Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-03-14
ATTORNEY ON THE STAND
RUTHERFORD ADMITS HIS SIG
NATURE ON CnECK, But
CAN'T ACCOUNT FOR m.
CRAYS0H IN The SAME FIX
Says Handwriting l. His, But Denies
lie Wrote It-Sapulpa Lawyer
Would Assault Reporter.

From ten O'Clock yesterday until
o'clock last night, the blood heirs.
through their score Of attorneys bat
tied with the attorneys representing
William Grayson, the government In
dian interpreter, who was the chief
beneficiary seeking to break down the
viii Of llilly Hayes, nee Bear, an aged
Indian woman. who died last August
in SapVlpa, leaving the bulk of her
estate, 80 acres of valuable oil produce
ing land, to Grayson, who was Of no
blood relation, cutting off her hus-
band with s., and her other blood
relations almost penniless
When court adjourned last night
the attorneys representing Grayson
had rested their case, completing
their evidence with the eXcusing of
Grayson himself from the witness
stand. Today the attorneys represent
ing the contestants will endeavor to
produce evidence to break down the
claims forwarded by the other side,
in favor Of the will going to probate.
The case was originally tried in the
county court, Judge Gubser holding
that the will was regular and should
be prObated. The contesting heirs ap-
pcaled TO the district court
Theory of the Contestant.
The theory of the contestants, is
that u conspiracy existed between
Grayson. Attorney James b. Ruther-
ford, who drew up the WILL and the
witness to the WILL Abe Crawford, a
Sapulpa banker, and Judge w. w.
Hyams of Tulsa, United States COM
missioner. They also assert that dis
trict Indian agent j. IL. n. Cobb for
merly Of Sapulpa, is implicated in the
conspiracy
According to the evidence put for
ward by the Grayson witnesses Hilly
Hayes. died on September |, 1911, af-
ter making will the day before, at
the home of William Grayson, in Sa-
pulpa, leaving the larger part of her
estate to Grayson They showed by
evidence, that the will was drawn up
at the woman's request by Judge
on August 20, was read
glish, by Nicey Phillips. another In
dian who could speak both English
and Creek.
on the same day that Rutherford
signed the will for the woman who
was confined to her death bed, and
she is alleged to have put her thumb
print on the will. The next day Unit
ed States Commissioner Hyams OF
Tulsa went to Sapulpa and signed the
WILL following which Crawford and
signed as witnesses. on
this occasion, the will was interpret
ed to the deceased by William Gray
son.
Rutherford Endures Siege.
The first witness on the stand yes
erday was Miss Mabel Young, stem
ographer of the county court, who
was used only to identify the manu-
sript from the lower court. Attor- /
hat owing to the illness of Mr.. Craw-
lord he could not be in court, and
his testimony in the lower court was
cad from the record. lie corrobo- /
'ated the former theory Of the plain
lff.
Attorney J. b. Rutherford was the
first witness to take the stand He
started his testimony at 1890 and .
vas excused at o'clock In the after
loon, after n severe grilling on cross
he will as detailed in the lower court.
IN cross examination by Attorney
frank Smith. he was asked why he
hose Nlcey Phillips as an interpre-
err, when he could have procured 9TH
RS. He replied that the woman was
he easiest to get hold Of.
The first intimation of the contest
.nt's theory Of the case was shown
when he was asked how much he
aid Judge Hyams for witnessing the
viii. He replied that he was paid $40
nd expenses. The latter amounting to
ne dollar.
He Can't Account for II.
rutherford was confused in the fol-
s'vlng questions regarding how much
a vfs paid for drawing up divorce
,eslton for the Hayes woman and
ow niech fr drawing mp the will. He
aid he vas paid In two cheeks. one
ated August IS. signed by Grayson,
or IIiily Hayes for S1OO for draw
ng up the divorce papers and the
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