The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-27

did you not TESTIFY IN the PROBATE couI.
that you could sell that piano for $4O?''
Il didn't know anything about pi-
AMOS
Answer my question
Il might have said that"
land you testified in the probate
court that the furniture was worth sI5,
sOh-h. exclaimed the witness.
Isn't that what you said?''
ignoring the attorneys question,
Mrs. Osenberg turned to the jury
pIeadingly and said in spite of the
courts attempt to return her TO the
REORGANIZATION:
II want the jury to go down and
see that stuff. That's the best way.
want to take the jury down to see it.
1 am willing they should see every
thing
seWiIl you please only answer ques-
tions." interposed Mr.. Larimer, land
tell me whether you did not leave that
rocker out on the porch Tor Two years
and if that isn't the reason 1t is old
and weather beaten?
"Can I ask a question? - pleaded the
witness.
At this point, the defense offered in
evidence the deeds to the three houses
and the will of Mr.. Moore with her
signed agreement of satisfaction at
Nov please answer and tell me
what rent YOU get from the home
w
Il keep four rooms there for my
self" .,,a+
rent do you get?'
Seven dollars a month"
Glow much for the second house ?'
Seven dollars a month"
And how much for the third %
-Four dollars month.
Glow long have you rented these.
Nr MnOrp'S death 2''
The witness asked for glass of
water and her examination continued
"Do you know James F. Griffen.
executor of Mr.. More's estate
At have known him a good many
"Do YOU remember him coming to
the house shortly after Mr.. Moore's
death and reading you his will?'
"He came there but don't remem-
bar anything about Will.
Now to refresh your memory, didn't
he come down to make you acquainted
with the contents of that will?"
Il don't remember emphatically.
you saw the paper, did you not -
81 did not"
this paper there?'
u don't remember"
Your memory is good, is it not, Mrs.
Osenberg?"
Like most peoples, guess"
'If he did read it you would have re-
membered it would you not?"
II don't remember. So that settles
that"
s'Dfd you ever read this will?''
81 did not"
who were present when Mr., Griffin
came to see your
L don't know"
WAS Mrs. Smith (Mr. Moore's sis
teri there?''
She might have BEEN
You talked about the will?"
Il don't remember"
DO you remember one thing about
that visit?"
II do not remember
you say positively Mr.. Griffin was
there?"
He was
Didn't he say he wanted to make a
list of the furniture as executor of the
will and didn't you answer, Those
things are mine under the will?'
81 will say 1 do not remember"
ere. Mr., Atehisou insisted that am
other witness, Mr.. Frank M. Newman.
who wanted to get away to his bust
ness, be allowed TO go on the stand
while Mrs. Osenberg stepped aside.
This was allowed and Mr.. Newman,
who is a grocer at 1911 East Sixth
street, testified that Lee Osenberg
paid his own grocery bill as he had
said when on the stand last week.
Mr.. Newman produced his cash
book for 1906 and turned to accounts
of Lee Osenberg and said they had
been paid as well as parts of his
mothers accounts by his own checks
from the Santa Fe and by his mothers
pension checks.
This testimony was objected to re-
peatedly by defending counsel and
when Mr.. Atchison asked them to ad-
nit certain points, Mr.. Larimer re-
Piled: mo, We won't admit anything
that that man Lee Osenberg said now
or at any other time
The cross examination of Mrs.
Osenberg has not been completed.
DR.. Hunter of 1909 East Sixth street
testified that he had been called pro-
fessionally to treat Mr.. Moore and
that he never found anyone but Mrs
Osenberg in care of his patient.
J. P. Taylor, formerly a pianist
testified that he had gone down Satur-
day to estimate the value of the piano
and that he thought it was worth
about $40.
J. E. Stewart, formerly secretary
for the school board, testified that he
had often called on Mr.. Moore and
found Mrs. Osenberg in care of him.
On cross examination, he admitted to
taking Mrs. Osenberg to a number of
and that he never
called on Mr. Moore when the old man
was sick and confined to the hospital