The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-09
NO.6 g..
agallnaL a the snbsequeht deolaEatIona

against all the subsequent declarations
And that brings me to the evidence,
which is perfectly conclusive in this
case. The law says these declarations
are admisslble4 what puFposeS
Admlssibl for the very purpose. in the
iianSpage OF this authority I have read
IN n the progress OF the trial, OF enabling
the jury To know by the only direct tes-
timony possible In the ratnre OF things;
whether Daniel Steenrod comprehe hended
the body OF that Instrument which they
call MS VIII. Why his intention Is de-
clared by the testimony OF tho young
man, for example, who had lived with
him from 1852 to 1851, n period OF five
years-young Porter; and that inten-
ton was to give the Carroll farm to
Daniel. He said il often, His inten-
ton was repeatedly declared to these
uisposittOn of his property as thIt none
OF his children would complain. His
Intention was, further, to make them
equal. HIS Intention was, further, to
right the wrong done by the uneQuaE
distribution OF the will of his son Lewis.
What does he tell his old neighbor
when he calls him INF He SAYS, 'tE
cannot die in pence until mako 4 lust
distribution of my property. Lewis
has forgotten his poor sister Emma in
her nothing He, says, further, 'I
ulust make my estate equal because I
have expended large amounts of money
upon Lewis and Thompson, in obtain
ing office for them, because I have given
Lewis all he ever had and he has for
gotten his poor sister, rt'i lif
All this is in evidence. Gentletfieu.
i don't know whether ought to dctain
you by reading tho names of all these
witnesses over, but they nre numerous.
The gentleman intimRted he was ats
loss where to look for the evidence
which touched on tho capacity of the
testator. / am at no loss to look for it.
Gentlemen come here,-Yery reputable
witnesses give their opinion!
What is the opinion of d witness worth
where 1t is not a question of insanity;
where 1t is a question that docs not I'M
yolye tho experience of any expert
against the solemn declaration OF the
testator himself, showing that he did
not comprehend the purpose Ofthe paper
Mt all, and had no such intent nor purs
pose in his mind2 Before tho paper is
signed he declares his purpose TO make
very different distribution of his pro-
perty. Aft9r IL Is signed he not only
declares likepurpose, but declares ha
has made nn equal distribution amongst
his children, and has done Justice by
them all. Yet here are those four or
phan children utterly forgotten in tho
transnction. The gentlemen affect to
break this statement because he did re-
men1bertwo of the Feeney children who
were not mentioned in the Instructions
for his will when he took those InstruC-
tiOns to Mr.. JHcob. Well he must he in
very demented condition not to re-
member the whole number OF the mem-
Det9 of his own house. But the truth
is TINT Mr.. Jacob asks Mr.. Steenrod'a
attention to tho fact that they were
omitted before he said word about it.
How does that explain the omission OF
the two children OF Daniel SteenrOdP
It don't explain 1t all. There was
nothing said by Mr.. Jacob'on that sub
ject, aud nothing said by Daniel
Steenrod on that subject, there. He de-
clared, he held that other land given to
other people by his will, as a trust for
these very children. What did gem
tlemen then dor Finding the matter is
not explained, they undertook to show
these families which had been ignored
did not call children after the old gens
tleman; while in TACT tho only family
that did call children after him isithgS
family of Edward, in which is theonlY
member of the family know of that
bears his name; aud this family is
more outraged and wronGed, if!pos-
branch Of his house. @ 'ns So tbSSs InS
don't explain this thing at all. ID
wns necessary to get rid of course of
this testimony. Hero were these witt
nesses, ten or twelve 0flthem, ull testi-
Tying to the continuous Cleclarations of
this old man that he intended to make
an equal distribution of his estnte-H
VIII 80 Just in its provisions that thera
should be no complaint among his chill
dren about 1t. And this Is the sort OF
explanation empted-coupled with
the opinions of gentlemen that they
5tt1lpoSed he possessed a testamentary
capacity. suppose myself IL no un-
duo influence had been eXerted over.
him he might possibly havS inade such
q VIII but the misfortune for these gem
tIemen rs, the eVidenceeis incoutestiblo
that influence wins exercised over his
mind, and that his will wns changed so
II worked manifest injustice, and this
Injustice was attempted to be enforced.
by an express provision of the will it,
self, showing fraudulent design, ON
the very face of the transaction, by the
man who drew it, that was beyond tho
cnpacity as it was clearly beyond the.
declared intention OF Daniel Steen-
rod. For he Ind no purpose OF
defrnudtng these children. H5ideClar.
ed over and over agGin, not only to
their mother but 10 disinteFested para
ties, that the land was for them. He
said to Robert Marshall that lie Intehtlz
ell 1t for Daniel nfter he was gone, He
said 1t TO one or two other Witnesses!
he intended 1T for these children aGter
tttssSt'| tSS4Ss 1AG Salt1 II 70 INC IlOG1oE
that Daniel ought to move on IL when
he married and buy out his sisters
thereby confessing he held the title in.
trust. Yet the gentlemen como here
and tell the jury that because witnesses
have snid they were of opinion that
Daniel Steenrod WINS of sound and dis
posing mind and memory, they ought
to conclude It Is 30, and they ought TO
find this is his last Will and testament,
unless they found undueIlnnnence had
been exercised over him SO as TO take
away his free agency. ta snra1F
come now to that point which Is the
last-Unduo Influence. If that Ihflu-
ence, which was exercised, as said
before, by George Thompson in getting
up this will and these several codieiiss
took away the intention of Daniel
5teenrod, thwRrted his declared puF-
poses, 'circunvenled" him, In the Ian
guage of one of the authorities the Ren-
temnn himself read, and defeated the
very object he intended to accomplish.
It Is undue influence. It is not TlaCeg.
sary that there should ba any force In
the mntter. 1t Is not necessary anV
lear should be excited. The authoFity
which the gentleman himself read was
mat II the influence exercised by the
.htrd person "circumventedn the testa--
or II II defeated what the jury ascertain
% pe tne Lestators g purpose proven not
1nly by independents facts but by his
declarations before aud after the execu-
'ions and the jury arc satisfied on that
ooint, u - undue fnfluence;i It is not his
Will Mt all, but tho WIZ or the man who
got up the notes. The gentleman may
Iay then IL Is n fraud. have this an