The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1860-08-01
The "McKenna Will Case.


We announced last week the commence
meni Of the Trial of this cause at au Extra
Term of the Cour, for this Distinct, begin
ming on the 23d July. The trial occupied
Eve days, AID at IL O'Clock o1 Friday night,
the Jury rendered verdict against the
WI.
AS ne stated last week, this case elicted
vast degree Of public interest al interest
unprecedented in the judicial history Of our
District. The feeling was enlirely upon
one side-against the Will, and i there
vas contrary sentiment, beyond the par =
ties Immediately Interested, i w=s too fee
bic 10 announce an existence amidst the
overwhelming voice on the other side
The Court room was crowded every day
during the progress Of the trial, and we
noticed among the spectators good paoy
strangers from adjoining Districts.
The proceedings Wee so extensive that
it is impossible for Us 10 GO into payilsuIars.
however we'll We would like 10 report a
case Of 80 much interest, aid n-te out
line history Of the progress of the sau.e
and cOnneS.Gg circumstances, are all that
We propose TO furnish in this connection
The most Of our readers are familiar With
the history Of this case up 10 the present
trial. la Nsrch 1859, WIN. Mckenba died,
leaving Will, aud property supposed to
bc worth a: !easi two hUnSrga ihOussnd
dollars. The wal. after providing for the
paymen, Of 4 number OF small lex acies and
aunuiiies 10 relations Of the Testator, be.
Queaihed three fourths of the residue OF
the Estate 10 the founding Of n Roman
Catholic Orphan Asylum, in Charleston ,anf
the remaining one fourth 10 the institution
in that city, known as the "Sisters Of our
Lady Of Mercy" The WI Was admitted
TO probate in Common form and immediate
ly thereafter, the only daughter Of the tes
taiOr, Ito whom be had bequeaihed an an
nuity for Efe OF only fifty dollars.) toge:b.
er with her husband, J. +. G. Millag, with
the view TO contest the validity of the
Will, instituted the usual proceedings in
the Court Of Ordinary, requiring it TO be
proved in solemn form. The Ordinary, up
on hearing, decreed against the Will Tue
Executors appealed from hi. decision 10
The Court Of Common Pleas, and The sag-
ges,Ion upon this appeal came up for trial
last week.
The prominent grounds WPOn which The
Will is contested, are, the Informal exc
cuton OF the paper. the ineomPe;erey Of
the teslat-r, undue influence btOsgh. to
bear upon him in The making Of the VII.
and insane aversion of, and deIa.ioE = re-
specI TO his d-ughter zad her esIsdr-1-
Both sides HeIe represented - A. array
Of counsel PrOOoriion=isIO the ksasy -
bors aud importance Q. the soii The EI-
eeuiors, u no are the Plaintiffs 10 tbs. Court
By Messrs, DaNk kius & Wyiie, Ksr.hl~ &
Connors, and Col - BASKET The coo.
;esiants by Messrs. J. Williams, Williams
g. Allison, w. a. Moore, and J. Bolton
Smith.
The case WAS in IrodGeed 10 the JGry By
Col. DAwkiDs. The opening testimony Of
the Plaintiffs consumed the 6rst day; it
wss principally that Of the subscribing wit
nesses 10 prove the execution Of the Will,
and that Of AequAintsnees Of the tssissor
70 prove his position, influence, capacity,
frmness and freedom from susceptibility
TO ipfioeDee from others
Mr.. Geo. WiiIiams opened the defence
to the Jury on Tuesday meYning. The
hearing Of the testimony offered by the
Defendants in support Of the grounds indi-
Gated, consumed nearly two days. They
closed about 5 o'clock on Wedae,day, and
the Reply occupied from that time to
the hour Of adjournment for dinner on
Thursday.
The argument was opened on Thursday
afternoon by Col. Kershaw for the Plain
lifts, in q speech Of near fou. hours, Col.
Kershaw was followed by Mr. J. Williams
for contestants in . speech Of two hours.
Mr Williams was followed BY Mr.. Geo. w.
Williams, on the same AIDE, 10 3 speech Of
two hours and forty minutes. Col. Daw.
kins spoke 10 reply for two hours IL WAS
never our fortune before 70 hear success.
isely 30 many able and brilliant speeches
in one cause, and never before rerhspa did
the walls Of our Court room resouod 10
such potent and ssinins sIOqseDee. The
field was ample. The occasion one Of i'm
nsOse interest spd the speassss did fall
Justice TO bOsh- Tia a,ga@soi closed a
bost so'eloek Friday sfsenaoa. whea be
Honor, Jsdgs Gloves, proceeded 20 deliver
ihs charge 70 The Jary.
Hs Hcsos, sfter sdssriing 70 tbe popa-
lar feeling sgHinst ihs WIZ, and sdoonish.
ing the Jsry that they wosId be usEt 70
sit in cosrs Of Justice unless they ssfs