The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1874-04-30

not MS DQI bastard. he knew TINS
but only bv negro testimony, and s.
indirectly and obseqrely that he coult
not have procured u divorce. He hat
accordingly said nothing and taken N
steps for a separation. He was mucl
older than his wife, used to her, ant
considerably under her influence
in short, she controlled him, and coult
not get along without her. Still, il
coming TO die, he could not bring him
self to perpetuate wrong, nor forge
her infidelity, nor leave his property
to illegitimate aliens. He accordingly
dictated the will produced in court
and to avoid rcerimation and $50 ht
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. g Where is
that will ?" asked the Chief Judge
Mr.. Sudler produced it. In appear
ance it was a facsimile of the exc.
cuted will.
Mrs. MaryAnn Sudler repelled. Mr..
Emory J.. Sudler's statement with
much indignation, and her counsel
announced in Court that she would
take Immediate steps to vindicate her
reputation and punish her husbands
brother for his foul aspersions by
suing him for SANDER. The Judges
of the Orphan's Court, however, while
regrettiDg the turn things had taken,
announced that they were determined
to admit the will presented by Emory
j, Sudler to probate, and directed that
gentleman to have his bond ready for
next court day..
The widow at once appealed, went
into the Circuit Court and got an in
junction, brought civil suite against
Emory j, ,Sudler for SANDER, and tried
to have him Indicted tor SANDER and
| perjury both. Now cnsued a success
sion of legal proceedings of very
| bewildering sort-the executor trying
10 force the matter to settlement,and
the widows counsel resorting to ali
sorts of dilatory steps. On the 10Th
of January, 1873, however, one year
precisely from the day of Sylvester
Sudler's death, it was announced that
the widow had actually discovered
| the win which she had all along
claimed her husband had executed,
and discovered it in the most singular,
not to say miraculous, manner. Now
there was change in the spirit of the
proceedings, The caveators ceased
their dilatory motions and pressed for
trial, while the executor employed all
| the means in his power to secure the
| laws delay. Last November, howev-
er, the counsel on both sides came to
an arrangement by which the issue
might be definitely tried.
Last Monday week, March 9, the
case was called, and the parties were
ready for trial. Judges Wickes and
Stump were both present, and Chief
Judge ohm M. Robinson came over
from the Court of Appeals at Annap-
oils expressly to preside, so that we
had full bench. Both parties were
represented by the most eminent law
yers practising on the Eastern shore,
while the caveatee headed his array
with John Sturgis Mackline, of Wash
ington county, who stands at the head
of Chancery practitioners in this State
aud is not unknown in national poli-
tics. The courtroom was crowded
with spectators, q great many persons
having come over from Queen Anne's
and Kent counties, where the parties
have many friends and relatives,
and where the case has excited the
liVeliest interest.
The first two days of the trial were
chiefly consumed in preljmiRaries, le-
gal skirmishing and the like, and did
not furnish much matter of interest.
But on Wednesday, at the opening of
the Court, the issue was squarely
Joined by the caveators presenting in
Court the will claimed to have been
found January 10, 1878, and offering
to prove it as the actual and only last
will and testament OF Sylvester Sud-
ler The will admitted to probate
was called for, and also the unexecu-
ted Fictitious will, and all three placed
side by side. There was remarkable
similarity in the appearance of the
three documents, which were all writ
ten upon eyeletted legal cap of very
large size. A stationer at Centerville
testified that he had sold qnire of
this paper to Rev. Mr.. Fleming for
Mr.. Sylvester Sudler some time about
Christmas, 1871, and Mr.. Fleming pro-
duced the quire of paper, which he
said he had got from Mr.. Sudler's
writing desk shortly after his death,
and preserved by advice of counsel.
There were three sheets wanting from
the quire.
Mrs Edwards was now put upon
the stand and handed the two wills SO
folded that she could only see her own
two most carefully, the witness after
long hesitating burst into tears and |
protested she did not know and could |
not tell which was her writing. All
she could swear to was the fact that |
she had only signed one will. She |
gave further testimony to the facts |
recorded above and then stood aside. |
Rev. Mr.. Fleming was the next wit
ness. Carefully scrutinizing the two |
signatures the reverend gentleman |
declared that, viewing them separate |
iy aud apart he would not be able to |
determine which was his handwriting |
and which the forgery, but when they I
were side by side he had no hesita- /
ton. s'That is my handwriting" said /
he, touching one of the sheets. and |
the other undoubtedly is not There |
was marked sensation in Court when I
it was announced that the signature +
thus identified was that appended TO I
the last discovered will. Mr.. Mack I
line cross-examined the witness with /
great acuteness and severity, but could |
not make him swerve from his testi- /
mony nor invalidate the positiveness
of his Identification of the signature.
Mr.. 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 a very brief inspec-
tion OF the two signatures he posi-
lively identified one as his own, and
it was found to be that subscribed to
the will admitted TO probate. 1t was
now the cavetee's time to exult, but
Mr.. Pearce, one of the counsel for the
a very shrewd young Jaw
yer, took the two wills, and after
them carefully, suddenly
held them before Mr.. Merritt's eyes.
Now" he cried, "now, Mr.. confident
witness, let me see if you know your
signature so certainly now." The
witness hesitated, stammered, and
showed confusion. " Your honors,"
said Mr.. Pearee, turning to the Court
"the confusion of The witness grows
out of the fact that there is private