The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1874-05-07

legal cap of a very large size. A sta
toner in Centreville testified that he
had sold q quire of this paper to Rev.
Mr.. Fleming for Mr.. Sylvester Sudler
some time about Christmas, 1871, and
Mr.. Fleming produced the quire of
paper, which he said he had got from
Mr.. Sudlers writing desk shortly after
his death, and preserved by advice of
counsel. There were three sheets want
ing from the quire.
Mrs. Edwards was now put upon the
stand and handed two wills so folded
that she could only see her own sigma
ture as witness. Comparing the two
most carefully, the witness, after long
hesitating, burst into tears and pro-
tested she did not know and could not
tell which was her writing. All that
had only signed one will. She gave
further testimony to the facts that
have recorded above and then stood
aside. Rev. Mr.. Fleming was the next
witness. Carefully scrutinizing the
two signatures, the reverend gentle
man declared that viewing them sep
arately and apart he would not be able
to decide which was his handwriting
and which the forgery, but when they
were side by side he had no hesitation.
"That is my handwriting" said he,
touching one of the sheets, "and the
other undoubtedly is not" There was
marked sensation in Court when it
was announced that the signature thus
identified was that appended to the last
discovered will. Mr.. Mackline cross
examined the witness with great acute
ness and severity, but could not make
him swerve from his testimony nor in
validate the positiveness of his identifi-
cation of the signature.
Mr.. Matthew Merritt next came to the
stand. This witness had been overseer
for the late Sylvester Sudler, and was
now in Emory j. Sudler's employ.
After very brief inspection of the two
signatures he positively identified one
as his own, and it was found to be that
subscribed to the will admitted to pro-
bate. It was now the cavatee's time to
exult, but Mr.. Pearce, of counsel for
caveators, very shrewd young lawyer,
took the two wills, and after scruti-
nizlng them carefully, suddenly held
them before Meritt's eyes. "Now," he
cried, "now, Mr.. confident witness, let
me see if you know your signature so
certainly now" The witness hesitated,
stammered, and showed confusion.
" Your Honor's, y" said Mr.. Pearce, turn
ing to the Court, the confusion of the
witness grows out of the fact that there
is private mark upon one of these
wills, but l happen to have my thumb
upon it just now. Mr.. Merritt, will you
tell the Court which is your signature ?"
:" declare to gracious don't know,
Mr.. Pearce," was Merritt's frank ad-
mission they are so much alike l
can't tell which from t'other. and if I
swore to both I'd be telling lie." "I
don't feel sure about that" retorted
Pearce, quickly "maybe you wrote
both" The shot told. Merritt looked
at Emory Sudler, grew red in the face,
be so positive about it at first? Did
you see that pencil mark on the mar
gin" persisted Pearce. But Merritt
denied that he had seen any mark, and
could not be made to commit himself
in any way. On cross-examination by
Mr.. Mackline he said that Mr.. Pearce's
manner had confused him, and he satis-
factorily identified his signature to the
first will several times.
Thursdays and a great part of Fri
days Eessions were consumed in hear
ing experts testimony in regard to
the handwriting of Sylvester and Emory
j. Sudler, and the three witnesses, the
caveators endeavoring to prove that the
will of 1873 was certainly in Emory j.
Sudler's handwriting, and the signatures
to the probated will fergeries, while
the caveatee, on the other hand, sought
to show that the signatures to the will
in his favor were genuine, while the will
of 1873 was a forgery, both text and
signature. The testimony was SO much
divided and so contrarious upon these
points that neither party took much by
it, and little else resulted from it but
confusion to the jury and WEAKNESS to
the Court. "The Court will say to it's
learned brothers," said Chief Judge
Robinson at last, somewhat testify,
:" that with all due admiration for the
ingenuity of counsel, so abundantly
displayed on each side, this issue must
be deemed chiefly question of fact,
and however much you may attempt to
puzzle the jury with a showing of what
might be, they are likely to determine
the case by what is. Cannot you give
us the facts about the discovery of
these wills How did they come about
That will go great way towards settling
the question of their genuineness.
81 quite agree with your Honor,
said Mr.. Machine, "and 1 hope you
will compel the other side to show a
raiSon d'etre for their so-called will-if
they can." "We accept the issue, your
Honor" answered Pearce, "and will
now proceed to give the strange his
tory of the discovery of our will, show
ing how-shall I say Providence? inter
fered in a mysterious manner to de-
fend the rightful heir against the willy
plots of the conspirator and calumnia.
tor" "Neo deus interSit niSi dignus
vindice faodals," quoted Mr.. Mackline
"our will came in the natural way and
is neither of celestial birth nor spiritual
growth" "We admit all that, youl
Honor we admit that the probated
will never passed from Mr.. Emory Sud.
ler's hands until it went into those oi
the register of wills. But we will now
give the history of the genuine will
Call Betsy Jane Jackson" The WIT
ness, a portly colored woman, took the
stand and testified she was chamber.
maid in Mr.. Sylvester Sudler's house al
the time of his death. "What room
did Mr.. Emory J. Sudley occupy wher
he was there ?" "The blue room.
The witness gave a sort of description
of a country house chamber, with blue
curtains to the windows, blue and red
carpet on the floor, high post mahog
any bedstead, and writing table, etc
"What was over the dressing bureau 2