$1,000

The Mollie Bennett WW case has attracted widespread attention in this vicinity and was the subject matter in .ludge Xewkirk's eourt in Ann Atbor again today. A resume of the facts in case to date are as follows: Mollie Bennett, wh was possessed of an estáte valued at $S,000 or $10,000. died leaving no immediate heïrs. Jerome Schenimerhorn, a mulatto who had worked her farm in Superior, le clared that she had always signifiei her 'intention of leaviu? her propertj to him. Mollie Bennett died in March 1896, and no v.-ill could be found What purported to be a eopy of Mol lie Bennett's will turned up abou ñfteen months af ter her death uu this "copy" dcsignated lei-ome Schemmerhorn as the main heir to the propei-ty. The witnesses to the instrument appeared to be Albert Knapp and Williain Rowe, two well known farmers of this vL-inity. When the case was brought up for hearing July 24th last, Albert Knapp swoTe th.it Mollie 'Bennett had sbowed him her will and asked him to sign it as a witness. He did so but Mollie Bennett did not sign it. Williarn Rowe swore that on a date that appeared to be alout a year after Knapp's signing, Molli Bennett showed him a paper wülc she said was her will and she signe ie and Mr. Rowe signed it as a wi ness. Mr. Sweating. of this cKj took the stand and swore that lic wa the man who had made the "copj of the will. That he happened to b ai Mollie Bennett's place one clay o business and she showed him the wil and because it was so pècullarl worded he copied it and kept the copy. Upon questioning f rom Captain Allen, Mr. Sweating maintalned the ab ive statement but refused Captain Allcn's request to copy it again to see 1Í the handwritings would compare, but promised to do so at a future time wheu he feit more disposed. The case was adjourned until today. Nothlng of very (inusual interest happened in the case this morniu. Several v.-itnesses were called by tlie yroponcnts, examined, cro-si-exnmined and dismissed. At 12 o'cloek cou.-t ailjourned to meet again at 2 Ibis afternooB, when rumor would seena to have it. that the eontestants are going to introdu :e Bome lively evidence. The proponents have one inore witness to bring forward and then the cjiitestants will begin wltli their witnesses. William Rowe was recalled as first witness. 'He testifled tliat iliss Beur.ett read hi-.n the will about Nov. 5, 1S95, and that he adjusted lus glasses and examined it. It appearecl that MisK Beunett's name was only in the body of the will. Itowe said that it migïit be all rlghl but ihat he didr.'t Hke it. and wouid nol sigu liimself until Miss Beuuett had placed her signature at the bottom, which she did. Ho testtfied that the two signatures wero in the same lmmlwriting and that the htndwrltlng was that of a woman. Rowe said he snv Mis- Bennett again before her death and that siie talked of. Jerome Schemmerhorn, saying he was dolng all right :.nd that s.he was satisfied witii nis conduct. Cross-examination was eoxntnenced liy 'Capt. E. P. Allen, who fired a volley of questions at llows that seemeil to scare him stift". "Are you ia the hablt of making law papers?" "No," answered üowe. "Are you a judge ot' writing''" "No." "Do you often examine wilis aud witness them?" Witness said he had clone so in Canada, but admitted that it was 20 years ag-o; that he not much of a wriíc; and had to speil out a good tnany wordis; that he had heen in one or two law suits but that tl:ey were tiiL worst tlüngs he had ever encouiitered. "Then you, .1 man who liasn't si-i'ii a will in 20 years, noticed that th signature should be at the bottom and not in the middle of the wlll?" quened the lawyer. "Yes." Altor afflrnting that nothing haá been offered, him in c.ie Scheimmeriorn should win hls suit and that ho knew of nu one to whotn anything had been offered witness was excused. George o wies was next sworn anc testifled as follows: Live in Superior Worked a farm adjoining the Bennett ■ three yeaxs prerlous to Apri] . Saw Miss Bennett quiie oftei and worked for lier at Intervals irhorn liad entire manage ; and made coltracts w:th me Sometimes he paid me and sooietimes -Nüss Bennett Went over to see Mis íennett on business one day in July, (.c. Scheinmerhorn was on the steps ml I passed him and went into the ons.' with Miss B., remaikintr to her Lat he seeiuetl a little off. She said, I wish he would stop drinking beause if he doesn't the properry wlll not last him long after I get through vith if Capt. Allen brought c'ut on crosssamlnatlon that it was Owles' uudartanding oí the remark that Mir-s Benlett intended to loave the property vith Schemmerho.rn after her deatu. )wles sta teil that he did not follow rp the remark with any questions vhatsoeyer. The propohents brought forward a second copy cf the wil! 'iiade by Mr, -weafing with offers of proving süll further Mr. Sweatlng's handwritings, uit the contestants paid little attontlon to this, only calling the judge's nctice to the fact that when challenged som two months ago Swe.iting had efused to duplícate the former copy of the will. Mr. Le Furge, the first witness of the afternoon. was sworn and testiiied as follows: My occupation is that of farmer and milkmau and I have Uvsd in Washtenaw county all my lifd and have known the Bennetts from childhood. Was often at the far;n aud there occasionally saw Jeronie Schepimerhorn and was surprised to see ho-w well he was treated eoasidering he was a iiiivd max Upan my once remarking that Schemmerhorn was havIng ;i iintiy g-ood time, Miss Mollie Bennett said that the property would all be his sometime. In eross-exam[nation the wituoss was asked how Miss Bennett carne to make such a remark but couH glve no rea son and said that he did not ask iiny questions. IL appeared, also, that Le Fuvge had böught, with Miss Bennett's permission. a lease of 70 acres of land she had originally given to soine one else and that he was paying ?25 a yeai' as rent. W'hen asked the witness denied that he had ever called Schemíüerhora a thief and a raseal and that Miss Bennett had ever asked him to ascertain how much had been stolen from her. The fiivst witness of the contestants was P. W. Rosa, who stated that he had lived in YpsilaiHi. He knows Jerome Seheiumerhorn and was approached by him in April, 1S97, when the latter offered him to sv(:.■r that he had witnessed the alleged will of Mollie Bennett. Attomey Lawrence objected to this testimony ou the grounds that the contrstants were trj-ing to show that Schemmerhorn had attempted to entice soveral into the crime of perjury and that by sueli eridenee a smirch might be cast ou the good naines of the witnesses who had already sworn that they had seen tho will. Captain Allen defended his )oint with vigor and claimed the ttstiroony was necessary to the oase. .ïudge Xewkirk supported him in the matter and the exaiminatlon of Deputy Sheriff Ross was continued. It appeared that when $500 was not enough to tempt Eoss, Sekemmerhorn rnised the bid to $1,000, provided Ross would fUid aiiother good man to witness with him. Of course, tlus failed like the flrst offer. On cross-exaimination Mr. Ross was asked why he had not taken Scliemmerhorn to task for his offer, but gave no answer. Mr. Clark S. Wortley, of Ypsilanvi. was the next witness called. Mr. Wortley said that he knew Miss Mollie Bennett well, anl that shL had cften come to his store to talk over lier business 'affairs with iiim. During the years 1894 and 1395 Miss Bennett borrowcd raoney of him givng Iiim a mortgage on her property. In view of the fact that Oliss Bennett had no ncar relativos Mr. Wortley advised to make a will setting aside from $200 to $500 Tor the care of her cemetery lot aftar lier death. Miss Benaéit told hmi she objected to wills and didn't w.int to have anything to do with lawyers smce at one time she had made a lease and had been tricked 'by thera into considerable loss. She said, a!so, that she was afraid to make a wili and that she wanted the law to take its course as regards her estáte after deatl1.. Mr. Wortley asked her of whom she was afraid and she ahswerad that it was Jerome Schernmerhorn. "Finnlly." Mr. Wortley continued, "she consented to make a will provided it was done secretly and afterward locked np in the vaults of the bank." She made arrangements with Mr. Wortley to have Judge Babbitt at the store on a certaln Monday ín Mareh, 1806, to draw up the wi'.l, but Miss Bennett died the Sunday before. Mr. Wortley said that Miss Bennett had never spoken to him of leavlng her property to Schennnerhom. In the crossinatlon a tin-type was shown Mr. ] ilfv, wiio was asked if lic could carne the persons in the picture. Witness said ho could not swear to the identity of any of them. Miss Sadie Shaddeau, the next witr.ess, fvrrnished a little life to the pioceedings. She testified as follows: I lived on the Bennett farm a and a half previeras to Mollie Bennett's d'.iüi and was employed in doing the household work. Never 1 Oontlnued on Seveath Page). $1,000 (Continuad from Sixtli !Page). anything in particular about a wlll except that Miss Bennett said she did not believe in them because they could be broken, but that she had no objection to deeds. The Tuesday before she died, Miss Bennett said she intended to visit Ana Arbor soon on business oí probate kind. Didn't say what business was. Cross-examnation was conducted by Attorncy Butterfleld. He asked many questlons concerning the location oí house and rooms on the Bennett estáte and brought out information concerning a box in which Miss Bennett used to keep her papers and which alwaya stood in her room. It seems that the box was opened after Mollie Bennett's funeral in the presence of Mrs. Luna Bennett, of St. JoJtins, Mrs. Crane, Mr. Dnnsmore and Mr. Keys, but nothlng was found of any_ will. "Was Miss Gertiê MeOarmick at the Bennett's during your residence there?" asked Attorney Butterfield. "Yes," answered Miss Shaddeau. "Did Gertie boss you?" "I guess not." "In your judgement she didn't do ïr.uch work?" "My judgement was good and she didn't do any." "Jerome Schemmerhom was in the habit of coming home drunk vvry often, wasn't he?" queried Butterfieid. "Yes." "If you had owned the place would you have let him stay on?" "You bet your Ufe I wDuldn't," said Sadie in a very trasiness-like way. Case continued today, Thursday. Olarke S. WWtley was recalled as first witness of the momio?. Ei.ii'.1ination conducted by Csit.!i:i Allen showed the witness has 'sTWvv.a Geoi'ge lï. Owles, of Superior, for 20 yen rs and that in general he thinks his reputation for truth 'bad. Cross-examination showed that on ye8Nïrday fitness had made a mistake n speaking oí Mollie Bennett's nieces ;ind nephews, as she never had any. John Larnb, of Ypsilanti, was next called and was examinod by iroaecuting Attorney John P. Kirk. Witness stated as follows: Am 39 years of age and have tieen in the grocery business with the firm of C. Ki:ig .t Oo. for 25 years. Have lmown G-wi:e H. Owles for some years and from what I have gathered from otlusrs should say his reputation for truth and veraeity was toad. 4ttoi:neys Lawrence and Butterfled waived examination. James Eaton was the next witness. He gave testimony to the f act that last spring, after he heul aerved as witness in son.e previous trial, Jerom? Sehemmerhorn had. come to him and said: "Your evidence in the trial did nuich good to my case and you have as good a chance as anyone to ïnake lïum f300 to $500." Eato.i asked him hovv, and Schemmerhorn said he must have two men to swear they bad witnessed a will of Mollie Bennett le.iving her propei-ty to him, and that he would pay $200 for the job, or $500 if Eaton would secure the other witness. It 'was bronght out, also, ttiat Eaton at one time, wlrle actiug as deputy marshal, liad ai'rested Schemmerhorn for being drunk and disordery and that Mollie Benneirt had given him (Schemmerhorn) money to jjay iiis fine. Cross-examlnation showed nothin.i;1 of special iraportance. Rdbert Martin was sworn and said that he had known Jerï.ne Schenin.erhorn for six or seven yeari, and that in the spring of 1S0T Scheuimerhorh had approached him in the office at Ypsllanti and had askod hiin if lie wanted to make $1,000. He said he would, if it was straight, aud Schemmerhorn went on to teil hi:n that he had a eopy of a will that mus be signed by two competent witnesses "Get out or 111 boot you,'' said Kobert Martin a'nd iScheiumerhorn ad journed. "Well, Bobbie," said. Attorney Law rence taking up the cross-examination "did Jeromne ever say that a. will hac been made?" "I object to your familiarity witli the witness,'' announced Capt. Allen. "Oh, that's all right between John and me," sail Martin, aad the object:on was wirhdrawn. Mrs. Crane, of Mason, gave no Important testimony. Mrs. Lona Bennett stated that he still clings to her opinión of yesterday that the tintype shown In court yesterday was manufactured for the parpose, inaamuch that Alta üowers, one of the persons in the group, was, s!ie considered, a lady, and incapable of ha ving a photo taken in company with a ne:ro. Miss Dunsmore was put upoa the stand again aud testified that she wns fairly well educa ted and that she lniew iMolJie Bennett well, had oftn received letters from her, and that Miss Bennett's cornposition ar.d conversation were both graminatically correct. Capt. Allen started to read the will but was interrupfed by Attorney Lawreneê, who objeeted to the evidence attempting to prove that MolHe Bennett, being well educated, was meotally incapable of writing such a conjposition as the copy of the will was. Quite a heated argument ensued. .Tiidge Newkirk ruled as follAws: To admlt testimony as to the edueation of Mollle Bennett, but not the opinión of witnesses to her writing of the will. Lawrence bemoaned hts hard fa te of being "so universally wrong." Miss Dunsmoi'e testified, also, that vliss Bennett was iu the foablt of spelling her first name "Maryette." . Bert G. Moorman swore that he had lcuown Wm. Rowe for 12 years and chat he did not think nis reputation was good. Most of the important evidenoe of Judge Williard P. Babbitt was not adcvltted, as boing out of orier. The case carne to a suri lea ,-nd early this aftemoon, Judge Newkirk deeiding that there is no will in existence, and denying the peütion. Au ngreement as to the alloiwance for witnesa fees, etc., followed and the case is cow ready to go down to Mstory.