board of trustees named
by Connor to administer the $400, 900 be-
queathed for parochial schools. smith went
on to reflect on the testimony which estab'
lished the conversation as being after the
drawing of the will saying, w could not
know that the date would be so nicely
putt s.
Argument over the motion was the prin,
cipal business of the morning session.
Pending Judge Leslieis ruling the respon
dents began the introduction Of evidence
A good lead of the testimony for the heir
has not already been brought out by the wit
nesses called by the lawyers for thu
trustees. Captain Mostyn was first calleC
and told of searching vainly for the will
after Connor's death.
Mrs. d. j. Lamb had been called agail
as the last witness for the proponents
One question asked her was about the ag
of her son, Vincent. The witness coul
not remember the year of birth at the time
partly was because she was temperate,
confused. Her own explanation was: "Wel
I have five or six children and l can
always tell exactly"