New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-05

mens and read extracts from the printed evidence 70
show that aner che first wios death Mr. Aae became
estrnnged from his children, from no fault OF theirs
Mr. Bradford replied briefly after which Justice Davis
CHARGED The 1ry IN substance as follows this it mp
nea without dispute thai whom the tcstator made this Will
nc sound scc %9G to che se This viii was sub
sord IL is commended in presence Of at least two Witnesses
soD evidently eSaladd win be ysur dn to say was
executed tho presence OF Mr. Kelsey As % hr Hart inc
SECOND witness 10 will the question is taking his whole
testimony into consideration what weight should DO given 70
Il Mr. Hart ese that tho testaor wrote bis name 70 The
win or spnaany did while standing PLATFORM so that
tha witness could not what no wrote bus that Immediately
after writing asked the winosse to appeal their names
Grafton believe that the viii was properly executed.
and attested substantially according g the statute
Statement some time ago that he had no remembrance q the
circumstance Of signing the wiz but ho frankly ADMITTED 1 bed t1n
succeeded The credbty Of this witness is not ques
TONED but 1 e. y iS Ga 3 ss Ssn 70 %
tho will was substantially executed In tho presence OF both these
witnesses As 10 tho last witness Mr. latham he is wit
pes who has entirely forgotten transaction But that
would not be material If others could prove his presence pr
Hnsey cannot provo that neither can Mr. Hart MI iihr
says that Mr. Tatham there at the timo Of tho signing
The question then is his signature 10 proved ms sg
natur Is proved affords presumption that he signed IL In The
absence OF any proof he did not But Mr. Hart
testihes that he was not present when he slgh ~ %
would then that been properly attcsed Il s1ed
in the presence OF Mr. Alare; but tnakes no material %
once about this witnesses signature those o TIC other VIZ
nesses considered satisfactory In relation 70 me
under influence 1t must he proved to
that the influence used was such as 10 cause ue IL a
upon act in the manner no tho person Soea nv
attempting to control the pco acted upon o, ,c case
hist necessary TO take al Tho circumstances OF An The
previous to the making Of the viii into " oanier
evidence goes 90 prove that Mt AaIe was moi tc 10 bo
able mental caber and force OF character n, baxe hcn
swnyed against his judgment Hc Is conocui ~ ~,
man Of sOIInI o MA 9s Sfe IN i The lady who after
ward became his wife was an inmate Of The family from os
M s,stT when sbe married. him. AT period OF
this time he became attaebed PcIaap' uoisy a.; NH
d he became VERY foBd-and perhaps fOolishy soofher On
sch evidences jury would be entitled to overthrow the
hbnnS il caring for and nursing him undue aal
She may be very assoRac ana dw =. c e %h c1
courage such Attachments Chancellor Kent had laid down THIS
1s principle ne aeqSIeIen. o Wealth nS mo cr at
Kindness which requires when other ATTRACTIONS
failing. Tho absolute power OF tho disposal OF goods
Kind and affeccnato trcotmcnt That undnc nau
in itself but the state Of mind may be con.
the question. This will. male in is'9 len to one
drcn ~ the first 500 second vito his whole
properly with these exceptions for her lie with Teanser 10
her child This wl looked fon their standpoint being indis
Our sympahies excited BY the position Of Mis-
Roe blind widow tho daughter OF this rlc man. len TO strng
S win PTye n% hO %,S qI s .D od I5 That
why they should ntscre They could only IN
qnre whether 1s paper wa %. WIZ And N S"rie,9g .c
made in 1880 All after that time mad no effect put
time The lad made before this two wills Ono in lsil
giving but 500 To one child and cutting Oh his son james ho
uy with show OF angry feeling than customary
find wills and giving the balance among hi, other children
The gives h property mainly to
absolutely II Is clearly apparent that he man Of strong
hkes and dislikes lie angry az grandehid orsyns
him finger instead Of the whole hand al one child for express
ing doubt Of his marriage with his second Nie Even before
isIl he had great dislike for his Jamrs II manifest
that Mr. AlaIe hnd nom some circumstance taken an aver
sion most Of the children by his st wife thinking that
they neglected. him and were wanting an hal duty ssd h
influence OF hi lady who became hs second wife snd from
her poisoning bis mind an. l and YS gcd to s
tuition q arOher mind for hs mind you must sustain The Wi"
The Court then explained 10 tho jury tho form OF tho special
verdict questions rslng tho execution Of the viii BE-
ing answered on the spot and directed them TO bring IN
srEClAL TEny.--I3eforc Justice SUTHERLAND.
QUESTION or PRACTICE.
Leopold Bumayer hgt Israel ldttcrmnn-
The defendant was recently discharged by the CITY Judge
from several orders of arrest ON heoas corpus and now apple
am inclined 70 think that the order Of should not
what dogbtfal whichever way decide there IN doubtless
he appeal to the Genern Term Motion % ya.,e oer Of
denied with $40 % abide the event Of the scioa
UNITED STATES DISTRICT COURT-ocT. l--Bcforc
Judge SIuiNAS
The Admiralty Calendar called yesterday in
the u District Court BY Judge Shpnon bot busHcs
other thnn the setting down OF cases done
COURT OF COMMON PLEAS-SrEcfAL TTRN-Ocr. A.
Before Judge BRADY.
THB NITRo-GLYogRISE coSTRoyEKsY-A CHANGE or
PARTIES AND POSITION.
Otto Bursenbinder agt Joba w. Afrun.
IL will be remembered That criminal prosecution
ives colHenced before the United States Commissioners
pn Of nitro rycerno in san Francisco Col Busstenbiner
has brought an action against j9hh W. Anon the super
intendent Of Wells Fargo 60 Er<ess on whose affidavit
The proceedings commenced fy i.e imprisonment and
malicious prosecution MT Ches = Mcie TIE counsel for
which grnhe the bail being liked at sl3oO being 500
lees than tbs damages claimed b. the plaintiff
Mr. Afron on being arrested Of once gav' bail In the
--' Tm4r TERN PAR1 L-BErom JUDGE CARAozo
TuE MILK VIZ DRINK
VIM W Hartford ct al agt Geo. Reeves.
Of s9o with interest IRON Aunt 5s which they aeee to be
due milk sold and delivered to the defendant euring the
dan they produced memorandum signed by the dndant BY
which appears that settlement Was had between a parties
In Augus ia4 when II found that the balance due 10 the
plaintiffs by the defendant s3-thnt amount SIN re-nin
Ing unpaid this action Is brought TO recover with inier
Amounting in all $50 The defendant claims that IN IN
Summer 1854 be made agreement with the pantihs by
whh they deliver 10 him R pure as came from The
animation contain from three 10 four quarts oil Eatg per
can thereby reducing rs value cent pr 4ar iai ded1euns
the plaintiff indebted 20 him IN the sum OF ESQ over ana above
delivered The milk in the sane condition they received &
from the farmers The jury returned 'eiet Tor the panS
L IL Dickerson for plaintiffs; J. Bryan for defendant
before Judge DAILY.
RAILROAD CASE.
Philip Lowentha agt the Third avenue Railroad Go.
According the evidence In this the plnnih rented
noon OF he passenger room Of the Third Avenue Railroad
To- for rereshmen stand at rent 600 per annuIn payable
monthly written agreement for three years was made out
hut was never signed by the defendant who President OF he
road although had been submitted 70 him and corrections
had been made bis suggestions upon this understanding
the pain believing himself I've tenant from year 20 year
went 10 some expense fitting his place up The defendant
however understood the matter differently aud having heard
several complaints with regard the conduct Of tie nintn
notified him 70 his goods this he refused TO do assert
ING his right 10 remain until his was out the defendant
thereupon eleoed him from the premises.
out
N b mccarthy for plaintiff p Lowery for defendant
Before Judge CAApoIo1
OWNERSHIP oP STOLEN BONDS.
Frsbriek Leybel agt The National Currency Bank ,
This is an action brought by the plaintiff against the defend
ant arising OF the following circumstances On the mig
OF Sept 70 1865 house Of the plaintiff entered au
t7Dj worth Of United States bonds the property OF the ,
I'm stolen As soon as he discovered this he had elr
- .u.lL.l M n lua.ri