Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1922-10-05

sisters stating that was their share
when in fact he was worth about
$4,000.
According to the testimony there
had been some apparent friction in
the family about the time of the
death of the mother. Mr.. Weidman
made the second will, he told, be-
cause the sister in Reedsburg gave
him bone and because he thought
size needed it more than the others.
Mrs. Richards has two children and
no husband. She has been obliged to
employ herself with her needle and
in other ways in order to have a
livelihood.
The information came out in court,
according to statements made, the
other three sisters are in comfortable
or more than comfortable circum-
stances.
An effort was made to show that
Weidman was always profane when
angry and also that he did not swear
until after he was taken ill.,
II was held that he never made a
bad financial deal, that he was always
alert as to money matters.
Goes to Wonewoc
At one time he went to Wonewoc
to see his friend John J. Shreve and
while there acted queer,-was not
able to sleep. The next day he re-
turned to Reedsburg, the host not
thinking it necessary to call an Off
Ger or to return home with him.
Exhibits Are Made
During the trial the will was on
display. A jack knife was also shown,
the knife containing the pictures of
Weidman and his favorite sister,
Mrs. Richards.
After he had made his will he told
Attorney E. F. Dithmar in Baraboo
what he had done, also related the
matter to others.
At one time an application had
been made by Mrs. Richards to have
guardian appointed for him.
Weidman told DR.. Jones before he
made the will that he intended to
leave three of his sisters out of it.
There were also many other items
in the testimony. Expert testimony
was given and legal points decided.
The attorneys occupied two hours
in addressing the jury.
The witnesses: w. H. Hahn, Mrs.
Critic Richards, William Rusch,
John Adam Beaver, j. ]. Shreve, Mrs.
Harriet Creider, Frank Thompson,
Mrs. Julia Creider, Mrs. Bessie Fed
iie, Lester Randall, DR.. A. c. Ed
wards. Henry Schleden, Norma Acott,
Roy Mepham, Irma Schultz, Ernest
Kirkpatrick, e. F. Dthmar, Charles
Mattice and DR.. A. n. Jones.
The Jury: James FitzsimmOns,
Theodore Brandt, w. A. Dwyer Hen
ry Mettel, c. H. Meyer, John Voeck,
Bertha Brennizer, Will Hamburg, Fos
John Richards, Henry Roehrs, Mrs.
ter Harrison, Daniel Nachreiner.
Specla1 verdict
After Judge Crosby instructed ne
jury the members retired to the jury
room to wrestle with the following
questions:
Eo.1-WaS the deceased Elmer E.
Weidman, on January 25, 1921, men
tally competent TO execute a will?
No. 2-Was the deceased, Elnler
wei Imam, induced to execute this
vucwritten paper dated January 20,
i5-l. by the unt Ie influence u his
sister. Mrs Rich ards, which deprived
him of his free will?
All four sisters were in court, the
three with their attorney, F. r.
Bentley. and the other, Mrs Richards,
i her attorneys, Bohn and Kjor-
stad
Not Decided "a County Court
rhe case was not heard in county
..ulL. When the will was presented
...,.e and a ju.y ~-manded, it was de
to trF - He issue on circuit
1urt as provided by the statutes.
tFrOnl dy'~ daul }
Ju-y FeJ9 To Aq~ee
After being out about eleven hours
n The Weidman will case the jury fail
eu 10 agree. Al II . CLOCK on odLuT-
day night Judge Crosby summoned
them to the court room and not hav-
.ng agreed upon verdict they were
dismissed. Nine ballots in all were
taken The first three were s to in
favor of sustaining the will After
oDper Saturday evening another
was taken and this was to for the
will. After that five more were taken
al being s TO 4 in favor of upholding
the testamf mt.
1t was held that no undue influence
was used because the sister, Mrs.
Richards, did not know the pro-
isions of the viii and had exerted no
persuasion in the matter. In the sec
ond place those who voted to sustain
the will held, Weidman knew what he
was doing in that he made several
other provisions in the will before
debating the clause in which his
lister is named Had he given every