Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-09

needless to dwell in detail on her
life as a girl and woman. 1t is such
as to entirely discredit any statement
she might make on any disputed
question of fact.
The will is dated November 21.
1903, and Knox testifies that he went
into Young's hardware store to buy
something, and that Young called
him to sign as a witness. The evil
dence shows that Young did not pur-
chase the store until early in Decem-
Der, rendering It very unlikely that
he was there in charge at the date
Of the supposed will. Witness Stagg
testifes that he sold the business to
Young early in December. The testi-
mony of Knox is vague and uncer-
tain In many particulars. He stated
to Hall and Watts that he knew
nothing that would be of benefit to
either side, which, If his present tes-
timony is true, was an absolute
falsehood. It is in evidence that
Young disliked Knox and warned per-
sons to have nothing to do with him,
as he was fool and dishonest.
Ragle's name is written on the docu-
ment by the same person who wrote
the body Of 1t, and what purports to
be his mark appears on the instru-
ment. He was an illiterate, unrelia-
bic drunkard The evidence shows
that Hall was constantly in the store
until the spring of 1894, and it Is in
conceivable that Young, who was a
careful, prudent business man would
have passed him by to select men,
one of whom he thought dishonest
and a fool, and the other a drunken
sot, who could not write his own
name, to witness the most important
document he had ever executed.
There is usually some sentiment
which comes to the surface when a
man sits down to execute his last
will. He generally calls on his near
est and closest friends to witness his
signature and selects persons who
are reliable members of the COM
munity and whose word will be re-
ceived when hs own voice is silenced
In death. He deposits it in the Gus
tody of some reliable person and
tries to make sure that it will be pre-
served. But proponent would have
us believe that James w. Young did
none of these things. In the light
of the evidence we would be COM
PEELED, in order to sustain this docu-
ment, to believe that, disregarding
the care and attention that he de-
voted to the preparation of his ffrsi
will-the one drawn up by Parks
he chose to write his own will with
a pencil, upon scrap of paper, and
gall in two of the most worthless
characters in the community to wit.
ness it; and this in the face of the
fact that the will regularly drawn uI
by Parkes was then in existence;
that he deposited this document witt
some unknown person who had mo-
the decency to declare its existence
or to disclose him own name; that hC
made no mention of his prior will
and did not destroy it, and told none
Of his intimate friends that he hat
made a second will. In view Of hii
careful business habits this is in
credible. Della Staceys account o
the execution of the will is full o
improbabilities. She testifies tina
she, her father, Norman Young
Knox and ]. w. Young were in tn
store of ]. W. Young at Weston
that she was then about II years O
age; that Young called her fathe
and Knox to witness on paper an
then they asked him what it was, h
said, well, If you must know 1t |
my will" then he signed the pape
and handed it to Knox who signed 1t