Evening star., 1948-11-12
Testimony Is Delayed
As Gizycka Counsel
Seek 10 Bar Press

Taking Of further testimony in
the Eleanor Patterson will ,dse was
delayed today when counsel for Mrs.
Felicia Gizycka decided to seek a
court order to bar newspaper re-
porters from the questioning.
Reporters who had gathered in
the Office of William A. Roberts. at
torney for Mrs. Gizycka we're called
in and told that by his interpreta-
ton of the rules, they should be
excluded.
Louis G. Caldwell attorney for the
executors who had made public a
copy of the testimony taken Tues
day. argued thai in the absence Of
a court order, the testimony was
open to anybody who wanted to
examine it.
To Be Questioned Nov. %.
With one reporter insisted on an
open hearing. Mr.. Roberts said he
would postpone the questioning un-
til after the court has decided
whether reporters can be present.
The question of admitting or bar
ring reporters will apply to deposi-
tions taken from all future wit
nesses before the trial One of these
witnesses is Mrs. Gizycka, only
daughter of the late Times-H Herald
publisher, who is scheduled for
questioning here November % by at
torneys for Mrs. Pattersons ex
ecutors.
Mrs. Gizycka. who is attempting
to break her mothers will, charges
Mrs. Patterson was of unsound mind
and The victim of fraud, deceit,
coercion and undue influence in
disposing of her S16,500,000 estate. .
Mrs. Patterson left Mrs. Gizycka
some real estate, personal property
and a $4,000 annual income in the
will now being contested. The
Times s-Herald was bequeathed to
seven of its executives.
Attorneys for the executors served
notice on Mrs. Gizycka's counsel
yesterday that they want to question
her at GAS am. November % at
the Offices of Ward & Paul. public
stereotype reporters, 1760 Pennsyl-
.Vania avenue NV.
Similar dispositions already have
been taken by Mrs. Glzycka'S coun-
sci, who have announced plans to
take testimony from number of
witnesses II advance of the trial.
Attorneys for the executors have
indicated they intend to make public
transcripts of all dispositions taken
by either side in the will dispute.
Mrs. Gizycka's counsel today had
planned to resume questioning OF
C. F. R. Ogilby, Washington attor-
ney, who was appointed collector OF
IC. B. Porter's estate. Ogilby was
present when the session was called.
Excluded From Inheritance.
Mr.. Porter, former Times-Herald
treasurer, plunged to his death from
hotel window in Clarksburg, w.
Va. September IA. A verdict of
suicide was issued.
Mr.. Porter was named by Mrs.
Patterson as one of the executives
to inherit the Times-Herald, pro-
vided he remained in her employ,
and as one of her executors and
trustees. He was automatically ex-
cluded from inheritance by leaving
her employ and his name was de-
leted as an executor and trustee in
one of the codicils to the will
Mr. Ogilby was questioned on
Tuesday about the papers found in
Mr.. Porters Kennedy Warren apart.
ment as we'll as the contents of
three suitcases brought back from
Clarksburg by Times-Herald re-
porter.
The reporter, Sidney Epstein, also
questioned Tuesday, said he turned
over Mr.. Porters suitcases to Mrs
Sibilla Campbell, Mrs. Patterson's
housekeeper who was named eXecu-
trix by Mr.. Porter in an unwit-
messed will.
CIorksbure Supper Planned
The Womens Society of Christian
Service of the Clarksburg MD