The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1874-05-15

dOuble1lN l. not.
There was marked sensation in court
when IL was announced that the signature
thus identified was that appended 10 the
last discovered WILL
Mr.. Matthew Merritt next came 10 the
stand. This witness had been oyerseer for
the late sylvester Sudler. and was now ia
Emory J. >udler's employ. After a very
briefinspcction Of the two signatures he
positively identified one n his own. and i
was found To h. that subscribed 10 the will
admitted 10 probate.
Ii was now the cayeatee's time Ia eNult ;
but Mr.. Pearce. Of counsel for caveatorS.
took the two wills. and after ScrutiniZing
them carefully. suddenly held them up be-
fore Merriti's eyes.
Now he cried. NOW. Mr.. confident
witness. lei me see IL YOU know your sig
nature 30 certainly nOws'
The witness besiiaied. stammerei. and
showed confusion.
Your honors." said Mr.. Pearoe. turn
7 ing 10 the court. "the confusion Of the
witness grows out of the fact that there l.
private mark upon one of these wills.
but happen 10 have my thumb upon il
just now. Mr.. Merritt. will YOU tell the
court which is your signature.'
II declare 10 gracious don't know. Mr..
I Pcarce.- was Merritt's frank admission /;
they are 20 much alike that | can't tell
which from t'other. and il | swore - both
I'd be telling lie"
IL don't feel sure about that" reIorted
Pearce quickly maybe You wrote both. =
The shot told. Merritt looked AZ Emory
Sudler. grew red in the face. and said moth
ing.
How came YOU 10 be 30 positive about
il al firsts Did you see that pencil mark
in the margin = persisted Pearce.
But Merritt denied that he had seen any
mark. and could not be made 10 commit
himself in any way.
on crOSs-examination he satisfactorily
identified his signature to the first will sew
ersll times.
Two more days were consumed in hear
ing "eNpert" testimony in regard To the
handwriting of sylvester and Emory y.
Sudler and the three witnesses. the cayeat-
ors endeavOring 10 prove that the will Of
1873 WAS certainly in Emory J. Sudler's
handwriting. and the signatures To the
probated will forgeries. while the caveatee.
on the other hand. sought To show that the
signature Ia the will in his favor were gem
uine. while the will OF 1873 was forgery.
both text and signature.
The testimony was 20 CONTINUOUS that
neither party did much more than weary
Judge and court
The Court will sayto it, learned broth
ers." said ChiefJustioe Robinson at last.
somewhat testify. THAT with all due all
miraiion for the ingenuity Of counsel. this
issue must be- :. question OF fact. and how
ever much you may attempt Ia puzzle the
jury. they are 40 determine the case BY
what il i. Can you not give u the facts
about the discovery Of these wills. That
will 60 a great way towards settling the
question OF their genuineness.
II quite agree with your honor" said
Mr.. Machine. of the counsel for Mrs. sud
Ter and child. and hope You will com
pei the other side 10 show a rais0n f-sfre
for their so-called will-if they can. Call
Betsy Jane Jackson"
The witness. a pOrtly colared woman.
took the stand. and testified she was cham
berInaid i'm Mr.. sylvester Sudler's house al
the time of his death.
What room did Mr.. Emory J. Sudler
occupy when he was there"
1.-The blue room.''
Describe that ROOM
The woman gave sort Of description OF
a country house chamber. with blue cur
tains 10 the windows. blue and red carpet
on the floor. highpost mahogany bed
stead. and a writing-table. etc.
What was over The dressing-bureau:
A looking-glass.'
'What was above the looking-glass -
4 picture in a black wooden frame"
What was the picture 20
liking Solomon goin' 10 have the babies
chopped in two
The judgment Of solomon. ehs That
will dos
Mrs. Edwards was called. and described
the room and picture more fully.
Rev. Mr.. Fleming was called again. and
Mr.. Pearce (also of counsel for Mrs.Sudler
and child handed him the will Of 1873.
and asked him if he had ever seen that pa
per before.
He had.
How DO you recognize it!"
BY private mark put upon it when
! found it,
Estate when. where and how you found
it,
ION January 10. 1873. AT 2:3O o'clock in
the afternoon. in the blue room AT the Late
Sylvester Sudler's place. in the back of a
picture representing the judgment Of sol
ONION. Mrs. Sudler. Mrs. Edwards and
Betsy Jackson were all three present.
What made you look there"
"StOp there" cried Mr.. Prarce: :. call
Amanda Stinson."
The witness. tall. middie-aged woman.
with fierce red head. took the stand and
gazed wildly about her.
BY dint Of close questioning she man.
aged to convey the information that she
had lived across the creek from Mr.. Syl-
vester Sudler's; that her boy Kite caught
oysters. and she shucked and sold them for
living. Her boy Kite wasn't exactly
right but wouldn't tell a lie. He was
eighteen years old, but had no schooling.
She was troubled on account Of his saying
several times he had seen old Mr.. Sudler's
spirit. SO she up and asked Mr.. John
Fleming TO see the boy and pray with him.