Wilmington daily gazette., 1874-04-13
{ From the Now York World. March g..
A Remarkable Trial.
The Great SudIer VIII Case at an End.
Tho Evidence OF a Ghost Taken IN
Court-nn Exciting Scene.
E'sr .ht E'aa Come, trp..mos.. ans Eesj. D..
.Tas:i-s Dore.
DssroN, Carol.aO Go MI, Na,.A11.l.74

Sylvester Sudler will case terIoirsted. tho jurv
rendering verdict for the csyeafor. Ns tbs il |
in Some respects the Incst retllrkable trial GU
record, q 5ynop5i3 of the fic; NAV MT la ,nin
tsreating to your readeri
In december, l3I, one Sylse seeirr sudLr "A |
iafiner estiinated To be worth $50 oUO and Iesi-
Ing in Poplar Island Greek Neck lu the second
Election Di5trict OF Queen Arue's the adioin,nc
county to this, whore hs had Il yer; Iart-e farm
and handsome residence We taken yery sick |
with pneumonia. After few days severe ,ilu sss
he improved and became copvaIesceut brt OK
posln nl'oseir TOO coon, had Ielapse aud on
the 18th OF January, 1871, died. In ihe interval
of conve escence, between the tWo attacks of ILL
ness Sylvester Sudler sent for his brother Emory
| }. Sudier, LAWYER living upon b ant Island +,
part OF tlueen Aune's county, ead got him 10
write his IL. 1nis " II wl3 duly executed in
\ the presence OF tbreo witneastn, on the l.th of
Januarj, and delivered into the Gatody Of Euo-
! ny y SLolerI who was un derstood TO be lamed a.
! tho ereta'or ON the 18th Emo Sudler went
home and did not return to Poplar Island Creek
| Neck until The 2lst ef JanuaS ), when he was
l summoned to be present at his brothers funeral,
| which took place In Ceutrevlle tha next day,
on the IA oil January, Emory J. Sadler, by
request, read the will in the pnessICe of two of
the witnes7es. Rev. John Elen ine and Mira Han
nah Edwards. and of the widow, Mrs Nary Ann
\ sudler and the only child OF Sylvester Sudlcr,
| Emory ). Sudler, Jr., q hoy ot twelve years
| The will, after naming Emory ). Sudler, Sr, sole
! executor, and devlslug some small sums in the
I
e5late should be sold, and out of the proceeds
! 800 should be paid 10 Al.r7 Avn Sudler while
ri The rest of the estate should beco. .ae the prop
e: y OF the decedents brotaer, Emory j. Sudler
{w IN he recognized ~ his universal and only
heir. '
The widow and both OF The witnesses present
declared that the document read was not the will
of Sylvester Sudler. The executor insisted that
It Was, and defied Mrs. Edwards and Rev. Mr..
Fleming to deny their signatures He said he
tcOQI0 the Will and II Nrez tad ~.
iccnld show the court the reasons why his brother
ISylyester had made such devise of tha proper
ty. lie gave notice also that he would on the
ineYt day apply to the Orphan,' Court NJ Centre
vile Tor probate OF the will.
| This he did but the widow appeafin. like
| wise entered q caveat on her own part and "a the
next friend of her son, Emory Sudler Jr, The
court appointed day TO hear testimony in regard
to tho wall, and on that day all three Of the
nessea to the will were present, together with the
lparties interested. 3r. Matthew Il. Merit. The
third witness, swore positively to his own sigma.
tiire and To having seen the ether witnesses slrn
1 he Identified the document by Its shape the en-.
iyeope containing 1t, water-mark in the paper
and an ink blot upon one corner OF the folded
sheet. Mrs. Edwards could not swear that IL was
not her signature to the paper, but was not will
ing to swear that II was. She had been in the
house during all OF Mr. Sylvester Sud,er'1 illnees
helping his wife to nurse him. and had repeatej jly
heard decedent declare that he had left all his
property except certain legaoies which she nam.
cd, and which were in accordance with the terms
OF the Will rcad) to bis wife and child. fhe will
after 1t was writer. and before Icing executed
had been for Two days in the custody ot ths de.
I ceased. lie had kept il under h,s pillow had
read it himself had made her read il In Lin aud
= had got the Rev. Mr.. fleming to rcal it +, INN
Q also Hence shc was able + speill 50 nosit,vph
, III regard to its contents.
= The EsN. Joi,n Fleming ourrna, coated Mrs. IA
= {wards statement. and testified hather that hc
fore acndlng for hlt brother MIR. sylvester Sndlc
"ad mentioned 10 hlm how he iniundea f., leay,
\ Ills property, and ccnlultcd him about oivirtr t
dmlnl3traiion 10 Emory. Emory IA, said vas
little wild, and hc Wa3 afraid that lylnr HIN surl
trust would lead TO trouble. Stll il WouiI h,
great help to h.1 brother to have the bu5ine.
u. ana ne wanted TO assist Emory it he tould Ihi
Mr.. Fleming atrongly advised him to do, and IN,
my was accordingly sent f5r 1t once Htll Mr.
ltleminS was not willing 10 deny that that va
The document lac had Wit1e- ied and his sirratir
lappended to It.
nf. Jane. Potter, Tie lamlis physician. tesuaet
That The det sdent had repeatedly told HIM durn
his illness that he had lett all hi5 property Ia hi
wife and sop,
On tue other hand Emory ,5adler pointe,
Z TO the fact that none OF ths three witnesse
were able to dispute their signatures. an,
ne denlauded mat Tue will te at once nd
mitted to probate. lie said that ne was ouit
10 well aware that his brother Sylvester ha,
os made statements in regard to his tests
r mentary intention9 that we've at yarianc
with his testamentary act, and turtle
: stated that he had the written copy of III
form testified Ia by Mrs. Edward and Rsy
\ Mr.. Fleming, al bis brothers requeat. an,
for The purpose OF deceiving. Thero was
reason for all this. aud for the pec ulia
character OF his brothers. will; but hi
Q b. other had told him thus In confidence. an
he WAS very reluctant 10 expoao family ee
crets To the public Gazs. The widow wa
iquite we'll aware OF what he meant, bu, IA
10 would not publish It unleh3 il was absoii .
~ ly necessary TO the establishing OF his riga.
M and unleo3 the court compelled him L
st speak. iho widow peremplorily denie,
ts that sho understood the cavestee's q ilsiuua
20 tions, and dsiied him to row cal any iamIl,
secrets that would bs damaging 10 an,
Y person besides hiuiself The court though
that II could not decide upon the validit,
n Of the Will until 1t had aifted the matior {
= the lotion, but, In deference 10 Mr.. Sud
a. lers reluctance to testify, adjourned owe
!. for W IL. holding the quostion undar al
h yisement.
4 When the eOuIi next met IL announce,
u that Mr.. Emory J. sudIe,'s farther t,sliint
tny was necessary to deter its action Ii
regard Ia the probate. Mr.. Sudler was aO
.. | cordingty again put upon the stand an
testified that In private interview wit
his brother Sylvester preliminary to draw
ing the will Sylvester told him that he ha
: known for several years that his wife wa
an unohaste woman, had been unfaithfni
him. and that the child, Emory j. sudel
Jr., was not his but a bastard. He kne,
this. but only by negro testimony, and 9
Ids indirsotly and obsourely that he could nc
have procured divorce. He had aocorl
NH ingly said nothing and taken no steps for
ns separation. He was much older than hi
i'll wife, usod TO her, aud considerably unde
her inausnoe; In short, she controlled hiI
and he could not get along well withoT
her. Still In coming to die, he could nc
bring himself to perpstuate Q wrong, nc