Connecticut western news., 1874-05-08

and which the forgery, but when they were side by side he had no hesitation.
 "That is my handwriting" said he, touching one of the sheets, "and the other undoubtedly is not" There was marked sensation in Court when it was announced that the signature thus identified was that appended to the last discovered will. Mir. Mackline cross examined the witness with great acute ness and severity, but could not make him swerve from his testimony nor in- validate the positiveness of his identifi- cation of the signature.
 MT. Matthew Merritt next came to the stand. This witness had been overseer for the late Sylvester Sudler, and was now in Emory J. Sudler's employ. After very brief inspection of the two signatures he positively identified one as his own, and it was found to be that subscribed to the will admitted to pro-. bate. It was now the cavatee's time to exult, but Mir. Pearce, of counsel for caveators, a very shrewd young lawyer, took the two wills, and after scruti- nizlng them carefully, suddenly held them before Meritt's eyes. "Now," he cried, "now, MT. confident witness, let me see if you know your signature so certainly now" The witness hesitated, stammered, and showed confusion. Your Honor's, said MT. Pearce, turn ing to the Court, "the confusion of the witness grows out of the fact that there is 8 private mark upon one of these wills, but l happen to have my thumb upon it just now. MT. Merritt, will you tell the Court which is your signature ?" I declare to gracious l don't know, MT. Pearce," was Merritt's frank ad- mission "they are so much alike I can't tell which from t'other, and if I swore to both I'd be telling ie." "I don't feel sure about that" retorted Pearce, quickly ''maybe you wrote both. |" The shot told. Merritt looked at Emory Sudler, grew red in the face, and said nothing. "How came you to be so positive about it at first ? Did you see that pencil mark on the mar gin ?" persisted Pearce. But Merritt denied that he had seen any mark, and could not be made to commit himself in any way. On cross-examination by MT. Mackline he said that MT. Pearce's manner had confused him, and he satis- factorily identified his signature to the first will several times.
 Thursdays and great part of Fri days sessions were consumed in hear ing "experts' testimony in regard to the handwriting of Sylvester and Emory J. sudler, and the three witnesses, the he caveators endeavoring to prove that the will of 1873 was certainly in Emory J. Sudler's shandwriting, and the signatures to the probated will forgeries, while the caveatee, on the other hand, sought tA afo 1,ot &1,o es. ho 4lo in his favor were genuine, while the will of 1873 was forgery, both text and signature. The testimony was SO much divided and so contrarious upon these points that neither party took much by it, and little else resulted from it but confusion to the jury and weariness to the Court. "The Court will say to it's learned brothers," said Chief Judge Robinson at last, somewhat testify, "that with all due admiration for the displayed on each side, this issue must be deemed chiefly question of fact, and however much you may attempt to puzzle the jury with a showing of what might be, they arc likely to determine the case by what IS. Cannot you give us the facts about the discovery of these wills ? How did they come about That will go great way towards settling the question of their genuineness.
 ii quite agree with your Honor" said MT. Mackline, "and' I hope you will compel the other side to show raiso,. d'etre for their so-called will-if they can." 'We accept the issue, your Honor," answered Pearce, "and will now proceed to give the strange his tory of the discovery of our will, show ing how-shall say Providence? inter- ferod in mysterious manner to de fend the rightful heir against the willy plots of the conspirator and calumnia- tor" "Nec deus 5,aterstt sa5si digmets Vimdice saodus," quoted MT. Mackline; "our will came in the natural way and is neither of celestial birth nor spiritual growth. "We admit all that, your Honor we admit that the probated will never passed from MT. Emory Sud- ler's hands until it went into those of the register of wills. But we will now give the history of the genuine will. Gall Betsy Jane Jackson" The wit ness, a portly colored woman, took the stand and testified shs was chamber maid in MT. Sylvester Sudler's house at the time of his death. "What room did MT. Emory J. Sudley occupy when he was there ?" "The blue room." The witness gave sort of description of Q country house chamber, with blue curtains to the windows, 8 blue and red carpet on the floor, high post mahog- any bedstead, and writing table, etc. "What was over the dressing bureau ?" "A looking glass;" What was above the looking glass?' GA picture in black, wooden frame" "What was the picture ?" "King Solomon goin' to have the babies chopped in two." "The judgment of Solomon, eh? That will do." Mrs. Edwards was called and described the room and the picture more fully still. Rev. MT. Fleming was called again, and MT. Pearce handed him the will of 1873 and asked him if he had ever seen that paper before. He had. "How do you recognize it ?" "By private mark Iput upon it when I found it. "State when, where, and how you found it. <" On January 19, 1873, at half-past two o'clock in the afternoon, in the blue room of the late Sylvester Sudlers place, in the back of picture representing the judgment of Solomon. Mrs. Sudler, Mrs. Edwards, and Betsy Jackson were all three present" "What made you look there?' 1T had re- ceived certain information--"
 "Stop there, cried MT. Pearce; call Amanda Stinson." The witness, 8 tall, middle-aged woman, with fierce red head, freckled face, and mouth stained with snuff clippings" innu- merable, took the stand and gazed wildly about her. By dint of close questioning she managed to convey the information that she lived across the creek from MT. Sylvester Sudler's; that her boy Kite caught oysters and she shucked them and sold them for iv- ing. Her boy Kite wasn't exactly right,
 but was the best creeter in the world,
 and wouldn't tell lie for nothing. He WAS Aiphtaen Years old. but had no