The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-05
THE AllAlaE WILL CASE.


Osacission Of Tn. TriaI--Argument Of Conn-
sel-Chargo of Judge Davis-The Case Left
g the Jury-A scaled Verdict - be Rem
Aor~a This Morntng.
supREAe cIRcurr--PAET III.
BEFORE Judge Davis
Or a-Fdncss Roe asd Oteys C,cilia r. AUrire.-
rhe contest before ary Ia this concluded yes
ssrday Tho leading pcuts in the testimony have already
,esn published in the HIRAM This morning James T.
Grady. the part Of plaintiffs, summed up in lengthy
sssd eloquent argaipeuI Hs commenced by
remarking that he coriaiu every gentleman
% the jury felt q strong interest In the
.-sse II addressed ITSELF 70 our humanity to our
asaTts TO or SONS, well TO our inteli-
seans He upon the jury gentlemen younger
thea himseif-eenuomen who had attained the
ssne age as himself All Of them recognized
Tho solemn Circumstance Of DEATH Webster said that
man might live as conqueror or kns, but he might
siic only as man Ha tMr Brady knew Mr.. Ailaire.
lie knew him n young man kaows an oldcr one. He
was very intelligent mechanic, and no question was
made a. 70 his capac ~ America had grown proud o.
her mechanism, and 80 read In the London Times ar
dicies in which high praise WAS given 70 this
.s0untxy thsG correction Counsel felt plea
Aiairs He could not say anything unpleasant Of
him tire presence Of his blind daughter ana
liis second wife wiz Ter son standing WITHIN hearing
IL would not DO decent tor him 70 utter anything against
che lady Mr.. Alsire died at the age OF scventyt~o
years. giving TO that hind daughter only 500 lhat
~ the case, He Mr. Brady wou,d ask the jury
whether that tbs act OF father exercising his own
ali and knowing heart boat his bosom which
she Almighty filed with love What had Mrs Roe done
chat her father had gwen additional blindness 10 her
oatures Her blindness was no pain ike that imposed
upon her by the acts ol this woman. She Mrs Alaire
had made her husband lind 70 the interests q his chill
'iren but the Jury would let in the daylight 20 her
darkened and send Mra Roe out OF court that
slay with a new light He (Mr Brady would confess
that he felt good deal about the case He not
that this will executed without the formal
tics Of Law, and u hna been executed undue influence
exercised to procure il The nans of the iesator
should he subscribed % Tho instrument NJ the end OF
document II should pc witnessed by two persons.
Tho proposition OF plaintiffs that the other side hal
failed 10 establish The that the will had been
suited Ia accordance the statute Mr. Brady here
went 10 critcse the evidence Of Hart, one o the
alleged Witnesses 10 the will. and then conceded that
this second wife, this siepmotber had perfect right 10
employ Kindness attention, the grand eoqnence OF
Woman = presence, ana ali tn Immense power which
. woman exercises over man, in far way, TO
obtain suitable provision for herself and her boy He
.sotld admit thai. hut there different state OF
affairs the at What had Mrs. Roe done to
Mrs Aare that the latter should exercise her influence
To have bini c.id dismissed by her latner @h
tlO0 IL true friendship did not exist - strongly
sbcfweon women ~ betmcen msn women hta knd
hearts until tho World .rampled upon them aud crushed
'ohsm II Cecia had the natural insf, religious
sentiments OF good she could not have per.
mi,ted Mr.. Aiairc 10 make such will TO the exclusion
nf his two aud t~o da lghters. These sous and
gbt-rs stood there that day ask the jury pro
claim that such q Will tho act Of their
father Counsel then passed 10 u discussion OF the
nature Of the aieeion which existed between
Mr.. Aaire and bis Children charging hs sec
ond wife with Causing y enlargement in this
II had been charged that his children had
4 serted Mr. Aiaire but sucn was not the case Il was
also charged that the, would not approach him In the
hours Of his adversely when sickness troubled him,
aad that Miss Cecilia Ionpkns-aferwards his SECOND
~ife--wss the only upon whom he could rely for
attention after the death o the first MIS-. Allae. The
evidence produced The trial would contradict these
assertions In his hour Of 81 knees could he call
MIRA noc whom he loved with tender Affections Why.
he iovsd her above all others Of his chdrsn Mr. Brady
ssostinued In this STRAIN argue the impossbIlisy
sf Mr. Mlaire making will cutting or children Of
his nr5t VITO with enc hundred dollars each unless
usdue ind ence had been exercised BY hrs second wie
aod concluded with eloquent appca - the Jnry %
take no consideration the rights OF his clients aud their
undouhted claims IN the contest.
kIsurrogate Brad ord followed in behalf OF Mrs. Al
sre csuoning the jury against allowing their synra-
Ehes 10 carry them away while the discharge Of their
tvty There certain duties which they owed 10 80
s,ety. IL they should dispose Of Mr. Asires property
he di not wish 10 dI4pose Of u himself there would
10 end to all stcc and all safety. ana there could be
no need OF the testsmsnlary law. When tho ease WA
tired before the surrogate EFFORT made ds
prove tine handwriting Of tie estator effort also
nude dc. q prove ,ss 70 Ths .s s.n n,o r
~ be Intellectual Mr. Bradford then
the details Of the evd produced in the
OF any undue the part OF Ms. Allare.
and con.endng that the testimony regard To the legal
execution Of the will was null and complete.
Judge Davis then charged the jury He ssld the case
Acr their eonsidsrau0n 3 very important one. not
eione The part0e themselves but the
fhA questions aud the amount involved The Gercrs
form e the Supreme Court had sent down i've questions
which became the duty Of tho jury 10 There
wers two main questions 70 be ted6rSi, 10 The exc
utoa ef the viii and second, TO the alleged undue
islusoc. The Law had been conceded by counsel for
the parties opposing the will that every man. being Of
SQUAD MAD, hes perfect kht 10 make such position
f his property ploases himself with limatlons
which were Of importance In this Unless there
could Be proved undue influence lncapacity the
wound intssfese with the will in any In
This u appears that mr. James Y. Allaire IN the
year 1850. uas man Of vigorous bodily health No Al
lack made 10 hts powers Of mind ply steal
aifio0. A. that time ne made an instrument pfp-
vo0ndcd In court his lAst viii and testament The
hrst question 70 be determined 10 proper
Tue Law pvcscrsbcd certain forrnalaes and the
Assmed necessary " carry them out literally only ihe
substantial compliance va necessary In the ~
ssus, the will having bean prepared, was claimed on
sho part Of the persons propounding thss u sub
scrsbea In the presence " two vnesses The trt
Mr.. Haley. who dead. The 81 this gentleman
called who psovsd the signature that there
40 controversy ths head The also testifed thai
snre, IN the handwriting al his father Hasey being
tbsrseorc deceased and hn handwriting having bs~n
proved n followed Law presumption that In reSpcct
70 him the execution Of the will proper and regular
Tho nsst quest asked for the Jury decide
Shether tho paper signed by Janice Alsire In the
presence OF eli the subscribing witnesses hsveo, and
oct, whether the same signed in tbs presence Of
any u them, and Il "a, which Of ihsm7 Judge Davis
Then went 70 detail upoa the mature Of the evidence
stsodUccd upon bosn sdcs, directing Ne jury their
Sares the under the law and calling their zaten
70 the foscbie points Of the testimony He directed
the jury 10 bring 10 q scaled verdict this morning.
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