Evening star., 1926-04-26

proximately one year ago.
Blanton: Did YOU when YOU filed
a petition for his sister to have him
adjudged insane. and you appointed
as his guardian. notify the court that
his mother was living"
! t'enning: Have you the court rec
ords? l. said l would insist on Ques-
| tions regarding specific cases, to have
the court records present"
| At this point when there was an
| alteration between Mr.. Blanton and
Mr. Fenning regarding production OF
| the records, Mr.. Gilbert, a Democratic
member of the committee. asked the
chairman to "admonish the witness to
answer the question without evasion"
! Mr.. Fenning: Il have no recollec-
! ton at this time. The record will
make the facts clear"
! Mr.. Gibson remarked that the point
taken by MR Gilbert was we'll taken
and MI. Fenning replied, "Oh, yes,
! Rlanton: After YOU were named as
committee. did you not make a will
and try it before Judge Hitts?"
! Fenning: II didn't try the case be-
| signed the order
Frequent Alterations.
There was then another alteration
| between Mr.. Blanton and Mr.. Fenning
| regarding the proper phra seology Of
| questions.
| Blanton. in substance: Didn't the
| order you drew contain this charge
- There was another disagree
! ment over phraseology.
Blanton: You were authorized and
directed to have Philip Byrd make
will provided DR. White said he was
| cOnDetent to mako "A will9'
Mr.. Fenning continued his insistence
| that the records should be shown.
Chairman Gibson asked if MIR. Blanton
had this in writing, saying. the
writing would be the best evidence
you could have" Mr.. Gibson then
| warned Mr. Blanton that he could
test the recollection of the witness
but that il the witness could not re-
member ii was quite proper for him
10 ask for the record in order to re-
fresh his memory
Mr.. Fenning protested. "EIe has
seen the record, but doesn't bring it
here" Then, replying to Mr.. Blanton,
| he said: Il tell you | obtained an
| order of the court" Then. in reply to
| a series Of questions by Mr.. Blanton,
| Mr.. F'enning admitted that he drew
| the will, that his ward signed it. that
he vas in the hospital: but he pro-
leSled against the uuSStIOll, OH ndu
him judged insane"
Blanton: When you filed that,
didn't YOU ask permission from him
to disinherit his mother?'
Eenning: y do not remember the
allegation. request that the petition
and order be brought here i'll evil
dence."
Mr.. Gibson said. II am informed
that this file is before the veterans
committee.
I assume that if there are any
papers desired before this committee
we will endeavor to obtain them
Slanton: Who was executor of thai
will?"
Denies Blank In Will.
E'ennine. "Mv recollection is that
Byrd did not name any executor"
Blanton: "You left that blank
Fenning: 'You will not find any
blanks in that will"
In another series of questions as
| to whether this procedure was "un'
| usual" whether he had it probated,
| Mr.. Fenning replied that he had filed
it for probate, but that his recoliec'
| ton was it was not admitted.
Mr.. Blanton asked. WHY" and MIR.
F'erning replied that counsel from
Connecticut representing the mother
served notice that they were about 10
GO into court or had gore into court
in Connecticut and expected to secure
the appointment of an administrator.
Mr.. F'enning said he explained 10 the
counsel for the mother that ne would
jo;n with him in asking the court
nroyided the will be transferred up
there. Ia
Mr.. Blanton: DO you know he had
. ,oo+har hrot hars and three other
sisters
E'enning: II have known for years
that he had a number OF brothers ana
In reply to a series of questions by
Mr. Elanton. Mr.. F'enning said.
can't remember or Il refer you 10
the record" He said that he had not
examined that petition since II WAS
filed and had not seen it,
,rhe hearing dragged along. with
manv questions asked which did not
ceem TO bring out any very material
argument in the opinion OF the
audience.
Saws Will Is Evidence.
Mr. Blanton asked Mr.. Fennins II
ba remembered the Shauter case
Nr Fenning corrected the spelling
saving it was "Sauter." and empna-
sized that this was about 10 years
ago. In reply TO a series OF Ques-
tions. he said that he knew Mfs.
Mary Ellen Sauter and tnat ne ure"
bar will before she was adjudged IN
sane. Mr.. Blanton asked questlo1s
along this line: Not until after her
daughter invited her down mere anu
DIR White went to see nef! Mr.
Eennine answered: II do not know
ask me about what he dld
Nr Rlanton asked: I'm her VIII
sha disinherited all but that one
daughter?' 4
Mr.. Gibson interrupted TO say that
tho will would be best evidence. Mr.
Rlanton protested that he was inter
rooatine to see how much MT. rem
ming knew or remembered. Mr. rem
ming said: 81 am entitled right mere
ia state that the will contained TINS
information and should be produced
hare Mr. Blanton protested tnat
the witness shouldn't be allowed TO
t.ke nm his time for cross-exam1na-
tion in lengthy explanations but that
the committee should allow Mr.. FEN
ming planty of time. five days II neces-
! sarv. later to explain.
Gives "Best Recollection"
Mr.. Gilbert then offered a protest,
ue said that Mr.. Blanton had the
right to test the memory of the Wit.
ness but when he was asking wha1
naners contained the witness had
| right to ask that the papers be pro-
duced.
Mr.. Eenning then explained that
according to his best recollection the
win provided that after proper burial
| with the rites of the Catholic Church,
If Mrs. Sauter had been supported by
any one of her children, that one
should be reimbursed and that any
remainder Of her estate should be
equally distributed among her chill
dien; that she had not been supported
he, opy one child and the estate was