Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-07-30

ring thelwinter OF 1881 2 20 the amount Of g 90
that his speeches at Charlotte and Prince Edward
Court Hoases were not more desaliory or sar-
castle in their character than his speeches usual
~ were-that during the winter he made ari
Gus contracts in bis own hand writing, settle.
mcnts with his oyerseers, &c. all with his usual
accuracy and minuteness, and that on the very
day previous TO the night on which the Will Of 81
was written, he wrote aud executed an iinportan,
contract with MIR. Hnudley for the purchase OF a
tract OF land, which is without flaw. That he
gave RATIONAL and proper directions 10 his oyer.
seers as to the management Of his estate, and
conyersed with his usual acutcness on almost CIV
cry subject. A number OF letters were also pro.
duced to shew the. clearncss OF his MUD on al
most every subject on which its energies were
exercised. One Of these letters as piece OF wit
IS perhaps unsurpassed. Another details 10 Mr..
Henry A. Watkins the substance Of his snerch
al Prince Edward, was written two months after
its delivery to explain certain misrepresentation
OF that speech, AID was declared by those wit
nesses who heard IT, TO be faithful report of the
speech. 1t wus further shewn on this side that
Mr. RS derangement,l admitted by both parties
TO have existed in March and Apri) was an at
tack OF mania p0tu.
With regard TO the cancellinc the will of 1901
4 making the will OF 1882, the only witness who
gave any positive testimony was Judge Leigh
The former will had been lodged in his hands in
1922, he being named in it as the sole executor
In December 1881, MIR. r. requested him 10 brine
IL.
did on the 3lst of that month. In the evening
he went with Mr.. Il. into his room ana told him
be had brought the will Mr.. II seemed sur.
prised; but took the will, broke the seal and
reau certain parts Of it aloud 10 Judge L., who
had never before known what Its contents were
In reading NIr. II. passed over ,hose parts Of the
will relating 10 Judge Leigh, who was made in
that document the principle inheritor He then
declared his intention of eancellng the will, and
seemed about to burn il but Judge l.. suggest
ed that he could do it by cutting out his sigma
tnre,% which Mr.. did accordingly. loag con
yersation then ensued in which MIR r. supported
tbs change in his purpose of emancipatng his
| slaves, by citing the passages in Genesis TO
which have already alluded, and arguing upon
them at great length. Judge Leigh retired 10
ned, ana sometime during the night, Mr.. Ran
dolph came TO his bed side and gave him the will
OF 1882 Gas it is caled) written the envelope Of
the will of 1921, and accompanied by this note
My dear Leigh TO guard against the posi-
bilny otdying intestate, j have scrubbed hurri-
ed will on the envelope Of the cancelled one. The
chief alteration which have made, regards the
poor devils Of slaves, and the joining my brother
IL. ST. George Tucker, in the executorship with
you. Ii il please God to spare me will draw
better one tomorrow if practicable. Most tru
lyyours, J.R.ofR.
Now, a serious discrepancy between the facts
stated in this note s the will Of 1921, is that Mr.
RS. changes were not confined in the new will of
80 to the poor devils Of slaves and the executor
ship; but that they extended 10 the great Bulk
Of his property, which is devised in the latter
| TO persons not mentioned in the former.t
But 10 proceed /; numerous statements by Mr..
X. Of the change made in his will IN relation to
his slaves, were proven; and then, in regard to
this subject, we skipt the time between the
spring aud summer Of 1882 to the death bed
scene in Pbiladel pha in 1888. Here all the evil
deDee goes 10 show that he affirmed the exist.
ence Of a will in which he had cmancipated his
slaves. The deposition, and oral evidence of
DR.. Joseph Parrish fknown as the Quaker Doc
tori were among the most interesting statements
OF the kind ever made in a court Of justice :
aud the appearance and manner of the man cx-
cited universal admiration. As said before
all the witnesses but one considered Mr.. II. sane
at the time his death-and that one was Mr.
Charles I. Bolts of this city, who happened to
be there the day previous TO Mr.. RS demise,
and who considered his manner that of an insan
person.
In what have already said. have referred
only to the main questions in the cause. There
were others Of a subsidiary character, involving
inquiries Of deep interest. Among these was
the examination of various Witnesses as 10 Mr..
RS general state OF mind, and its liability TO
arrangement or high state Of excitement for a
great number OF years. ! must also mention that
in the will Of 1921, he makes charge against
his step father, Judge ST. G.Tucker, the elder, Of
having injured his estate, and appropriated TO
his CHR. R's) father. Proofs were had Of the
most embittered feelings On the part Of MIR. II.
towards his distinguished relative, for q long Sc
) ries OF years but on the other hand, evidences
IN his own hand writing, Of the kindness, the
parental love- the honor and integrity of his step
father, were arraycd against his subsequent dec
aratons. believe this portion Of the testimony
was less essential as part Of the case than as
just defence Of distinguished name from the i'm
putaticn against it recorded in the viii Of 1921.
But in truth, il would be impossible for me, in
a letter which must not exceed eight pages
and written in great haste, TO give You half a
J glance Of half the facts embraced in an inves-
LEGATION which probably fills eight hundred
have only sought 10 give you the leading points
in the briefest possible form.
The counsel for the plaintiffs, (the representa-
! tives OF the negroes emancipated by the will Of
lS2l) were Messrs w alter Jones, Of d. c., j.
Robertson and Samuel Taylor--for the defend
ants claiming under the will Of 1892, Messrs Stan
uard and johnson. MIR. j. Nj Patton occupied an
independent position between the two parties, as
counsel for the committee of ii. ST George Ran
: dolph Ga lunaiic as understand) and his efforts
were directed TO shew that MIR. Randolph was
at no time since 1911, think, in a proper state
Of mind to make sound disposition Of his prop
eIty. The investigation this point ELECTED
, some amusing anecdotes Of MIR. RS. vagaries
many years since.
D The argument occupied three days and was
conducted nth uncommon ability on all hands
doubt whether the questions connected with the
5 testamentsry capacity" as you lawyers call il
have ever been more thoroughly discussed in
this country The different symptoms Of mona
'aaniG, deIusioa, ineincible delusion, lunacg
: partial insanity and general insanity, were
thoroughly silted. The cases most referred to
and depended on by both sides as supporting their
diverse opinions were those Of Caririghi VS. Cart
right, Dew US Clark, and Groom as Thomas
: The opinions Of Sir William Wynn and 81,
$ John Nichol were fought over in a mastery man
S ner, and with much Of that ability, which car
make The worse appear the better reason. All
reasoning and s6gacity Of Jones, The clearnes,
and order Of Robertson, the boldness and ingenu.
: lily Of Patton, and the overpowerng eafncstness
j Of Johnson, were called into play; aud have sell