The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-21
THE M'CAHILL WILL CASE.
Continuation Of the Tcstimony-Thc Last
Hours of the TcstatOr.


Hours of the TcstatOr.
The adjourned examination In the McCahn wiz,
case took place yesterday before Surrogate Hutch
ings. There q large attendance In the courr
roo and the interest in the proceedings appears 70
be undated. ExJudge PierrepoDt and Mr.. Flana1
gan appeared for the contestant tthe widow,
McCahill). and Mr.. vandepoel for the proDonen,s-
| Mr. McCahill died worth about 100000.
THE NEPHEW OF THE TEsrAToR on THE STAND. !
Bryan McCahlll was the FIRST witness. He tesrihcy
as folows:-The testator, Bryan McCahill, brought
| me out to this country when was ten years Old /,
O. what we're his habits TO drinking llquorf
A. He was in the habit OF drinking; he was an int
temperate for several years before his death r.
called TO see him two weeks after the commences
frequently down the avenue; went TO the second
story of his house, where ne lay sick, and called
upon him daily; WAS with him when he died.
O. Between that time and me time ne died what
was his daily condition. A. He was sick, drinking
and talk himself; he used to exclaim, "Wbere am
u, and he was told IL, IN n MS ns,,s honss En-. IN
streetf he said at one time that there were women In
the house and that he wanted them put ont saw him
drinking till the day before ns death; remember
that spoke To him one night While he was In the
Rether and arrange as to how the property snon,d
be divided; said 10 him, al understood yOu have
made consler ra far me- he said that john
McCahl ives very ungrateful. and he was AFRAID To
trust NM that he was afraid ne would NOT do right
U. What did he say about Tom McCahili IN con.
nection with the will A. lie said that he was AFRAID
to trust Tom McCahill: on the saturday two weeks
previous to hts death he SAID he desired TO make
alteration in his Wal; ne said II SHAH send Tor my
will and make an alteration In II"
q. From the time that you first saw him after ms
last sickness till the day OF his DEATH from the facts
which you have stated, what would you Say as Va
his soundness OF mindy
| The question was then put in another form.
q. What is your opinion as 10 whether deceased
was rational Or irrational while spe na n 20 your
LIQUOR all the while, anu ne was incompetent 10 40
the latter part OF the answer being objected to it
W" Q. What ERECT had his custom Of drinking upon
his mental facuitesY A. lie was duh. raviDg anil
wandering In his Ideas In consequence OF his per-
examined by Mr. vanderpoel-Mr. NcCanlII
talked to about his propertyhs real estate; he
SAID, IL wish you to keep IL and divide 1t up among
YOU and sell it' he spoke on the subject thrce
or four weeks before ms death; he very clear
the night he talked about the matter; he had not
drank much: he looked rational al the time; the only
conversation had with him about tne property was
on the night referred to- he seemed TO be rational
at that time; when he spoke on other OCCASIONS
about the property did not converse with him on the
SUBJECT he was drinking all the time; John McEvoy
last illness; John attended hm In the day time and
Black Tom in the night tiine he often raved during
his last illness: ne Imagined that ne was sleeping IN
tenement house IN Essex street; Ne asked Inc nc
times to drink with him.
o. was he rational when he asked you to drink
\ with him2 A. don't think any man VINO drfnSs
| constantly IL rational.
| o. When ne told you that he had left you con.
sderatlon In his will did you consider him rational
! or irralonaly A. did not consider HIM rational;
he kept talking all the whe he told Inc in that ana
other convers ations that Tom was ungrafefni; no
said that often during the last two or three years;
| when ne spoke about Tom, before his sickness, he
appeared TO be nationals when he told ME he wanted
! 10 make alterations In his viii l spoke 10 Brady
ABOUT IL: don't rpcoDlect what Brady SAID 10 me OH
The subject; the deceased said thai he wanted to
Uafb is IL
using right and nc desired 20 be boss OF his pro-
perry while he llved mad difficulty with my uncle
some years ago; did not strike him; choked MN.
| (Laushier.)
Re-crossex amncd-M-. McCahill did not tell me
what alterations he would like to make In the Will
! | don't know that had any difficulty with Tom
| McCanill.
| TESTIMONY OF COLONEL M'TvELy.
Colonel william McIvely tesutied-I have been ac~
auainted with Bry McCahtll In MS lifetime; saw
! him onen during four years almost daily; sdw
\ hin IN Ilquor stores kept by Mr. Carroll and others;
saw hun assisted home while he was intoxicated;
I had disagreement with Mr.. McCahIli at one time,
I but became reconclled TO him.
! Tue examination was then adjourned uu next
/ U..tu lay