The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-04-22


separation. lie was much older
than his wife, used to her, and con.
siderably under her influece, in short
she controlled him, and he could
not get along without her. Still,
in coming TO die, be could not bring
himself to perpetuate wrong, nor
to forget her ingdelity, nor leave
his property TO illegitimate aliens.
He accordingly dictated the will
produced in court, and to avoid re-
elimination and $50 he said) to keep
from being poisoned had at the
same time got his brother to pre-
pare the Fictitious will of which men
tion had been made. +" Where is
that will = asked the chief Judge.
Mr.. Sudler produced it. In appear
ance it was fac simile of the eXecu-
ted will.
Mrs. Mary Ann Sudler repelled
Mr.. Emory J. Sudler's statement
with much Indignation, and her coun-
sci announced in court that she
would take immediate steps to vim
dicate her reputation and punish her
husbands brother for his foul asper-
sions by sueing him for slander.
The Judges of the Orphans Court,
however, while regretting the turn
things had taken, announced that
they were determined TO admit the
will presented by Emory J. Sndler
to probate, and directed that gentle
man to have his bond ready for next
court day.
The case was appealed to the Cir
cult Court by the widow, and suit
brought against the executor for pre-
jury and slanier, and after many
dilatory proceedings it was announc-
ed on the 10Th of January, 1873,
that the real will had been found.
1t was not until March 8, 1874, that
the trial actually began. Great law
yers had been retained, and the ex-
element was intense.
The will admitted to probate was
called for, also the unexecuted facti-
tious will, and all three placed side
by side. There was q remarkable
similarity in the appearance of the
three documents, which wore all
written upon eyeletted legal cap Of q
very large size. A stationer in Cen
terville testified that he had sold a
quire of this paper to Rev. Mr..
Fleming for Mr.. Sudler, some time
about Christmas, 1871, and Mr..
Fleming produced the quire of paper,
which he said he had got from Mr..
Sudler's writing desk shortly after
his death, and preserved by advice
of counsel. There were three sheets
wanting from the quire.
Mrs. Edwards and MIR. Fleming at
once identified the signatures ap-
pended to the newly discovered will
as their own, but Merritt, from mere
ly looking at them without being
able to see to which document they
were appended. It was different
with Merritt, however, for he identi.
fed the signature on the probated
will as his own. A cross eXamina
tion confused him a good deal, and
created the impression that he was
a fellow-conspirator with the execu-
tor. A day or two more elapsed
the family admitting that the probate
win never passed from Emory Sud
ler's hands until it went into those
of the register Of wills, but still
claiming that the last found was the
genuine one. Here Betsy Jane
Jackson was called to the stand
The witness, o portly colored woman
took the stand and testified she wa;
chambermaid in AIR. Sylvester Sud
ler's house at the time of his death
What room did Mr.. Emory j. Sud
Ter occupy when he was there? !?
.sThe blue ROOM" Describe tina
room" The witness gave a sort @
description Of country house cham
ber, with blue curtains to the win
dows, blue and red carpet on tn,
floor, a high-post mahogany bedstead
and writing-table, &c. What wa
over the dressing bureau?' F"
Iooking-glass." "What was abovt
looking-glass?' "a picture in
black wooden Frame" What wa!
the picture ~ liking Solomon goin
to have the babies chopped in two.
The Judgment of Solomon, ell
That will do" Mrs. Edwards wa:
called, and described the room ano
pictures more fully still. Rev. Mr.
Fleming was called again. and Mr.
Pierce handed him the will of 1871
and asked him if he had ever seer
that paper before. He had "HoN
do you recognize itF' By a private
mark put npon it when / found it.,
Estate when, where, and how you
found it." "On January IS, 1873,
and half past o'clock in the after
noon, in the blue room at the late
Sylvester Sudler's place in the back
of picture representing the judg
ment of Solomon. Mrs. Sudler, Mrs
Edwards, and Betsy Jackson were
all three present. w hat made you
look thereT' ''I received certain
information -"
s.Stop there" cried Mr.. Pearce,
the widows counsel ''call Amands
Stinson.'' The witness, tall, mid
dIed-aged woman, with fierce red
head, Il freckled face, and q mouth
stained with snuff dippings innumer
able, took the stand, and gazed wild
Iy about her. By Gint of close ques
tioning she managed to convey the
information that she lived across the
creek from Mr.. Sylvester Sudler's
tfat her boy Kite caught oysters
and she shucked them and sold then
for living. Her boy Kite was
exactly right, but was the best cretsl
i'm the world, and wouldn't tell liz
for nothing. He was eighteen years
old, but had no schooling. She was
troubled on account of Kites saying
he had several times seen old Mr.
Sudler's sperret, for she had taker
it to be a sign that Kite wasn't 20