Norwich bulletin., 1922-03-30


Augusta l.. Luther, widow Of Capt. Jo-
scph Luther, of New London.
Attorneys for the appellants and APP
pellees struggled and argued at the al
ternoon session. of the court oyer hypo-
laAkA,al question VIII n Attorney Charles
II waller counsel for. the appellees.
wanted TO. put to DR.. Max Mailhouse Of
New Haven, as an insanity expert
Attorney Waller had q question pre-
pared, which covered six typewriter
pages. from which he wanted to ask the
opinion of DIR. Mailhouse as to whether
Mrs Luther. was sane or insane. At
torney C. Hadlai Hull, counsel for the
appellants, objected to- the form OF the
question and the jury was excused Whine
the attorneys argued over the admisst-
bility Of certain parts Of the question.
The court took the question under ad-
visement. @
Executor CrOss-examined.
David F. Armstrong of Groton, execu-
tor Of the will, which relatives OF Mrs.
Luther are trying to break on the ground
of mental incapacity and undue lnnu-
ence. was on the stand for cross-exami-
'nation by Attorney HUH when court
opened Wednesday morning.
In his direct examination Tuesday af-
tsrnoon Mr., Armstrong told Of his visits
to the home Of Miss Julia Sistare in
Broad street, where Mrs. Luther was
overtaken by her fatal illness and where
she died. He said that the last visit he
made there was on April H., when he
was told by Miss Lima Beckwith, the
nurse, that no one was allowed to see
Mrs Lather.
When he took the stand Wednesday
morning he was asked what was said
when he went to Judge Calkins' house
with Joseph Smith, End, with a tin box
containing tho Luther will and he replied
nothing"
When asked if he did not act as chauf-
feur for Captain and Mrs. Luther be-
tween the years 1908 and 1915, Mr.. Arm
strong said: It's an honorable position,
Have ycq got any Feeling about it?"
inquired At,o rney Hull to which Mr..
Armstrong replied that he had not and
answered the question in the afirma-
tive.
The witness, was asked how he hap
pened to go TO the Ship and Engine Co
for b position in 1915 when he returned
from New York, and he replied that he
"just went there and applied for a posi-
ton" He would not admit that he had
had no experience as a craftsman.
Mr.. Armstrong admitted that when he
returned to New London in 1918, he
found that Charles Maxson was driving
the Luther automobile and that he (the
witness) began to drive for the Luthers
in August. 1917, more than a year la
ter. rt..
"If you were such a favorite with
Captain Luther that he was willing to
adopt you as son, why didn't you start
right in. driving the Luther car again
after your return :" the witness was ask
cd hat ha
about driving I had driven thousands
OF miles and / was working every day
ana three nights a week" and he guess
ed that Captain Luther knew that he did
not care about driving.
Mr.. Armstrong said that Mr.. Maxson
went to war in 1917 and he admitted
that he did not He said that he was
given classification in the draft as an
employe in war work. The witness said
that after Maxson went to war, man
named Dolbeare drove for the Luthers
you weren't asked to drive the Luz
Their car evene after Mr.. ,Maxson went to
war. then, were you?" Mr.. Armstro ns
was asked and he Admitted that he was
not and he was asked to explain why
he has not been to which the witness re-
piled that Captain Luther knew that he
was busy and that he did not care to
drive He admitted that he used to call
at the Luther home quite frequently and
that he was very friendly with the Luth-
eTs.
Mr.. Armstrong denied that there was
any deal between him and the Luthers
whereby if ne drove for them, his wife
| and child were to go on the trips, all
though he admitted that his wife and
child went on every trip except one. He
denied that there was any understand
| ing with the Luthers in this respect.
Got No Pay For Driving.
The witness admitted that he never
/ got any pay for driving and that he
never got q cent for all the work he did
| in overhauling Captain Euther's car dur
| ing the several years he knew him and
drove for him. 81 didn't LOOK for any, -
| he said.
Mr.. Armstrong testified that he didn't
remember Capt, Luther ever saying that
he would like to adopt him for a son
and he ould have remembered 1t had he
said IT, The witness said that he haA
| had a talk with Mrs. Luther about it
and that Captain Luther and Mrs. Arm
strong we're present. He said that Mrs.
Luther brought UP the conversation
! "'twasn4 me-" and he admitted that
Captain Luther did not say a word at
the time.
The witness. said that he never gave
the matter any consideration /" and y
knew that he couldn't have done IT. and
my people wouldn't have stood for It,"
Mr.. Armstrong said that he did not
know that Captain Luther had quite a
lot Of money at the time Of the CONVEX
sation which took place a short time be-
fore he died.
you knew he Rad lot Of boat prop.
srty didn't your asked Attorney Hull
and the witness admitted that he did.
You knew it would be a pretty good
thing for you II he adopted you as hii
son, didn't your the witness was ask
ed #s-
II didn't consider the matter" replied
Mr. Armstrong. 7s- g.
You knew you would be his heir 4
he adopted you. didn't You y
Didn't Know He'd Be Heir.
no, l die not know" was the an
swer 5of
You knew that Captain Luther hat
neither chick nor child, didn't your" In
quired the attorney. sAnd you knew
that Mrs. Luther was estranged from
her family; didn't your" to which tn
witness, replied in the affirmative
Referring to his visits to Miss Sistare'
lnuse during Mrs. Luther's. illness there
Mr.. Armstrong said that the last tim
ne went there was on April Is and he de
MED that itsswas April 1S. a, He testife
! that Mrs. Lewis was with him on tina
day and that he called for her at he
rome and they went to the Sistar
, house together. They were met at tn
door by Miss Beckwith, who told Their
that mo one was allowed to see Mr..
Luther that day" but the witness ad
Tzitted that they walked right in"