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

7
sent for. Still. Mr.. Fleming was not vii
/ ling 10 deny that that was the document
/ he had witnessed and his signature APP
pended 10 H.
DIR. James Porter. the family physi.
/ elan, testified that the decedent had ~
pcatedly told him. during his illness, thai
he had left all his property 10 his wife and
son.
On the other hand. Emory Sudler
| showed that none OF the three witnesses
disputed their signatures, and he demand
ed that the will be al once admitted 10 pro-
bate. He said his brother sylvester had
made statements in regard 10 his tesla
mentary intentions Al variance with his
testamentary act. and further stated he
had written the copy OF the form testified
10 BY Mrs. Edwards and Rev. Mr.. Fleming.
at his brothers request, and for tie pur-
pose of deceiving. There WAS reason for
all this. but his brother told him i'm conf
dence that he Was reluctant 10 expose fam
ily secrets. The widow was quite well
aware of what he meant. but he would not
publish ii unless absolutely necessary 10
establish his rights or the court compelled
him to.
The widow perempt0rily denied the
caveatee's insinuations. and defied him To
I
damaging 10 any person beside himself.
The court adjourned over week. hold
ing the question under alviSement.
When the court next met il announced
that Mr.. Emory J. Sudler's further testi-
mOny was necessary TO determine it, action
i'm regard 10 the probate.
Mr.. Sudler accordingly testified that in a
private interview with his brother Sylyes-
ter. preliminary 10 drawing his will. Syl-
vesier told him that he had known that his
wife was unchaste. had been unfaithful to
him. and that the child. Emory J. Sudler.
.Jr.. was "A bastard. He knew this. but
only BY negro testimony. He was much
older than his wife. and she controlled
him. Still, in coming 10 die. he could not
perpetrate a wrong. nor forget her inf
deity. nor leave his property to illegiti-
mate aliens. He accordingly dictated the
will produced in court. and TO avoid ne
ordinations and $50 the witness swore) 10
keep from being poisoned. had al the
same time got his brother 10 prepare the
fictitious will of which mention had been
made.
Where is that wilI:- asked the Chief
Judge.
Mr.. Sudler producedit.
In appearance il was fac-simile of the
executed will.
Mrs. Mary Ann Sudler repelled Mr..
Emory j. sudler's statement with hot in
dignation. and her counsel announced in
court that she would vindicate her repuia-
ton and punish her husbands brother for
foul aspersions.
The Judge of the Orphans Court. how
ever, determined TO admit the will pre-
scented by Emory J. Sudler TO probate. and
directed that gentleman 10 have his bond
ready for the next court day.
The widow at once appealed. went into
the Circuit Court and got an Injunction.
brought civil suit against Emory sud-
Ter for SANDER. and tried To have him in
dicted for SANDER and perjury both.
Now ensued "A succession of legal pro-
ceedings of very bewildering sort-the
executor trying TO force the matter To
settlement. and the widows counsel re
sorting TO all sort Of dilatory steps.
On the 10Th of January. 1873. however.
one year precisely from the day Of Sylves-
ter sudler's death. ii was announced that
the widow had actually discovered the will
which she had all along claimed that her
husband had executed. and discovered il
in the most singular. not To say miracu-
lOus, manner.
Now there was a change in the spirit OF
their dilatory ~ otions and pressed for
trial. while the executor employed all the
means in his power 10 secure the laws de-
lay.
Last November. 1873. however. the
counsel on both sides came to an arrange
ment by which the issue might be definite
ly tried.
On March last month"; the case was
called, and all the parties were ready.
Judges Wickcs and stump We're pres
ent. and Chief Judge John NJ. Robinson
came over from the Court of Appeals at
Annapolis expressly to preside. so there
was full bench.
Both parties were represented by the
most eminent Lawyers.
The caveatee headed his array with
John Sturgis Machine, Of Washington
county. who stands at the head Of Chan
cory practitioners in Maryland, and il not
unknown in national politics.
The courtroom was crowded. great
many persons having come over from
Qneen Anne's and Kent counties. where the
parties have friends and relatives. and
where the case excited the liyeliest inter
est.
After two days of legal skirmishing the
issue was squarely joined by the caveators
presenting in court the will claimed 10
have been found in January. 1873. and Of
fering to prove IL As the actual and only
last will and testament of Sylvester Sud
Ter.
The will admitted to probate was called
for, and also the unexpectedfactitious will.
and all three placed side by side. There
was remarkable similarity i'm the appear
ancc Of the three documents.
A stationer i'm Centrcvile testified that
he had sold quie Of this paper TO Rev.
Mr.. Fleming for Mr.. sylvester Sndler,
some time about Christmas. ISL. and Mr.
Fleming produced the quire Of paper
he said he had got from Mr.. Sudler's writ
ing-desk shortly after his death. and pre-
served BY advice Of counsel.
Mrs. Edwards was now put upon the
stand anil bunl.l fha f,.-. xrfIlz -. faIsl.I