Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1853-07-06
THE SIAN RID.
RAIE1aH. WEpNEgpAY J1l.Y 9. ls5s.
OUTLAW

-. a,,,, SINGULAR cse: has been engaging the
Of the Superior Court Of Wake,
.. s,,oc;a, session, during the two past weeks
- M.NLy presiding The case was COM
,aonood an Tuesday, jury was obtain ed
very speedily, and the trial Sat once proceeded.
We have never seem n any case, more talent
learning ingenuity and patience displayed, respec
lively, on the parts sof the Court the Counsel and
the Jury. The number Of witnesses was very
laroe-perhaps one Hundred were called, two
thirds of whom were put upon the stand-and
the giving n.of the evidence employed the time
of the Court, during forenoon and afternoon SeS-
sions, until Monday evening, the 9th.
The suit commenced at June Term, lS49, O.
Franklin County Court, when a Paper-wrltlng,
nurnortino to be the will of David Outlaw, who
deceased in that county the previous 2lst oil
March. was offered for probate by DIR. Joseph B.
Outlaw. who claimed to be the sole legatee under
the will |. 1t was written upon half sheet of pa
per, without attesting witnesses, and without the
appointment of any executor, in the following
words, namely -
.ts INV wish and desire that my good friend and relative
CDR Joseph Outlaw have all my property of every des
"cripton.
"Dec. 90, ls4s. DAVID OUTLAW
To this will, thus propounded, Mr.. GILLIAN, on
behalf of the next-ofkin, George and Ben. Llur-
die and Others, of Orange county, entered caveat
Messrs. Muller and G. w. HAYWOOD appeared for
the plaintiff; and by CONSENT the issue was made
up, and the cause carried to the Superior Court,
and afterwards removed to the county OF Wake,
Meantime the Court allowed DIR. Outlaw to quail
" as administrator, peHdcnte lite, upon the estate
Of the deceased.sas7
Several former attempts to try this cause have
been had in Wake Superior Court, three special
sessions of which have been called for that pur-
pos The cause was once continued on affidavit
of the defendant, and affidavit of plaintiff,
ON account of the absence of material evidence
on another occasion the jury unable to agree;
and on yet another occasion, the cause, after con-
tinuing for several days was terminated by the
sickness of a juror, and went over. The act of
last session of the Legislature, allowing the Court
to sit over one week, for the trial of an unfinished
cause. gave hope that this Iong-pending contro-
versy might be decided the cause, therefore,
deliberately and carefully proceeded with and it
may safely be assumed that the trial fair
one in all respects.
Counsel for Dr. Outlaw-B. F. Moore, II. W.
Miller, d. K. McRae, and P. II. Winston, ard G.
W. Haywood, Esqs. For the Caveators-Hons.
g. E. Badger, W. A. Graham, Charles Manly and
Perrin Busbce, Esqs. The following Jury were
empanneIled, namely :-Fenner Young, Alfred
JONES' Thomas jenkins, Andrew Belts, John S.
Johnson, Everard Hall, VIM. F. Flackwood, VIM.
Young, Troy Ransom, Andrew J. Woodward, anG
Law. Hinton.
Our limits do not allow, nor perhaps is it ma
terial that we should enter into, particular ex-
animation of the great mass of testimony intro
duced. We will endeavor to present condensed
summary upon each point, for the information Of
readers.
The deceased was born and raised in BERTHE
county, but left the low-country some fifteen years
before his death, and spent his time principally in
Orange and Wake-in the former county, often
in Hsborough, in the neighborhood of Faucets
Store (nows Al.mance,) whore family of Hur-
dies lived, who were his first cousins; usually
visiting round in the neighborhood; and, having
converted nearly all his property Che owned four
negroes besides into money, it his business to
loan it out; and he travelled a great deal, in
circuit nearly uniform, from Nash and Franklin,
through Orange and Wake, up to CaswelL, col
Letting his interest, and living freely with the
neighbors. lie had other relatives in these coun-
ties, besides those first cousins, such as second
cousins, and DIR. Outlaw, whose relation to the de-
ceased we have never clearly understood. Near
iyall the Witnesses however, testified to his ex-
pressons of great friendship and affection for the
Doctor, the high estimation in which he held his
professional character and the deep interest he al
ways seemed to feel for his welfare, as well as his
family pride in the name of OutZaw,-while, at
the same time, il clearly appeared that his feel
lngs OF attachment were equally as strong towards
george and Ben Hurdle, whom he acknowledged
rs his nearest kin upon earth-and to whom, as
well as to9Dr Outlaw, he frequently declared he
would leave his property at his DEATH The
hurdles ne considered honest, industrious and
caretui men, who would take care of his property
while OF the Doctor he remarked, on MANY occa-
Sions' that ne knew not the value of money; was
Prodigal and lmprudent in living; and if he were
possessed Of sCameron's fortune, Or owned wolo
county, he would soon spend it all. It did not
appear from the evidence, either, that the Hur-
dies had ever sought to employ his capital or bor-
row his money: but tho Do.