Probably no case in the history of the local bar has excited a more widespread interest than the contest over the alleged will of Judge Holt, which has been on trial in Judge Bradley's court for the past five days. This interest is in a large measure due to the high standing of the alleged testator, who was Judge Advocate General of the United States and Postmaster General, and in his first capacity was closely identified with the trial of the conspirators who plotted the death of President Lincoln. And it is in an equal measure ascribable to the mystery which surrounded the appearance of the will and its mutilated condition, the paper being charred and torn and without a seal, and the further fact that the witnesses to the instrument were President Grant, Gen. Sherman, and Mrs. Sherman. The will is dated Feb. 7, 1873. It bequeaths everything to Miss Elizabeth Hynes, a niece and ward of Judge Holt's first wife, and a person of whom he is known to have been very fond, and to the daughter of Maj. Charles B. Throckmorton, who was named for him, Josephine Holt Throckmorton, and whose godfather the testator was; Mrs. Throckmorton was cousin to Judge Holt's second wife. Judge Holt died on Aug. 1, 1894, at the age of 87, leaving an estate of some $180,000. His first wife, Mary L. Harrison, had died in 1846; his second wife, Fannie L. Wickliffe, in 1860; and he was childless. The surviving next of kin, who would. inherit, were nine in all, the children of one sister and two brothers; one of them Wm. G. Sterett, lived in Washington; another, Washington Holt, lived out of town. Nearly a year elapsed after the death of Judge Holt. No will being found in the meantime, the estate was being administered in the interest of certain blood relatives, including

Washington Holt, his nephew, and about $9000 had been divided among the heirs-at-law, when unexpectedly, within a few days of the legally constituted limit, the mysterious will of 1873, naming Luke Devlin, a clerk in the War Department, executor, made its appearance in the office of the Register of Wills in a large white envelope addressed in a disguised hand.

The will had been burned in places, but not so as to destroy any vital part of the writing; the place where the seal is usually affixed had been torn off, and the part bearing the signatures apparently separated from the body by long wear, the whole having been pasted on a new sheet of paper to hold it together. The peculiarity of the fire marks is that the edges were burned while the document was folded, while the fire marks on the face of the will were made while the paper was face open or only partly folded. If the paper on which the will was written was at one time what is known as a sheet of legal cap, with presumably a red line running down the left margin of the paper, the margin was burned off, and in that event the mysterious sender of the document presumably destroyed the words of revocation which may have been written there. This is a subtle theory, based on the presumption that there is a serious irregularity about the presentation of the will for probate.

The letter containing the document was put in the mail some time Saturday afternoon, August 24, 1895. It bears the post-office stamp at 6 P.M., and remained in the office until Monday morning, when it was delivered. It was inclosed in a large white envelope, inside of which was fitted a piece of cardboard to protect the will. It bore two 2-cent stamps, apparently carelessly or hurriedly attached, which are canceled with the letter L.

Mr. Devlin, the executor of the will of 1873, is a short, stout man of middle age, who was Judge Holt's private secretary from 1862 until some time in the seventies, during the period of his term as Judge Advocate of the United States. He is by all regarded as a man of high integrity. He is at present employed in the record and pension division of the War Department in a responsible position.

Judge Holt lived in a fine old mansion at the corner of New Jersey avenue and C street southeast, opposite the Varnum Hotel. It is a fine piece of property, where the weeds are now ranking in blissful innocence of scythe or mower, with ivies creeping over the front steps. Here he lived for many years with his servants after the death of his second wife, a Miss Hynes, and he died on the 24th of August, 1894. The property is now in charge of two servants, man and wife, Charles and Frances Strother, colored, who occupy the rear and show strangers through the house who are sent up by the real estate agent, for the mansion is for sale. Frances Strother is an intelligent and buxom colored woman of about thirty. Her mother was for fifteen years cook in the house. Her name is Ellen Christian. There was a housekeeper, Martha Thomas, who served Judge Holt for fourteen years. Both Mrs. Christian and Mrs. Thomas are at present at Hampton, Va. Strother was the coachman for eight years, and two years ago married Mrs. Christian's daughter Frances. These, with the Judge, constituted the household for many years.

The trial of the will contest began on Monday, May 18, 1896. The two tables in front of the bench were occupied by the parties to the suit, their attorneys, and members of the press. At the long table to the right of Judge Bradley sat Maj. Throckmorton; next to him his wife, and between the latter and

Miss Lizzie Hynes, sat Miss Josephine Throckmorton, who forms the central figure of this interesting group. She and Miss Hynes are the direct beneficiaries under the provisions of the will. Major

Throckmorton is a tall, military looking man, dressed in a gray suit, light spats, and black shoes. He has a florid face, gray hair, and a gray mustache, twisted into sharp points at the ends. Mrs. Throckmorton is a handsome woman who dresses becomingly in black and wears her gray hair brushed back from her forehead. Her face is very fair, and betrays the keen interest she takes in the proceedings. Miss Hynes is upward of forty, dressed neatly in subdued colors, and never manifests more than a passive interest in the testimony or the arguments of the lawyers.

The cynosure of all eyes in the court room is Miss Throckmorton. She is a tall, unusually attractive girl, with a benevolent expression of countenance which may be termed beautiful; bright, dark eyes, and light brown hair. She dresses plainly in dark colors, but with marked good taste, and evidences in her manner the grace and refinement of good society. At the other table yesterday sat Washington Holt, the nephew of the deceased, and principal heir-at-law, with a suggestion of Speaker Reed in the side view which the casual observer is able to obtain of him as he sits facing the Judge. Next to him sat his daughter, about eighteen years of age, and Mrs. Holt, a handsome woman with bright eyes. Back of these, the principal figures in the case, were seated a number of persons who are interested, remotely or otherwise, in the case. Mr. Devlin, the executor of the will, sat for the greater part of the day behind Maj. Throckmorton, and manifested a sharp, nervous interest in the proceedings. He was repeatedly called to the stand, and underwent a searching inquiry into certain state

ments made by him to a representative of The Post, which he answered in his short, brusque way, for that is one of the characteristics of the executor. He is a short, dumpy man of about forty-five years, with a fat, smooth face, and light eyes and hair. He wears gold glasses, and seldom changes the firm, set expression of his countenance. Mr. Devlin is not a nervous person, and the deep interest he takes in the case is not manifested by ordinary physical symptoms, but the intensity of his expression.

On both sides distinguished legal talent is engaged, the attorneys for the legatees under the will being J. J. Darlington, ex-Congressman Ben. Butterworth, and Blair Lee. For the other side are A. S. Worthington, Jere M. Wilson, J. C. Heald, James C. Poston, of Louisville, and Attorney McChord, of Kentucky, the personal representative of Miss Hynes.

Monday, May 18, 1896.

The first witness called by the attorneys for the legatees was Senator Sherman, who identified the signatures of Gen. Sherman and Mrs. Sherman as genuine. They then put on the stand Col. Fred. D. Grant, who identified the signature of his father, President Grant. Judge Henry L. Burnett declared that, in his opinion, the signature of Judge Holt attached to the paper was that of the deceased. The caveators so early in the proceedings gave an indication of their line of attack by trying to establish the fact that Judge Holt was too careful a lawyer to draw a will in the language of the contested instrument. On cross-examination Judge Burnett, however, stated his opinion that while the deceased was well grounded in the principles of the law, he was not so well informed in the technical rules. He was rather an eloquent jury lawyer, witness said. Tecumseh Sherman, of New York, identified the signature of his mother as genuine.

The will was then offered in evidence. The caveators objected. The very condition of the paper, Mr. Worthington argued, showed that it had been revoked. He asked where was the signature and the seal spoken of. After a spirited argument Judge Bradley ruled in favor of its admission, and the caveators gave notice that they reserved an exception to the ruling.

Luke Devlin, the executor of the will, was then put on the stand. He testified to his employment in the office of Judge Holt during the latter's incumbency of the office of Judge Advocate. Became acquainted with him in 1862, and compared the decisions that left the Judge Advocate until 1869. From 1869 until 1876 he was a clerk, and had charge of correspondence. His relations were not wholly official in character, but at times social.

He

handing the witness a paper. Upon receiving an affirmative answer, “I wish to offer this in evidence," announced the attorney.

"I object," interjected Darlington.

Mr.

"This," said Mr. Wilson, addressing the court, "is an application for letters of administration on the estate of the late "Billy" McGarrahan. There is a certain phraseology in it strikingly similar to that in the contested paper; also marked similarities in the handwriting."

But Justice Bradley ruled that the paper could not be admitted on cross-examination, although it might properly come in later, if competent. Judge Wilson noted an exception, then asked Mr. Devlin if he had called at Judge Holt's residence after his death, or attended the funeral. Mr. Devlin replied to the first question that he did not, and did not go to the funeral, because he could not learn the hour when it was to be held.

Mr. Wilson's questions were the most interesting because their trend was clearly evident. There was

breathless silence when he asked Mr. Devlin if there were any envelopes like the one received in which the will was inclosed, at the same time handing him the identical wrapper on which was crudely printed the address to the register.

"They are not in use in the Bureau in which I am employed," replied Mr. Devlin. "Of course, I cannot say as to other offices."

Mr. Blair Lee asked Mr. Devlin as to his relations with Judge Holt, and received a reply to the effect that he always took care of the Judge's mail, while in his office. when the Judge was out of town. He spoke of an estrangement between Gen. Blair and Judge Holt, and said also that he had been advanced in office by Judge Holt, after Gen. Blair had asked Mr. Devlin to become his private secretary. A letter recommending Mr. Devlin

"to whom it may concern," and written by Judge Holt, was offered in evidence.

At the close of Mr. Devlin's testimony, Miss Josephine Holt Throckmorton, one of the beneficiaries under the testament, took the stand. The witness is about

thirty years of age, with brown hair, well-cut features, and handsomely formed. She was gowned tastefully in a figured costume, and wore a jaunty hat with purple flowers. She corroborated Mr. Devlin's testimony, practically, when she said she had not heard of the contested will until Mr. Devlin sent her a telegram, announcing its appearance in the Register's office. There also she first saw it. Miss Throckmorton testified that her father was Maj. Charles B. Throckmorton, U.S.A. She lived at various army posts with her parents, but was born in Washington. She spent the year from May, 1876, to May, 1877, in this city. She was one of the persons named in the will.

When Mr. Darlington at this point suggested that no more witnesses were then ready, Mr. Worthington said he wanted all the witnesses on the other side to be presented before the counsel for the caveators placed any on the stand. If Mr. Darlington's prima facie case was announced as concluded, he would oppose any future attempt to introduce direct evidence in support of the validity of the will. The caveat had claimed that the whole paper was a forgery; the other side must prove it genuine. They had already gone beyond the bounds of this part of the case, for opportunity had practically been given Mr. Devlin to testify that he had not written the will. "And yet," Mr. Worthington said, "there is more reason now to believe that Mr. Devlin wrote the will than that Judge Holt did so."

The court decided that the counsel for the beneficiaries must produce full evidence in support of the