Evening star., 1915-02-11
SAYS He DRAFTED WILL
ON HUTCH|NS' ORDERS
Attorney A. S. Worthington Testi-
fes in Suit to Declare Docu-
ment Void.
Says Testator Talked Nationally
at the Time, Indicating Who
Should Be Executors.

Attorney A. S. Worthington, who
drew the disputed last will of the late
Stilson Hutchins October, 1910, testi-
fed in the District Supreme Court be-
fore Justice Anderson and the jury
which is to decide the outcome Of the
effort Of Lee Hutchins to have the
document declared void as to the cir
cumstances which attended the signing
Of the disputed testament.
The witness, under direct examina-
tion of r. Ross Perry of counsel for
Walter Hutchins, who is opposing the
efforts of his younger brother, swore
that he drafted the will at the d1rec-
tion of Stilson Hutchins, and enat tne
dead financier read and discussed the
testament which bears his signature IN
an apparently rational manner on sew
eral occasions.
He told the jury that Mr.. Hutchins
was in bed. in an enfeebled condition
at the actual time Of signing the docu-
ment, but that he talked nationally OF
who should be his executors.
Steps for Legal Separation.
Early in the morning session corre-
spondence was introduced by counsel
for the caveatee relative to the steps
taken by Stilson Hutchins in August
1910, to procure a legal separation from
his wife, Rose Keeling Hutchins. The
correspondence was conducted on the
following basis: Mr.. Worthington
who was Stilson Hutchins' counsel at
that time. addressed his letters TO ms
client, and these communications were
in each case answered by Walter
Hutchins. who was with his father
throughout the period covered by the
correspondence.
In the letters from the elder son, Rose
Hutchins was invariably referred to as
"the woman" and repeated reference was
made to the ever-increasing improve
ment in the. health of his father. Re
ferring to Mrs. Hutchins. Walter wrote
HE never wants to see her again, ano
again, HE will hold out no brtbes. II
the woman is not willing to aceept pine nea
dismissal, the law must be called upon. .
Yesterday Attorney Perry introduced
letters written in October. 1910. In
which the chief subject of discussion
was the terms of pecuniary settiement
demanded by Rose Hutchins in regard
to the separation. These letters showed
that she demanded $1,000 month for
personal expenses; payment Of the rent
for her apartment in Paris. France;
payment of the taxes on her home In
of comparatively small debts. The let.
ters showed that Stilson Hutchins agreed
to most Of these terms.
Heated Passages Between Counsel.
The testimony of Attorney Worthing-
ton was interrupted for. considerable
period in the course of today's session
while counsel for the plaintiff and for
the defense yehemently argued a ques-
tion as to the propriety of introducing
"hearsay conversation" between Mr..
who was at that time Mr.. Hutch ms
for Lee Hutchins vigorously denounced
the purpose of counsel for the caveatee
in this regard. stating that he would
be delighted II they would call DR.. Nor
gan to the witness stand to testify
himself as to the conversation in ques-
tion. He asserted that he had not done
SO himself because of objections made
by r. Ross Perry Of counsel for the
caveatee to such course.
At this point Mr.. Perry moved that
the jury be discharged, alleging that
Mr.. Hogan's statement in it's presence
was prejudicial and improper. The mo-
ton was overruled by Justice Ander
son, whereupon f. II. Thomas rose and
vehemently denied the assertion Of Mr.
Hogan. and stated that the defense
would be delighted to have DR.. Morgan
called by counsel for the plaintiff.
Following this heated discussion, the
direct examination of Mr.. Worthington
was resumed and lasted till the close
Of the afternoon session. The cross
examination of the witness will be en-
tered upon tomorrow by Mr.. Hogan.