Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1871-10-12
THE CALDWELL CASE.
rErom the Ohio STATE Journal

A short time since, as has been stated
in the Journal, win was admitted TO
probate, said to be the last will and
testament Of the late Joseph Caldwell,
deceased. The proceeding is to show
that there Is subsequent will, the pro-
visions ofwhich are different from those
lof the will admitted to probate. The
case commenced in Probate Court yes
terday on 9 citation to DR.. Samuel
Caldwell, brother of the deceased, to
appear and produce a will of the de-
ceased, alleged to be in his possession.
The defendant fled an answer, deny
ling the possession of any such will as
that alleged in the petition. The par
ties making the motion are the broth
ers and sisters of the deceased, or their
heirs. Mr.. Bullet, of Phiiadelphia,
whose wife is sister, and Mr.. Caldwell, ,
Icf WHEELING, u brother of the deceased,
represent the contestants. Messrs. No
lie, Rankin, Mitchell and Watson are
the counsel for the contestants, and
/ Me6srs. Converse an Taylor are c0un-
sci for the dsfendantd.
John B. West was the first witness
Eexamined, who testified that he had
Isl, ned the will of the deceased as wit
Iness, at ReynoIdsburg, at the request
iOf Mr.. Caldwell. Mr.. Saul signed the
Twill at the same time as the witness.
1t was some years ago; did know how
long. The will was read over to him
lby the deceased. He deposed that a
good many persons were to have an
/ Interest in the will, but he could not
lsay now what their names were.
i Mr.. Taylor, the administrator of the
deceased, testified that diligent search
had been made for another viii besides
the one on 1le, but they had not been
liable to fiid it. .s aj'a4a -
| John Saul, an attesting witness, de-
posed that he witnessed a willof Joseph
Caldwell about eighteen years ago, at
the request of MIR. Caldwell, who
STATED that it was his last will and testa-
iment., Mr.. West had also signed il at
the same time. It willedi his property
20 his heirs in general. The witness
IcOuId not state Whist amount was be-
1questhed 30 each one in the will, or the
inames Of the heirs. Mr.. Caldwell was
/ In good health ct that time, and per-
fectly rational. -
Mfs. Justice, who resides on Rich
lstfeef, In Columbus, was then examin-
led. She testified that she had known
Joseph Caldwell ever s;aee she knew
lsny person. She had kept hts papers
ifoe many. years-for thirty-fye years
He made his home ct their house until
lhe left the last time. He left his pa
Ders Ia her care. There was; O. viii
Iamong the papers. Z. Dr.. Caldwell got
THAT will about the middle.e Of June. He
asked her to let him see it; she handed
lit to him; he read It and put it In his
pocket and refused to return it. She
| had read the will frequently. Mr. Saul
Twas one Of the witnesses Of that will.
It was about twenty years ago since
THAT will was drawn up Dr.. Caldwell
Ihad been out the day before, and want
/ ed 70 see the viii, but her husband had
l put it away. She took it from its hid
ing place without the knowledge of
lhef husband, and slipped it down be-
hind 3 picture frame. When Mr.. Cald-
well returned she got II. and gave it to
him, and he read It and put It in his
pocket. The next day he went to Bel
.imoht county, The witness immedi-
lately followed him up to Mr.. -TaylOr's
lbut he refused to return it. When he
'Iitand proposed to destroy it, and said
III LIlGE0 WOulu UC HI lllOlO VI lbs 1LO
wanted to burn it, and proposed to get
"a basin of water and seta match to the
will and destroy is over the basin OF
water, as there was no IRE place in the
room. He said that as long as that
i win existed he felt as though he.was
tsitting on keg Of gun-powder. When
he came back the next time he still
lsaid that the will ought not to exist.
II After Mr.. Caldwell got the will that
was the last she ever saw OF it.
] Mrs. Kindred, who next testified,
was servant in the family OF Mrs.
IJustice at the time DIR. Caldwell made
his visits at her house. Her testimony
Twas substantially the same as that OF
Mrs. Justice. 5-.us ~ = <'.'hs z
The examination of witnesses in the
Caldwell will case was resumed on Sat
Iurday morning. Henry II. ChittendeD
testified that he had seen will at the
lhouse Of Solomon Justice, which he
took to be genuine viii Of Joseph
II Caldwell. 1t was executed in 80 or '5I /,
land was signed by tive witnesses anu
Joseph Caldwell. j He recognized the
handwriting of the deceased inthe
signature. By this will hebeque ueathed
the whole estate to DR.. Samuel Cald-
well, his brother, and his own daugh-
ter. The witness stated that this was
mot the will admitted 10 probate.
Mrs. McNeely, a daughter of Mrs.
Justice, deposeds that she saw Dr.. Cald-
well at her fathers hors9. She saw
\ him there the time he proposed to burn
1.-THE will over the basin a dwater;; was
!. present the time he put the viii in his
pocket and went OF with e itness's
lmother went up to Mr., Faylors office
to Try to get it, bat did not succeed.
j Mrs. Justice was recalled and cross
,texamined by Mr.. Converse. The OBJ
Iject was, in the main, to find out if she
ldidn't take the missing wiz to George
7 Caldwell, to leave it in his possession.
81 Nothing, however, to that effect was
lelieitted. In the will read by Mf. Chit
ltenden there were provisions for Mrs.
: Bullet, the daughter Of the deceased
. land Ja5. Caldwell. i -i
: This closed the case on the part Of
, the plaintiffs, and the defendant In
sI tfoducsd their testimony.
ii Solomon Justice testified that he had
ino personal knowledge Of any other
will, O7 wills, except the one witnessed
.lby Saul and the Belmont county will
: He also testified to the visits of DY.
; Caldwell to his house and the propoSi.
! ton to burn the will over a basin Of
water, and that he had endeayored to
get it from DR.. Caldwell after he got it,
/ but he would not give it up.
The case will be continued before
Judge Pugh this morning. .,'',.'
! A Truth NObIy Spoken.
4 We have heretofore gave the reason
II Of Col. II. r. ManiOye. an eX-rebel