Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-07
THE COURTS.
THE KKAEeoN WILL CASE.

CIRCUIT COURT, Justice Wylis-Yesterday,
ne case OF Barrett and wife agt. Mcpherson,
better known as the Pearson will case, was con-
tinued in this court This case comes from the
Orphans Court on the following issues: First,
whether, at the time Of making her will, Mrs.
Pearson was Of sound and dispoeing mind and
memory; :, cond, whether she was of so md
mind at the time of making her codicil; third,
whether Mrs. Pearson was subject, at the Ii ne
OF making her will and codIcil, to the undue m
huence OF T. b. Barrett and Julia A. Barrett
his wife.
Mr. Cox appeared for the Barret,s and Messrs.
Davidge and Clark for the McPhersons. The
latter opened The case by moving that the names
Of the parties to the SUIT be reversed, the Nc
Phersons held the affirmative Of the ISSUE and
they were entitled TO open and close the argu-
ment, but to enable them to do this the legal po-
sitlons should be changed.
The m 1tion was granted, and the trial of the
issues proceeded in the name of Mcpherson ct
al. VS.. Barrett ct al.
Mr.. Clark opened in support of the issue. He
DEF lar d that the affirmants would show TO the
Jury that the testatrix was an old woman, her
mental faculties impaired, and, d yelling in the
same house as Barrett and his wife, was con-
SANITY subjected to their influence. How I'M
duly this influence was exercised the evidence
would reveal to the Jury. 1t would be shown
that Mrs Pearson had herself expressed de.
Tel minatlon 10 make different disposal of her
property from that contained In the testament
tary papers, and after the will was made she
had expressed great dissatisfaction at the way
the property was disposed of by it.
Mr.. Cox held, the negative of the issues and
SAID that up TO the time the will, &c, was
proved In the Orphans Court there had been
no hint that any one considered her of ansound
mind. he devisee in this will, Mrs Barrett,
was the adopted daughter of Mr.. and Mrs
Pearson, cared for by them from tender age and
married with their approval, Upon her mar.
rage she removed from the house of Mr. Fear
son. but, upon the death, of his only child was
called back to the old home, and resided there
nine years, when, both of the old people diving
she was lett the bulk of the estate by Mrs. Fear.
VI hn wiz pd har
was sole device, but for ninety days. All this
estate came from Mr.. Pearson, and was accu-
mulated by his labor. Yet the parties who now
come to claim this property are his brothers.
n-iaw-men with no drop Of his blood in their
vems-and against whom he had great animos-
lty, one OF them having, net long before his
death, committed an assault and battery upon
him. --- ..-u ..'..- = . r.
The evidence was opened by submitting in
evidence the wills and codicils of Mr. and Mrs.
Pearson, and the proceedings of the Orphans
Court In relation to the will Of the latter II
Mcpherson, nephew of Mrs. Pearson, testified
that in the winter and spring of 1867, Mrs Fear.
SON was childish and had many whims Mrs.
Armstrong, niece Of the deceased, testified that
she was IN the house of Mrs. Pearson at the
time Of her death, and that Mrs Barrett pre-
vented her from having free access to her aunt
and said that If Mrs. Fearson's brother came to
see her she would not allow him to do so. Wit
ness also testified that Mrs Pearson said refer.
fDg to Mrs Barrett, "That woman has robbed
me of all"
fo-Day.-The case was resumed this morning
when the caveaters counsel announced that
they would prosecute the case further and the
case was given to the jury who found that the
testator was of sound and disposing memory
at the time of making the will and that no un-
due influence was exercised over her by Mr.
Barrett and thus sustaining the will.
baltimore Ohio Railroad VS.. Mrs. Gales:
inquisition confirmed. Hazard VS.. Banner,
man; judge ment below confirmed. Dainise vs.
Smith; demurrer overruled. Sterling VS.
Powell. This was case of Islander tried a
few days ago. the jury finding verdict for the
deiendant1 The verdict was set aside by the
Court. Costello VS.. Corporation Washington:
reasons Tor new trial filed.
Assignments for Monday-235, 1, 30, -, 3, 7,
"a, O1, 15S, 179, 223 255 257, 266, 26s, 40 27l,
272, 275, $40, 277.
CRIMINAL COURT, Chief Justice Carter
The jury in the case OF the United States vs.
Kramer for larceny of a cow, brought in a
sealed verdict this morning of not guilty.
George Smith alias George Butt; larceny;
guilty; sentenced TO 50 days in Jail.
Ellen Nolan; keeping bawdy house; found
guilty.
Sarah Myers; larceny; guilty; one year in the
penitentiary.
Mary McCavrin; for the larceny of goods, the
property of Cornelius WENDELL guilty; eighteen
months in penitentiary.
John Nelson larceny; plead guilty; sentenced
one week in Jail.
nolle pros. entered by District Attorney in one:
plead guilty TO the other; sentenced to one week
in Jail.
Sandy Parker; larceny; not guilty.
BANKRUPTCY COURT, j. Sayles Broson, Regis
ter.-No. 81. Involuntary bankruptcy: exam.
ination of the bankrupt by trustees of his es-
tate. IA Oath before final discharge filed; hear
ing on petition for final discharge; specifications
fled, and case postponed TO March. IS. Appli-
cation for three meetings of creditors, and order
thereon. %. Same. 30. Registers certificate Of
last examination filed 40. Warrant issued for
first meeting of creditors; March. e.. Warrant
Tor first meeting March %.
EQUITY Court, Justice Olin.-Yesterday, the
following orders and DEGREES were passed -
Miller VS.. New Mexico Mining Company; or
der pro confesso against defendants. Gaines
vs. Alexander ct al; order setting aside order
dismissing bill, and extending time twenty
days to plead. CheseldIne VS.. Cheseldlne; de-
cree appointing Washington Cheseldne trus-
tee TO sell Miller VS.. New Mexico Mining
Company; order of publication against absent
defen dant,
ORPHANS COURT. Judge Purceu.-To- day the
will Of the late Edward Wharton, bequeathing
his estate to his wife and daughter, was filed
and proved, and Mrs. Wharton also filed a RS
quest that her brother, Edward Shipper, of
Pennsylvania, be appointed executor. Letters
OF administration { a We're issued 70 Mr.. Ship
pen-bond S20,OOO.
A record of the proceedings in the Circuit
Court in the case of Barrett ct al. VS.. McPher-
son ct al, involving the will of the late NJ. A.
Pearson. was filed, showing that the will was
sustained. and letters testamentary were issued
10 Mrs. Barrett; bond $1,000.
Letters Of administration on the estate of
Marcus Long was issued to James w. Plant;
bond $3.50.
A copy of the proceedings of Oriental Lodge
OF Odd Fellows instructing the Noble Grand
OF the Lodge, Jacob Miller, to apply for letters
OF administration on the estate of James b.
Morand, member of the Lodge was received
Also, petition Of Morris Murphy, at whose
house deceased died, making the same request
Also, one from clerks in the Pension Office ask.
ing that letters be issued to Chas. NJ. Tompkins
"A cd IN no rt NV Mr.
James Ray, representing that during the life
time Of his wife, Bridget Ray, she placed a note
paid TO him in bank to her own credits and
asks the court to take some action to enable him
to receive this money.
The Judge decided that the wife, having been
a married woman, and having no separate
estate, the husband is entitled TO the amount