Show The Searles Will Case Opened SALEM Mass Sept 22The hearing in the Searles will case was opened in the probate court this morning William W Dodge testified to drawing up the will of Mrs Searles It was read to her and she signed it after declaring it expressed her wishes She was to all appearances of sound mind Witness mentioned drawing another will and the court on motion ordered or-dered it produced Incidental to the request re-quest it was stated Timothy Hopkins would not be conceded the right to appear as an ndopted son Burleigh proceeded to cross examine the witness his main point being the fact that the name Timothy Hopkins was written in apparently in ink in the blauk space left for a name Dodge stated his impression was he left the space until untl he got to Methuen as he was not sure whether there was a middle initial He had been instructed to draw a will leaving all the property to Mr Searles and his duty as a lawyer required the insertion of a section regarding the omission of the S name of Timothy Hopkins He called the special attention of Mrs Searles to this and told her he could modify it i she desired de-sired but she stated it expressed her wishes and was executed executed William M Thornton another witness to J the will corroborated the last witness 1 crossexamination showed witness could not read a single word William O Norris the third witness to I the il corroborated the previous witnesses wit-nesses as to the execution of two wills He also witnessed a will for Mr Searies since the death of Mrs Searles Mr Burleigh asked the executors to pro duce the wH of Mary E S Searles dated November 1SS7 Judge Garmon ruled that 1 the executors must produce the will Mr Burleigh stated the position of the contestants con-testants was 1 There was not sufficient attestation on the will 2The will was by undue influence procured in1uenc and fraud on the part of Edward W Searles and some confederates and 3Tho testatrix was not of sound and disposing mind at the time the will was made Mr Burleigh then called Edward F Searlos to tbe witness i > tand In the afternoon session the exam ination of Searles was continued He first met Mrs Hopkins in San Francisco Fran-cisco in March 1SS3 going to her house with a letter of introduction t look over her house met her several times going on I excursons into the country twice with her daughterinlaw He then detailed his acquaintance and visit to Mrs Hopkins The first proposition of marriage between I the two came from Mrs Hopkins in New I York in the fall of 1SS3 Ho did not assent J to it for a year but in December 1SS4 he entertained the proposition He knew at I the time Mrs Hopkins was bern in 1S20 f and was twentyone years his senior Ho had never previously proposed marriage to any one He could not well help knowing Mrs Hopkins was a lady of large means He delayed the proposition of marriage to give her a chance to be sure she n satisfied and after ie entertained i he delayed the marriage for three years In the spring of 3SS6 ho went to Florida ai the gueitof Mrs Hopkins In her private car She was accompanied ac-companied by Miss Cal of Barnncton Witness from 1SS3 to 1857 was suporln ti tending the building of Mrs Hopkins house at Great Barrington He had un frrstood tkat frer son Tfraotfry In conneo 0 c 3 > I tton with the railroad people managed her i affairs He had been told by Mrs Hop kins that Timothy had objected to her marriage mar-riage but she cherished no ill will toward him for it The agreement of marriage was entered into September 1SS7 on witness wit-ness part because he greatly admired her In reply to a question he said he married her for all she had both love and money but should have never married her for money alone He did not know of the will made the day of the marriage November Novem-ber S lbS7 until after her death out did not think it was intentionally made behind his back A marriage contract made at the same time was also put in conveying by Mrs Hopkins to T E Stillman trustee for the benefit of Edward F Searles after marriage a mansion in San Francisco improved im-proved and unimproved and in Sacramento Sacra-mento mountain lands in Summit Soda Summit Springs Cal redwood and timber lane son s-on the coast range two parcels of quarry land Great Barr ngton property and four lots on Ninth street Now York This contract con-tract was cancelled June 1C 1SS8 The hearing was adjourned to tomorrow |