South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-03-24
LAWYERS CLASH
IN WILL CASE
Examination of Bank Cashier
Brings Sharp Argument
on Evidence AdduCed.


across the counsel table I'm the cir
cult court room Friday morning,
when attorneys interested ia the Re
becca Wheeler will case. in which
certain heirs al law are attacking
the validity Of "A will made by Mrs.
Wheeler. differed as 10 what was adj
missable evidence.
Miss Harriet r. EIbel, one of the
devisecs under the will. cashier of
the St Joseph Loan and Trust Co.
which is executor Of the estate, was
on the stand. Questioning on cross
examination revealed the fact that
Miss Elbel was unable to recollect
the actual amounts OF money that
the decedent kept on hand during
the last three years before her
death.
81 will ask you. Miss Elbel. if
during the noon hour YOU Will re-
fresh your recollection at the bank
as 20 the amounts of money that
Mrs Wheeler had in the bank three
years prior 20 her death" question
ed +. J.. Lewis Meyer co-counsel for
the plaintiffs in the action.
Raises Protest.
A storm of protest greeted this
question
The defendants object" thunder
ed Atty. w. G.. Crabill.
State your objection" this from
Stewart MacKibbin. who is sitting as
special Judge.
1--WE object" continued Mr.. era
bill. "on the ground that this is not
proper cross examination. that Moth
ing was brought out on direct exam
ination as 10 Mrs. Wheeler's ac-
counts"
Anything that pertains to Mrs.
Wheeler's business affairs is prcpe-
here" responded Mr.. Meyer.
The objection was overruled.
ThereupOn a series Of hot shots be-
tween the attorneys followed. In
the meantime Miss El0el appealed
to Special Judge MacKibbin as to
what she should do.
Never mind the attorneys and
their Righteousness. admOnished the
special Judge Just read the ques-
ton. Mr.. Reporter. that Miss Elbel
may answer"
The witness said she would re-
fresh her recollection during the
noon hour.
Tells of Conversations.
on direct examination she told Of
numerous conversations that she had
had with Mrs. Wheeler pertaining
TO making out a list OF requests.
she spoke about leaving some
money TO the First Methodist church
and also 10 Bowman cemetery" Miss
Elbel testified. she also said she
wanted 10 remember Otto KnOblock
whom she said. had always been very
kind 10 her. And then she told me
that 1 was TO be remembered
protested, but Mrs. Wheeler turned
10 Mr. Rome Stephenson who was
present and said. she can't do any
thing il 1 put her in my will. can
she"
Miss Elbel also said that Mrs.
Wheeler had no lapses Of memory
and that she was not subject TO re-
peating the same thing over and
over again.
Testimony brought out heretofore
by witnesses for the plaintiffs reveal
ed the fact that Airs Wheeler was
subject 10 displays of temper. often
repeated things and had a poor
memory.
Banker on Stand.
Rome G.. Stephenson, vice presi-
dent OF the ST. Joseph County Saw
ings bank. was the first witness to
take the stand for the defense. Mr..
Stephenson acted "a attorney for Mrs.
Wheeler
According to his own statements
made on the stand, he advised her
in drawing up her will, and also as
sisted in drafting the codicil OF the
instrument. Mr.. Stephenson testi-
fed that Mrs. Wheeler consulted him
about bequeathing money 10 the
First Methodist church. the Bowman
cemetery and several other devisees
named under the viii
The strongest point scored by the
defense from Mr. Stephensons testi-
mony was the opinion Of the banker
that he thought absolutely that the
decedent was IN her right mind prior
10 and at the time Of drawing up the
instrument.
Property involved i'm the iquida-
lions Is valued az more than SOS. 600.
and much valuable business prop
erty is tied up pending the outcome
Of the court action.
The plaintiffs completed their case
Thursday morning at the close OF Or.
j. b. Berteling's evidence, which was
subjected TO rigid cross examiua-
ton. The case is expected 10 occupy
he attention of the circuit court UNI
IN the middle OF next week.
TO GIVE SEWING COURSE.
A course OF six lessons in plain