The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-09

and that, inasmuch as he, had declared
his purpose, before and atter the exeeu7
tion of these pdpers thHt all the pro-
ceeds of that Mills farm was, to go to
his unfortunate son, the jury Will
say 1t shall be done accordingly, not
withstanding the device of George w.
Thompson to put ten-thousand dollars
into his own pocket at the expense of
his unfortunate brother, whose wrongs
must speak through the lips of strang+
ers since his own are sealed in eternal
silence and his own relatives instead of
redressing those wrongs are the authors
of them; that, again, his declared in
tentionV to- execute as just
man, SO that he could go to.
his God in peace, as he told his old
neighbor in his own simple words,mtQ
execute the trust committed to him by,
his poor son Edward whom he had
pitled, that he intended the farm should
90 to Daniel when he was gone, and adj
vised Daniel to puy out his two sisters,
paying them each their third of their
fathers estate vested in him,-was his
will, and shall be carried out by your
verdict that this inputation shall not
be cast on this mans memory by this
contrivance and device brought up by
his son.in-law. that he would eYade the
enforcement of the trust against the eS-
tate by putting into his will the atro7i
cious provision that no one, legatee or
devisee, should take under this will
save those who would quit claim and
release all right and title they
had or might have to anything
devised by 1t to others that you will
not aid q continuance of this sort,
especially when the declarations of
Daniel Steenrod are in direct contra
vention of any such purpose. The pur-
pose appears alsoin the notes of George
Thompson, read here in the presence of
court and jury. They will attend you
to your room. They were kept, boubt-,
less, Without consideration by the VEN.
cradle man, Mr.. Jacob. There is no
faint on him in this matter. Perhaps
he had no knowledge of the trust be-
fore. But Daniel Steenrod had knowl-.
edge of the trust; and he made no con-
cealment of it, and intended none. He.
told 1t to his neighbors as we'll as the
mother of Edwards children, that it
your verdict, If you do justice, you
must set this will aside.
These gentlemen say this trust may
be executed in another way. Gentle
men, that is giving away the whole,
case. If it can be executed in another
way, that is evidence it ought to be ex-..
ecuted in this way; because if that is
fact, why then it Is fraud, it is an ex-.
pressed fraud by whomsoeyer made;
and fraud vitiates whntever it touches.
u is the heart ofthe will; and the viii
itself, If that be your conclusion, is
damned.
L say again, gentlemen, I aequit.
Daniel Steenrod Of any purpose of this,
sort. The testimony is conclusive there
never was any such purpose in his
mind. His purpose was to do Justice to
all his children; and fhe has failed of
this purpose, it is simply because, in
the language of the authority read by.
the gentleman, he was circumyented by
a cunning and designing man who had
his confidence and was therefore ena-
bled to betray him.
leave the case with you, gentlemen,
thanking you for, the attention you
have given me ~ " = ~