South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1874-07-10

Iui 70 MN, ana that the child, EMERY j.
oUDLER, Jr, was not his, but a bastard.
tie knew this, but only by negro testimo-
ny, aud 80 indirectly and obscurely that be
could DOT have procured divorce. He had
accordingly said nothing, and taken no
steps for separation. He was much old
or than bis wife, used to her, aud consider.
ably under her Influence; in short, she con.
trolied him, and he could not get along
well without her. Still, 10 coming to die.
he could not bring himself to perpetrate q
wrong, nor forget her infidelity, nor leave
bis property to illegi,imate aliens. He 40.
oordingly dictated tho will produced iu
Court, and to avoid recriminarion, and $50
he said), to keep from being poisoned, had
at the same time got his brother to prepare
the fictitious will of which mention has
been made. 'Wbere is that will 2 asked
the chief Judge. Mr.. SuDLrR produced
II. La appearance it was a fac simile of the
executed will.
Mrs. MARY ANN SUDLER repealed Mr..
EMORY j. SUDLER' 8 statement with much
Indignation, and Der counsel announced in
court that she would tako immediate steps
to vndicate her reputation, aud punish her
husbands brother for his foul aspersions
by suing him for Islander. The judges of
the Orphans Churt, however, while regret
ting the turn things had taken, announced
that they were determined 10 admit the will
presented by EMORY j. SUDLER TO pro.
bate, and directed that gentleman to have
his bond ready for next court day.
The case was appealed to the Circuit
Court by the widow, and suit brought a.
galnst the executor for perjury and Sian.
der, and after many dilatory proceedings il
was announced on the 19th OF January.
| 1873, that the real will had been found.
1t was not until March 9th, 1874, that the
trial actually began. Great lawyers had
been retained, aud tue excitement was in-
tense.
The will admitted to probate was cal,d
for, and also the unexecuted fictitious will,
and all three placed side by side. There
was remarkable similarity in the appear.
ance of the three documents, which were all
written upon eye.leitcd legsl cap of very
! large size. a stati0ner in BcOtervillc tes-
tidad that be had sold qnire of this paper
to the Rev. Mr.. FLEMING for Mr.. SYL-
vEsrER SUDLER some time before Christ
MAJ, 1871, and Mr. FLEMING produced the
| qn're of paper, which he said TIC had got
from MIR. SUDLER S writing desk, shortly
after bis death, and preserved by advice of
counsel. There were three sheets wanting
from the quire.
! Mrs. EDWARDS and Mr. FLEMING az
| once identified the signatures appended to
the newly discovered will as their own, but
MERRITT, from merely looking at them,
without being able to SEQ to which docu-
ment they were appended. 1t was diff
ferent with MERRITT, however, for he
identified the signature on the probate
will as his own. A eross-exaEination con.
fused him a good DEAL aud created The i'm
preston that he was fellow conspirator
with the executor. day or two more g.
lapsed, the family admitting that the pro-
bate will never passed from EMORY SUD
LER's hands until il went into those of the
register of wills, but still claiming that the
last fund was the genuine one. Here
BETSY JANE JACKSON was called 10 the
stand. The witness, pOrsiy colored wo-
man, took the stand and testified that she
was ohambermsid in Mr.. SYLVESTER SUD.
LER's house az to time of his des th. what
room did Mr. EMORY j. SUDLEa occupy
when BIO was there? 'Tbe blue room
Describe that room The witness gave Il
sort OF description Of country house cham
Der, with blue curtIins TO the windows, a
blue and red carpet on toe hoor, high post
mahogany bedstead, &c. what was over
The dressing buresuY "A looking glass
what was above the looking glass r a
picture, in black, wooden frame. what
was the picture p king SOLOMON goin'
to bave the babies chopped in two The
Judgment of SOLOMON, Ell That will do
Mr.. EDWARDS was called, and described
the room and picture more fully still. The
Rev. Mr.. FLEMING was called again, and
Mr.. PEARCE banded him the will Of 1873,
and asked him if be bad ever seen that pa.
per before. He had. 'How do you re.
cognize il 2 by private mark | put up
upon IT when found IT, State when and
where and how you found it,
on January 10th, 1873, at half past o'clock
in the afternoon, in the blue room at the late
Sylvester Sudler's place, in the back Of picture
representing the judgment Of Solomon, Mrs
Sudler, Mrs. Edwards and Betsy jane Jackson
were all three present What made You look
there q had received certain information
stop there cried Mr. Pearce the widows
counsel call Amanda Stinson The witness
a tail, middle aged woman with a fierce red
bead, a freckled face, and mouth stained with
snuH clippings innumerable, took The stand and
Razed wildly about her BY dint Of close cues.
tioning, she managed TO convey the Information
that she lived across the creek from Mr.. Sylves-
ter Sudler's the her boy Kite caught oysters
and shucked them and sold them for a living -
Her boy Kite wasn't exactly right, but was the
best creeter ia the world and wouldn't tell a lie
for nothing. lie was eighteen years old, but bad
no schooling. She was troubled on account Of
Nile saying several times that he had seen cid
Mr. Sudlers spirit for she had taken il TO be A
that Kite r erofr 20,