Evening star., 1948-11-13
Patterson Will Case
Dispositions Continue
With Press Barred

The taking of testimony in the
Eleanor Patterson will case-inter-
rupted by trip to COURTS under
way again, with reporters barred
from attendance.
by opposing counsel after arguments
yesterday before Judge James w.
Morris of District Court.
Opposing counsel in the will con-
test involving the $16,500,000 estate
of the late Times Herald publisher
came into court, after William A.
Roberts, representing the will con-
testant, decided he would not ques-
ton a witness with reporters present.
Mr.. Roberts asked the court to
sign an order which would exclude
the press from al LESSONS at which
witnesses give testimony before the
trial.
Argues Against Order.
Louis A. Caldwell, representing
Mrs. Patterson's executors, argued
against an order covering all future
witnesses, one of whom is Mrs.
Felicia 1Gizycka, Mrs. Patterson's
daughter, who is trying to break
the will.
Mr.. Caldwell declared that, at
present, there are two avenues Of
comment unrestrained." He iden-
titled these as Columnist Drew
Pearson and The New York Star.
Arguing that some dispositions
might not be filed and thereby made
public, Mr.. Caldwell said the depo-
sitions were IAN avenue of answer"
to the statements made by the
,columnist and the New York news
paper.
Mr.. Roberts repeated an earlier
assertion that he had not furnished
information to either Mr.. Pearson
or the New York Star. He said
further that all dispositions would
be filed or the court would be asked
to seal" some of them so that they
would not become public before the
trial.
Court Urges Agreement.
Judge Morris said he did not have
the slightest intention of curtailing
newspaper comment. He said that,
If opposing counsel reached work
ing agreement. they always could
come back into court to have the
agreement modified in specific cases.
He said he believed there should
be an agreement that, until deposi-
tions were completed, corrected and
filed, no publicity should be given
to them.
IF you can't agree" he added,
II will make it an order, but think
on reflection you will agree"
Mr.. Roberts and Mr.. Caldwell
then agreed that no dispositions will
be released until they are filed in
court or until their agreement is
modified.
The question of how much infor-
nation should be given to the press
cropped up earlier this week, when
Mr.. Roberts started taking deposi-
tions as counsel for Mrs. Gizycka.
The testimony of two witnesses and
partial testimony of a third was
made public by Mr.. Caldwell on
Wednesday.
Ogilby Questioned.
Yesterday, the third witness, c.
r. r. Ogilby, was scheduled to re-
sumo his deposition. Mr.. Ogilby is
collector for the estate Of c. B.
Porter, former Tmes-Herald treas
urer who died in q plunge from a
Clarksburg, (W. Va.) hotel Septem-
Der IA.
When reporters appeared, oppos-
ing counsel argued whether they
should be admitted and the lawyers
went to court.
After arguing. for nearly an hour,
they reached their agreement and
the questioning of Mr.. Ogilby was
resumed in the afternoon. He Is
scheduled to return next Wednes-
day, Mr.. Roberts said.
Mrs. Gizycka is to be questioned
by attorneys for the executors on
November %. In contesting her
mothers will, she is charging her
mother was of unsound mind and
that the will was obtained through
fraud, deceit, coercion and undue
influence.