The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1859-10-05
The McKenna Will Case.

nesses to the Will had been decided in the
negative. Likewise the motion before Judge
Withers at Chambers for writ of n,anda.
,ous TO compel the Ordinary to issue said
commission, attaching the original viii
thereto. Judge Withers held that the pro.
per remedy was by an appeal to the Court
of Common Pleas. His decree was also
directory to the Court of Ordinary, in so
far rs to suggest that the appeal, if taken,
should act as suspension Of the proceed
ings in the latter Court until the appeal
could be heard, in ;he event that ut the next
sitting thereof the subscribing witnesses
were not present. Upon this, the counsel
for the VIII took the necessary steps for
prosecuting an appeal, as suggested in the
decree o. his Honor. They likewise ap-
Npealed from his Honor's decision refusing
| thc mandamWS
| ! Thus stood the case when the Court of
Ordinary convened on the morn ing of the
y37th ult. Mr.. Northrop, one of the cxecu.
tors, stated to the Court that he had made
the utmost efforts to procure the personal
Attendance of the subscribing witnesses :
that after repeated and urgent solicitations,
he had succeeded in inducing Mr.. Ellis. who
did not believe himself legally bound to res
pect the summons Of the Ordinary, to come
up to the trial. But rs regards the infrm
and aged witness, p. c. Grimball. he found
it impossible 10 procure his attendance -
lie was the bearer of 4 letter from Mr.
Grimbull, addressed to the Ordinary himself
in which he expressed his great regret at
not being able TO obey his summons and
thereby do justice TO his former friend, Mr..
Mckcnna but that to attempt 10 urncv TO
Lancaster in his present cnfccbled condi.
ton. he felt constrglned to believe would be
at the risk of his life. Mr.. Norlhrop desired
the Court to understand that he had done
MI in his power to insure the progress Of
this cause rs well as in respect to his Hon.
or's Court, who had dccrccd that the Wit.
nessrs must BE- personally present before
the vii! could be proved
The Court was satisfied with Mr.. Ms re.
port ana ntimatcd that il would not press
the trial until the appeal pending could be
heard. Mr. J. Williams, for the contestants,
expressed himself rs being entirely satisfied
with Mr.. Northropa statement, and required
no affidavit, upor the point of Mr.. Grmbalrs
inability 10 attend.
Mr.. Grimbal aud Mr.. Eris were the only
subscribing Witnesses who had no, been cx-
naH- nsI ait M t, Ill i.n NJ
Ellis being present, il was proposed by the
counsel for the VIII tu take hs testimony,
after which the Court to adjourn until the
appeal I" try the question Is TO tho commits
sion could be heard, as suggested by Judge
Withcrs 10 the Ordinary in his decree. At
this jnncturc the contestants submitted
| proposition, which would tend to materially
shorten the proceedings in the Court of Or
dinnry. After some delay, the proposition
was reduced TO writing, agreed 10 by both
parties and signed by their respective proc.
tors. The agreement is as follows:
lst. That VIM d. Ellis bc now rxamiu
| ed
I'd. IL is admitted that L. e.. Grimball, if
| present, would prove the formal execution
of the Codicl. This admission only for the
Court Of Ordinary.
| Sd. The contestants are to examine one
| witness as to the relationship of Mrs. Anna
! Miitag to the Tcstator and To his are-and
signature and handwriting of WIN McKen.
M, to. IN or upon any papers. Also any
| other witness rs to his handwriting
| 1th. Also contestants to offer and prove
any papers, properly admissible in evidence
in relation 10 the said relationship 10 Mr,
Anna Mittag and her children.
9th. The appeal from the Ordinarys de.
cIsion as to the motion for commission
and the appeal from Judge Wither's d.cis.
ion Cn the ma,ldamWS, TO be- abandoned.
9th. Executors NAV examine one witness
on the subject of McKrnna's handw riting to
the Will, subject to all legal exceptions 10
the competency of such testimony.
9TH. The whole matter Ia be submitted
| without argument
The 9th article in the agreement vas ad.
dcd at the suggestion of the counsel for the
viii.
Mr.. w. d. Ellis was then sworn. Mr..
! Ellis is by profession dealer in slaves. At
the time OF the execution of this paper he
was resident Of Charleston, but now his
place of business is in New Orleans. He,
however, spends but little time in the latter
place-is generally upon the wing. He re-
cogHized his signature to the Codicil and
remembers TO have made it under the fol.
lowing circumstances He was boarder
Mt the Planters Hotel (then called the Cal.
der House) Charleston, s. C.. McKenua
was also n boarder Witness. p. c. Grim.
ball, and McKenna were conversing togeth.
er in the public Hall, when Mr. Allcmong
came i'll. McKonna and Alemong passed on
into the gentlemen's parlor. In few mo.
ments Allemong returned to where witness
| and GrimbslI were, a1d asked them to 90
in and witness paper-does not remember
whether AlIcmong named the nature Of the
! instrument about to be exccnted The three
went in the room together where they found
Mckcnna standing by n table with this pa
per before him. Does not remember what
said frat ,rh.n Al