Miss STINSON. Yes, sir. Senator WHEELER. Without paying anything? Miss STINSON. He said that they had not paid anything for their stock they received. Senator WHEELER. Yes; and when he used that expression-- Senator WHEELER. He was referring to Harry Daugherty? Senator WHEELER. And the way they got the stock? Miss STINSON. By the way, if you mean by not paying anything for it. Senator WHEELER. Yes. Senator JONES of Washington. Did he tell you how they came to get it? Miss STINSON. No, sir. Senator JONES of Washington. He did not explain that to you? Miss STINSON. No, sir. Senator ASHURST. Did he indicate that this certificate for 25 shares was his or Harry Daugherty's or owned jointly? Miss STINSON. That was just part of it. It was part of what he had; it was part of all of it. Just a part. Senator WHEELER. Do you know the total amount of stock that they got? Miss STINSON. No: I do not. Senator ASHURST. Do you mean White Motors? Senator WHEELER. Yes. Miss STINSON. Yes, sir. No: I do not. Senator WHEELER. Do you know approximately what they got? Had you heard that discussed? Miss STINSON. Jess had quite a few shares of it. He always said that he would share with me, and he was always very nice to me. There wasn't any arrangement by which he would give me a fifth or a tenth or anything of that sort, but, as he would often remark, "We are all very much better off than we have ever been before." And he had some of this stock, this White Motors stock, exclusive of what he gave me. The 25 shares is just what he gave me. Senator MOSES. Had he owned White Motors stock before? Miss STINSON. He had speculated time and again, like I had done, or like anyone else had done. Senator WHEELER. You had a mortgage, did you not, upon some property? Miss STINSON. Yes, sir. Senator WHEELER. And what have you to say as to whether or not he had agreed to pay off this mortgage? Miss STINSON. He hadn't agreed to. He just gave me the money to do it. Senator WHEELER. He just gave it to you; the mortgage was coming due? Miss STINSON. Yes, sir. Senator WHEELER. And what was the mortgage on? Miss STINSON. Land. Senator WHEELER. Land? Miss STINSON. Yes, sir. Senator WHEELER. And when the mortgage came due he simply gave you this 25 shares of White Motors stock that you have described? Miss STINSON. That and the New York draft for cash to make enough money. Senator WHEELER. What? Miss STINSON. That, together with a New York draft for enough money to pay it and a little over. Senator JONES of Washington. Well, now, let me understand it. He gave you this stock as your own property, did he? Miss STINSON. Yes, sir. Senator JONES of Washington. Oh, I understood you to say that he gave it to you to sell quickly and quietly. Miss STINSON. He admonished me to sell it. Senator JONES of Washington. In other words, I suppose you were doing it for him? Miss STINSON. No: he admonished me to sell it. Senator JONES of Washington. But he gave it to you as your own property? Miss STINSON. Yes; with the advice to sell it quickly and quietly. Senator JONES of Washington. Oh, yes; I understand. Senator WHEELER. But he had some stock of his own beside of White Motors? Miss STINSON. Yes, sir. Senator WHEELER. And told you that it didn't cost them anything? Miss STINSON. Yes, sir. Senator WHEELER. Now, patronage-appointment to office-was that discussed by Mr. Smith with you? Miss STINSON. Well, it was rather irksome to him, because, naturally, they were confronted with people seeking appointments at all times. He made the remark that no one but with Harry Daugherty's endurance could endure the amount of people seeking office. And he also referred to his office as being more popular than the President's. Senator WHEELER. Mr. Daugherty's? Miss STINSON. Yes. He always called him "Harry," of course. Senator WHEELER. They had what they called a shack, did they not, together? Miss STINSON. Yes, sir. Senator WHEELER. And where was that shack? Miss STINSON. About 15 miles in the country from Washington Court House. Senator WHEELER. And who visited that shack? Who went there to the shack together with them? Miss STINSON. It was owned by Mal Daugherty, Harry Daugherty, Jess Smith, and John Todd originally. Mr. Todd relinquished his interest in it for some reason. Senator WHEELER. There was one question I forgot to ask you when I was touching upon the will. Do you remember the date that the will was executed? Miss STINSON. The will that is now standing? Senator WHEELER. Yes; the will that is being probated. Miss STINSON. I can't tell you the exact date. It was about some-probably two weeks after Mr. Smith passed away. Senator WHEELER. Let me hand you this copy of a document and ask you if you have ever seen that? That is supposed to be a copy of the will. That is not the original. Mr. HOWLAND. Is it certified? Miss STINSON. I don't know whether it is certified or not. Senator WHEELER. Yes; it is certified. will read it into the record. Senator MOSES. You need not read it. Just hand it back and I Senator WHEELER. There are certain portions I wish to read [reading]: THE STATE OF OHIO, Fayette County, ss: I. Nye Gregg, judge and ex-officio clerk of the probate court within and for said county, hereby certify that the above and foregoing is truly taken and copied from the original will of Jess W. Smith, deceased (recorded record wills, vol. 8. p. 3), now on file at my office. Witness my hand and seal of said court this 6th day of March, 1924. NYE GREGG, Probate Judge. It is witnessed at Columbus, Ohio, "this 11th day of May, A. D. 1922.** Now, under the terms of this will you were left $25,000? Miss STINSON. Yes, sir. Senator WHEELER. And Mal Daugherty, $25,000? Miss STINSON. Yes, sir. Senator WHEELER. I will ask that it be inserted in the record. Senator JONES of Washington. Do you want the whole will to go in? Senator WHEELER. Yes. The will presented by Senator Wheeler for the record is here printed in full, as follows:) LAST WILL AND TESTAMENT OF JESS W. SMITH. In the presence of the Gracious Almighty, I, Jess W. Smith, being of sound mind. make this my last will and testament. Item 1. I give, devise, and bequeath to my former wife, Roxy R. Stinson, of Washington C. H., Ohio, the sum of twenty-five thousand dollars ($25,000) or its equivalent. I also give, devise, and bequeath to said Roxy R. Stinson my Cole sedan automobile, or if I have more than one automobile she is at liberty to take her choice. Item 2. I give, devise, and bequeath to my cousin, Edmund St. John, son of C. J. and Ella Pitzer St. John, of Bristol, Tenn., the sum of seventy-five thousand dollars, ($75,000) or its equivalent. In making this bequest to said Edmund St. John, I charge him with giving a certain portion of this fund, or the income therefrom, to his sister Louise St. John Thomson. While Edmund St. John is the sole owner of this fund, yet he will know the needs of his sister and I expect him to give her a certain portion of the income from year to year. retaining the larger share for himself. I would advise him to seek wise counsel and invest the principal and use only the yearly income for himself and his sister. Louise St. John Thomson being at this time in a foreign land and her future uncertain, I feel that this disposition of the property in question is for her best interests. I am sure that Edmund St. John will be just and fair with his sister and in the end he has only to answer to his conscience. Item 3. I give, devise, and bequeath to my good friend Harry M. Daugherty, of Columbus, Ohio, the sum of twenty-five thousand dollars ($25,000) or its equivalent. Item 4. I give, devise, and bequeath to my good friend M. S. Daugherty, of Washington C. H., Ohio, the sum of twenty-five thousand dollars ($25,000) or its equivalent. Item 5. I give, devise, and bequeath to my aunt, Mrs. Ella Pitzer St. John, of Bristol, Tenn., the su m of ten thousand dollars ($10,000) or its equivalent. Item 6. I give, devise, and bequeath to my aunt, Miss Rilla Pitzer, of Bristol, Tenn., the sum of five thousand dollars ($5,000) or its equivalent. Item 7. I give, devise, and bequeath to my aunt, Mrs. Leta Pitzer Fussel, of Los Angeles, California, the sum of five thousand dollars ($5,000) or its equivalent. Item 8. I give, devise, and bequeath to my cousin, Mrs. Pauline Milligan Sprague, of Washington C. H., Ohio, the sum of two thousand dollars ($2,000) or its equivalent. Item 9. I give, devise, and bequeath to my good friends John G. Price and his wife Salome the sum of thirty-five hundred dollars ($3,500) or its equivalent, which is desired to be used in the education of their children. Item 10. To Frank Smith, now located in Cincinnati, Ohio, brother of Os Smith, I give and bequeath the sum of two thousand dollars or its equivalent. Item 11. To Willis Cawley, who has been very faithful in my mercantile business, I give, devise, and bequeath the sum of one thousand dollars, or its equivalent. Item 12. To Miss Elizabeth Smith, of Washington, C. H., O., for faithful service in my mercantile business, I give, devise, and bequeath the sum of one thousand dollars ($1,000) or its equivalent. Item 13. To Mrs. Jennie McDole, of Washington C. H., O., for faithful service in my mercantile business, I give, devise, and bequeath the sum of one thousand dollars ($1,000) or its equivalent. Item 14. I give, devise, and bequeath to Robert Baker, who has been a faithful, loyal, and honest servant for many years, the sum of one thousand dollars ($1,000) or its equivalent. Item 15. All of my interest, right, and title in the property known as the Tick Ridge property in Pickaway County, Ohio, I give, devise, and bequeath to Harry M. Daugherty and M. S. Daugherty, share and share alike. Item 16. I give, devise, and bequeath to my cousin, Edmund St. John, my watch and chain, which I wear daily; and to Frank Smith, of Cincinnati, Ohio, brother of Os Smith, I give and bequeath a certain watch and chain in my safe-deposit box at the Midland National Bank, Washington C. H., Ohio, which is marked and known as the "Os Smith watch and chain." Item 17. My executors, hereinafter named, will find in my safe-deposit vault in the Midland National Bank, Washington C. H., Ohio, a box of jewels, including many diamonds. I desire my said executors to present to the following gentlemen, for whom I have great esteem and affection, one diamond each Harry M. Daugherty; M. S. Daugherty; Edward B. McLean; John G. Price; John T. King, of New York; Edmund St. John; Dr. Evan Brock; and Dr. L. L. Brock. The balance of the jewelry to be found in this jewel case in this safe-deposit vault I give and bequeath to my aunt, Mrs. Ella Pitzer St. John, of Bristol, Tenn. My two-stone diamond ring, which I constantly wear, I give and bequeath to my uncle, W. M. Pitzer, of Roanoke, Va., who I have known but little of in recent years, but who I respect and honor for his integrity and mentality. Item 18. I give, devise, and bequeath to the Washington C. H. Lodge, No. 129, B. P. O. Elks the sum of two thousand dollars ($2,000). This fund I desire to be used in eventually building a home for this lodge. Item 19. I give, devise, and bequeath to Ellis Daugherty, trustee, the sum of two thousand dollars ($2,000) or its equivalent, this sum I desire to be expended on the education of his daughter, Janet Daugherty. Item 20. I give, devise, and bequeath to the First Presbyterian Church, Washington C. H., Ohio, the sum of one thousand dollars ($1,000) or its equivalent. Item 21. To my very good friends, Mr. and Mrs. Edward B. McLean, of Washington, D. Č., I give and bequeath a certain antique rosewood writing desk, which is now in the living room of my residence in Washington C. H., Ohio. Item 22. It is my will and I direct my executors, hereinafter named, to set aside the sum of three thousand dollars ($3,000) which shall be invested in a proper manner and delivered into proper hands, the income from which I desire to be used for the upkeep and care of our family lot in the Washington C. H. cemetery. If for any reason my estate should not be sufficiently large to pay all of the bequests in this will, then it is my wish that they be reduced pro rata. On the other hand, if my estate should exceed the bequests above made and there should be residue, I desire that the residue of my estate be divided, share and share alike, between Roxy R. Stinson, Edmund St. John, Louis St. John Thomson, H. M. Daugherty, and M. S. Daugherty. Item 23. I nominate and request that the court appoint as my executors Harry M. Daugherty, of Columbus, Ohio, and M. S. Daugherty, of Washington C. H., Ohio, and ask that they be permitted to serve without bond. Witness my hand, at Columbus, Ohio, this 11th day of May, A. D. nineteen hundred and twenty-two. JESS W. SMITH. The foregoing last will and testament was signed by Jess W. Smith in our presence, and he at the time acknowledged to us that it was his last will and testament and requested us to subscribe the same as attesting witnesses, and we in his presence, and in the presence of each other, hereby subscribe our names as attesting witnesses this 11th day of May, A. D. 1922. H. H. YOAKEM, M. D. Residing at Mount Carmel Hospital, Columbus, O. CLARE CALLAHAN, Residing at 117 W. Patterson Avenue, Columbus, O. THE STATE OF OHIO, Fayette County, 88: I, Nye Gregg, judge and ex-officio clerk of the probate court within and for said county, hereby certify that the above and foregoing is truly taken and copied from the original will of Jess W. Smith, deceased (recorded record of wills, vol. 8, p. 3) now on file at my office. Witness my hand and seal of said court, this 6th day of March, 1924. [SEAL.] NYE GREGG, Probate Judge. Senator WHEELER. Who were the three people in Jess Smith's life that he was closely associated with? Miss STINSON. Harry Daugherty, Mal Daugherty, and myself. Senator WHEELER. Harry Daugherty, Mal Daugherty, and your self? Miss STINSON. Yes, sir. Senator WHEELER. Now, he made a subsequent will, did he? Miss STINSON. He made a will at Wardman Park Hotel by hand. Senator WHEELER. When was that made? Miss STINSON. Monday before he passed away on Wednesday. Senator WHEELER. How? Miss STINSON. Monday before he passed away on Wednesday, May 28, 1823. Senator WHEELER. How was that written out? Miss STINSON. By hand. Senator WHEELER. In whose handwriting? Miss STINSON. Jess's handwriting. Senator WHEELER. And to whom did he leave his property in that will? Miss STINSON. Five people. Senator WHEELER. Who? Miss STINSON. Edmund St. John, Louise St. John, Mal Daugherty, Harry Daugherty, and myself. Senator WHEELER. That will was never probated? Miss STINSON. No, sir. |