The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-18

THE PuILrIr's WILL CASE, AT IrswloH. Mass
The following particulars OF the evidence elected
the Of the second day OF the trial, are ga
thered from the report OF the Times
Mr.. Batiett, tor the appellants, put in trust pa
per, which accompanied The vii, to show that the
three witnesses were interested IN the VIII as ie-
gatees, Mr.. Belknap in the sum OF So, 200, Mr..
Prince $4,000, and Mr. Johnson 81 900. Judge
Shaw ruled, however, that the witnesses were not
incompetent, their interest being remote and con-
tlneent
Mir. Bartlett opened his by . recap,tulaton Of
the principal details connected with the death Of Mr.
Philips and the relation he bore to the parties who
were heirs law aothe disposal OF his estate in ths
sin gusr he had done to parties who had not
the most remote connection with him, and who had no
expectations from bin. The history of Mr.. Philips
Of misfortune He had so much abused hun
telf, to bring upon himself local disease Of the
brain 1t led hin, to entertain appearance Of dtfu
ness and mistrust and laid him always under the con-
troll OF master mind another as circumstances
turned cut lie Wa the grandson Of the late Governor
Philips He had been left somewhere about $500 ooo
and under the guardia nshp Of MIR Josiah Quincy
and Mir Jonathan Phillips the latter OF whom from
i'll health, not sbe to attend much to his wards
coDduct-the superinteuce OF which WAS left to Mr.
Quincy. Phillips. It would be shown was Of al mbe-
ollie mind sDd thoroughly under the control OF one liz
divdual His conduct in devising away his property
from biz family unnatural to the very leat Oft
How q could entail his money on the male lins
Of collateral bIapoh Of his family, in preference to
giving IL to his blood relations curious fact that
would be demonstrated in evidence (; and the undue
influence that was exerted BY master mind who had
him under G, nro would also be testified to- First
IL could be shown that Phillips became imbscils
through habit he had got into aud, secondly, 1t
would be shown that IL was when In this state. or
rather. when in crazy condition. the devisement OF
his property made In the most singular and I'M
uisl u amer he bad done The third question was
one Of aw-which was the same as had been ruled on
by his Honor. That the incomp1tency Of the
parties witnessing the will to give evidence. on the
ground OF thir being iptercstd parties The question:
when the will executed.-~hether on q sunday
and the particulars connected with the trustee
paper would also under tho consideration Of the
A deposition Of DR.. Wesselhocft, of Bratilsboro',
was offered, to show that Philips, through long
course Of indulgence IN solitary vice" had be-
come Imbecile mind well as de btdted In body;
that he was at times under unnatural excitement,
and discouraged and alarmed about his health, and
had NO confidence IN his swn ability to manage ms
AFFAIR."; that consequent upon his habit OF salt
ABUSE, he had an affection OF the brain, accompa.
med by pain IN his head above his right ear; aud
that me shot himself In bed with pistol the ball
entering the spot where tins pain usually existed.
Dr. Bell was examines at length; but his trst-
Dony only went to show his opinion OF DIR. Wes-
selhoeits opposition, OF the symphonic described
by him. Of mbecility, efircts OF selt-lndugence, &c
Dir Philips, the residuary lrgatee, testified that
his Intercourse with his cousin PRIOR to October,
ISL, was not very intimate. He had no reason TO
suppose, from the intercourse, that he was to be
hue rrsiduary ega,ce. A letter show, him was a
copy OF letter he wrote to Mr.. Quincy and, so
far w he remembers, copy ut one Mr.. Quincy
had scrOlled tor HIM Ia copy every word. lie
wrote II without considering the language. Ii 10
dated the 10Th Of June, 1913, and bears evidence
that the winter is surprised and astonished at the
fact ot his berg Issse residuary legatee, and that
the tesraors sisters not directly provided tor
by The will but in lieu If this neglect, $1,000
was offered 10 each, to be considered the legacy
of their brother. This letter was addressed To
=" Lion. Josiah Quincy"
Another letter from the witness, countermanding
this offer, read, and annulling all acts
eu-nt ON the former letter. This letter was writ
ten by witness lawyer-Bostoa 7Sapeaer, July Ia.