Wilmington daily gazette., 1874-04-13


lated Tho will produced in court, and TO
aVoid recrlniinaiion and $50 he said 10
koep from being po''nned. had at the same
time got his brother tn prepare ihe fictitious
VIII ot which mention has been made.
"Wharo IA that wiiis' asked the thiet
Judge. Mr Sudor produced 1t. In appear
ance 1t wa7 "a re ,ioii'r Of The executed viii.
Mrs MARY Ann SGdler repealed Mr.. sud-
ler's siAtsment with much indignation. and
her counsel announced IN, Corrt that sho
wonld take immediate tstcps io vinlicate
ter reputation anil punish her husbands
brother ior hla foul apperslons hy suing
him iof SANDER. Tho Judges ot tho orphans
Court. hrwev6r, whiio regretting thr turn
thiDgs had tai, an announced that thHy were
tefnined 10 attnIt tic viii presented bv
timory ,. Sudler I" probate. and directed
that gentleman I' haN o his bond ready iur
next court day.
Ihe widow at once eale,l, Went into tho
Circnit Cont ami got an injunction, brought
a evil suit against Emory i. Sudier for siander
ami tried To have him indicted Tor SANDER and
perjury both. Now cnsued n sncre-sioA Of
legal proceed Dg5 OF very bewildern. sort
the executor trying Ia iorce The matter To a
settlement, and the widows counsel reSotting
to aIissrts oi di!atoTy steps ON Tho 10Th OF
January, 1915, however, one day precisely
from tho dag ot Sylvester Sndler's death, It
was tanGounced thai the wiuow had actually
discovered tho will which she ali nonl. claimed
her husband had executed anil discovered ir
lu ble Llost Slugularj not 10 say miraculous
manRer. Now there was q change in the spirit
of tha proceedings mo nocaNeatoTs ceased their
dilatory motions and pressed Tor tIial while the
executor employed all the means IN his power
10 secure tho laws delay. Last Noyemb Der,
however, the counsel on both eides came to au
I arrangement by which tho issue might be
| definitely tried
| Last Monday week. March al the ,a,r was
| called and the parties were ready Tor trial
Judges Wirkes ana Stnmp vera both present,
and Chief Judge John NJ. Eooinson came over
| from the Cou-I OF Appeals at Annapolis ex-
pressly 10 preside, 50 that we had ln bench.
both parties were represented hy Tho most
] eminent lawyer, practising ou Inc Eastern
shore, while the caveatee headed his array
| with John Stnrgls Mack'ine OF Washington
connty, who stands at the head of ChanCety
| practitioners in this state. and q not UNKNOWN
| In national politics The courl room was crowd
su win spectators. great many persons
| having como over from Queen AnneS and
| hent counties, whero the parties have many
friends and relatives and where the case has
| excited the livelest interest.
| Ihe iirst Two days ot the trial were chiefly
consumed In preliminal .es, legal skirmishinl
and the like, and did not furnish much matter
OF interest. But on Wednesday at tho opening
OF the Court the issue was squarely Joined lay
the caveators presenting in Court The vii
| clai med 10 have been found January 10Th, 1873
and offering 10 prove II M the actual and ONLY
last Will ana testament of Sylvester Sudler. Th'
Will admitted 10 probate was called tor, AM
also the unexecuted and Fictitious will, and nj
three placed side by si,le. There was Il ren,ar
able similarity in the appearance of the thre
documents, which were all written upon eye
letted legal ear of avery large size. A station
er IN Centrevillo testified that he had sold
quire OF this paper to Hev. Mr. tiernming 10
MT. sylvester Sudler, some time about CHRIST
mas, lol /, and Mr.. flemming produced tn
qulre or paPei which he said he had got from
Mr.. Sudiers writing desk shortly after hi
J death, and preserved tham by advice Of cNuI
Sci. There were three sheets wanting from g.
Quire.
4 MfS. E1"aId, w4' COW pM upon the stand an
handed the two wills so folded tnal she coull anl
SO her own signature ns witness. tomparin
the Two mosl arriully the wItnrss after long he
tating bui into tears and protested She dld nc
, Know aud eould not tell which was her writ
ing All thtt IA could swear To Wa tho flct TIA
sho had only signed ono viii. Sho gave futtaO
teatim'ny To thr Art- thai have recorded aboy
| and thel. slood aside Rev Mr. Fleming was IN
neat witness. carefully scrutini'tr~ the tw
ignatnre the lororcnA gentleman declared tbs
Wow ing them separately and apart he won Il M
: lie allie 10 decide which vas his handwriting an
! winch tho lprgary. hut when they wctc side /
r aida lie had no hesitation That u my han
q wnting. sah he. touching onr rt ihn sheet
C Ind tn C;htr uRdouhteil, is moi" There W
2 o marked sensation in taurt W hon It wa anunp
Il ced that tha isn4tnre Thus identified wa tn
q appended IL lie lAsi dlsro> cred Will. Mi. Mac
Lns OK ttalhr lltt " ines " itn Hfclt lCl
p mesa and severity, bat could not maxi him swer'
| from ha linlany nor nSalidIie the lV,ityrnC
!. lofh hi Identification OF the signature.
MIR. Matthew Mouitt next cIme to the stan
| This witnesg had been uverSeer TOT The lalc ~
! yester Suder and Was now IN Emory J ,Sudlel
" employ. Alter q very brct inspection Of tho tW
y signature he positively deni ied one ls his ow
and II wa5 ieund u ba thu subscribed 10 the vi
3, | slmittea t0 probate. 1t was GoN the caycatet
u time to eruIt but Mr fSlVce, Cf counsel Il
I, cayeatora 8 Sery shTewd Soung taWyer, took Il
/, two wills, aud alter sorutn1'ns Them carerull
= sudden held them bcfoIa MT. Merritt, NOW
% Ia cried NOW Ar. coahdent Wltness, let M p
If Tcu know your Signature so certainly now
l. The witnss5 be, ,tated, hammered an showt
e confusion ~ our nouCr ssid NT fe1Tee sUT
II ing t. the Court, the confusion oi thN WItns
10 sroSs out ct the fact tLat there l. private maj
upon one OF these w.ils. but happen 10 hsys il
thumb on it lust noW, Mr.. MsrIlft. " Ill you IL
\ the court which ~ your aIgaatuie - drala
ir to gracious don't know. Air. Pierce wAs Ale
IN rita frank admission they afs 81 very mu,
Il shls can't tell one ram other and n ~ o
> To hath IA DO telhpg lie" - dnAt Ieel su
s about that retorted PsaTee quickly; maybe "
10 wrote them both The shot told. Merritt loo
3 ed az tnory Sudier, grew retl VA The face, aI
y said nothing. "tIow came N0u 10 be 80 posItt
o about 1t at nrst Did you see that pencil maj
u in the marsin" persisted fear,r bnt Mrrn
l. denied that he had zen any mark, and could -
v be made to commit himself IN any way. {
Y cross cxamiuation by Mr.. Mscklne he said n
II Pes rce5 manner had confused him, and hr sat-
Y factorily Identified h.s Sgnlure 10 tho first W
% several tinlea.
l. Thursday aud great part OF Fridays session
'r were consumed in hearing experts teShmoI
l. in regard to the handwriting OF Sylvester N
Emory 4. suder, and tho three witneS1cs, Il
d eayealsrs endeavorinc 10 prove tha, tho will
0 Ilsis Was certainly In Emory j. Sudlcr's han
n writing, and tho signatures 10 the probaled "
j. wero forseries, while tho eayalec, on the 9th
q hand, sought TO show that tho signatures to Il
b will In his favor were genuine, while the will
= -iis7s Was forgery, both text and signatpre. II
- ~ 40 40 ranch din hal and cOnlrA