Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-10

have got a place down below tnere
on the river just the same as Mr.
Wiebke, and got tired running back
wards and forwards and considered
that the best proposition was to go
down on the other place, and | didn't
have the papers for the other, and l
didn't want to run any risk at all, so
| thought would take the other prop
osition. which knew was a safe one. ~
In relation to the Hawkins contract,
William Forester testifies that Black
said to him "He had home at last
- . that he was going to give Mr..
Hawkins the papers just as soon as
! he got settled down. AS soon as
they got things Strengthened around
he would make out the papers and
they should have the place as long az
he lived-that is, they could have the
place after he was dead, as long as
they took care of him while he was
living"
Later Black told Wiebke that he
had the same agreement with Haw-
kins that he had had previously with
him.
Williams, who is a son of Mrs. Haw-
kins, testified that Black applied to
him to take care of him, and said
that if he would do so he would make
out the papers" that day, but would
keep a life lease; that he declined but
recommended, to Black, Mr.. and Mrs.
Hawkins; and that Black afterwards
told him that he was perfectly salts
fled with them.
The proposal, as Hawkins states it,
is as follows: Black said, "If you will
take care of me properly during my
life and see that am properly buried,
| shall turn that property over to you.
1t shall be yours But, before we do
that | would like to know that l
would be treated right or not, and I
would like to stop with you and see
if we get along all right or not for
a couple of weeks If we get along
all right, we will make the bargain
and agreement. If we don't will pay
you what you are out, and that will
end it,"
That he came the next Sunday and
stayed all night, and the next day said
1t was all right and that he was will
ing and ready to make a bargain with
us to take care of him. This was on
September 80, 1907 After staying with
plaintiffs for two weeks, they all
moved to Blacks place and he said
to plaintiffs, Nov this is yours. All
| want is just to be taken care Of"
Hawkins further testified: "He said
he would make out writings that
would be satisfactory to both parties.
turning the property over to me; that
he would want life interest in it;
that he would want to be sure that
he wouldn't be beat out of a living
while he did live. He simply wanted
life interest in the property and
when he was dead it was mine IF
is yours, he says, meaning me and
my wife"
Mrs. Hawkins testimony is substan.
TALLY the same as that of her husband
She testifies that when they moved
out to Blacks place he said: This
is yours. Everything here is Yours
You don't need to consult me about
nothing. All | want is care as long
as live and | feel that will get if
. We took perfect possession of
the place"
In answer to a question, on cross
examination, Mr. Hawkins testified
He said when we got out there and
were settled, We would come back TO
town and make out the writings
q "He wanted to protect himseIf2"
\. Yes he said he would make out
the deed.
Ihe foregoing is practically the
substance of the testimony as to the
agreement except that Mrs. Hawkins
testifies that upon his deathbed she
asked him if he was satisfied with
ms treatment and he answered "Yes -
1t viii be noticed that the last answer
above quoted is the only instance in
"nlch the word deed" is used and
men the word deed" is used and
witness as to the effect of the con-
than an attempt to reneat
N'a'A exact language. In the an
5Wer Just preceding it. in narratipg
tue same conversation, he gives If
SOU" we would come
PACK to town and make out the writ
oss,' and it is a significant fact that
WI all his conversations, as related
III 'ne testimony he never used fine
word iced" The witnesses all asroo
NAT he said make out the writings"
make out the papers: make out tbe
,Ereement' We think the testimony
'oe' not indicate that he ever intend /;
'o 10 make any conveyance which
Would tend to deprive him of the tilo
If possession of his property during
,'S me time. His intention was eyi- |
'eu'F to protect himself and hold tbo {
,u'P 0"nd' so as to secure proper I
'e''H'any and it, when he felt death f
NpFOU,Nug ha H,o,,I,.