The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1874-04-30
Correspondence of he Sew York world.


THE TRUTH COMES UPPERAIosI
AND EVER IS JUSTICE DONE.
Correspondence of he New York World.
DENTON, Caroline CO., Nd, March II
Yesterday in the Circuit Court her,
the great Sylvester Sudler will cas-,
Terminated, the jury rendering yer
dict for the eaVeators. AS this is il
some respects the most remarkabl,
trial upon record, a synopsis of thl
facts may not be uninteresting TO youl
readers.
In December, 1871, one Sylvester
| Sudler, q farmer, estimated to bG
worth $150,000, and residing on Pop
lar Island Greek Neck, in the Second
Election District of Queen Anne's, the
adjoining county to this. where he had
a very large farm, and fine residence
was taken very sick with pneumonia.
After few days severe illness, he
improved and became convaIescent,
but exposing himself too soon, had q
relapse, and on the 18th of January
1872, died. During the interval OF
conYalescence between the two attacks
of illness, Sylvester Sudler sent for
his brother, Emory j. Sudler, a
lawyer living upon Kent Island, "a
part of Queen Anne's County,, and
got him to write his will. This was
duly executed in the presence of three
witnesses, on the 18th of January and
delivered into the custody of Emory
j. Sudler, who was understood to be
named as executor. On the 18th EN-
ory Sudler went home, and did not
return to Poplar Island Creek Neck
until the 2Ist of January, when he
was summoned to be present at his
brothers funeral, which took place the
next day.
On the 23d of January Emory j.
Sudler, by request, read the will in
the presence of two of the witnesses.
Rev. John Fleming and Mrs. Hannah
Edwards, and of the widow, Mrs.
Mary Ann Sudler, and the only child
of Sylvester Sudler, Emory J. Sudler,
Jr., boy of twelve years. The will,
after naming Emory j. Sudler, Sr.,
sole executor, and devisiug some small
sums in the shape of legacies, gave di-
rections that the real estate should be
sold, and out of the proceeds $500
should be paid to Mary Ann Sudler,
while all the rest of the estate should
become the property of decedent's
brother, Emory J. Sudler, whom he
recognized as his universal and only
heir.
The widow and both 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 sig-
natures. He said that he could prove
the will and if it was disputed he
could show the Court the reasons why
his brother Sylvester had made such
devise of his property. He gave
notice also that he would on the next
day apply to the Orphans Conrt at
Centerville for probate of the will.
This he did but the widow, ap-
pearing likewis, entered a caveat on
her own part aud as the next friend
of her son, Emory Sudler, Jr. The
Court appointed day to hear testi-
lnony in degard to the will, and on
that day all three of the witnesses to
the will were present, together with
the parties interested. Mr.. Matthew
Merritt, the third witness, swOre pos
itively to his own signature and to
having seen the other witnesses sign.
He identified the document by its
shape, the envelope containing it, a
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 willing to swear
that it was. She had been in the
house during all of Mr.. Sylvester
Sudler's illness, helping his wife to
nurse him, and had frequently heard
decedent declare that he had lett all
his property Except certain legacies
which she named, and which were in
with the terms of the will
read) to his wife and child. The will
after it was written, and before being
executed, had been for two days in the
custody of the deceased. He had kept
it under his pillow; bad read it him
self; had made her read it to him, and
had got the Rev. Mr.. Fleming to read
it to him also. Hence she was able to
speak so positively of its contents.
The Rev. John Fleming cOrrobora-
ted Mrs. Edwards statement. and tes-
tilted further, that before sending for
his brother Mr.. Sylvester Sudler had
TO him how he intended to
leave his property and consulted him
about giving the administration to
Emory. Emory, he said, was a little
wild, and he was afraid that giving
him such trust might lead TO trouble.
Still it would be q great help to his
brother to have the business, and he
wanted to assist Emory if he could.
This Mr.. Fleming strongly advised
him to do, and Emory was according
ly sent forat once. Still Mr.. Fleming
was not willing to deny that that was
the document he had witnessed and
his signature appended to it.
DIR. James Potter, the family physi-
clan, testified that the decedent had re-
peatedly told him, during his illness
that he had left all his property to his
wife and son.
On the other hand Emory Sudler
pointed TO the fact that none of the
three witnesses were able to dispute
their signatures, and he demanded
that the will be at once admitted to
probate. He said that he was quite
well aware that his brother Sylvester
had made statements with regard to
his testamentary intentions, quite at
variance with his testamentary act,
and further stated that he had written
the copy of the form testified to by
Mrs. Edwards and Rev. Mr.. Fleming,
at his brothers request, and for the
purpose of deceiving. There was a !
reason for all this, and for the peculiar
character of his brothers will but his !
brother had told him in confidence, |
and he was very reluctant TO expose
family secrets to the public gaze. The
widow was quite well aware of what !
he meant. but he would not publish ii |
unless 1t was absolutely necessary to
the establishing OF his rights, and I'M
less the Court compelled him to speak. |
The widow peremptorily denied that !
she understood the caveatee's insinu-
atoms, and defied him TO reveal any
family secrets that would be damag-
ing to any person besides himself. The |
Court thought that ii could not decide |
upon the validity of the will until it
had sifted the matter to the bottom,
but, in Difference to Mr.. Sudler's re-
uctance to testify, adjourned over for
! week, holding the question under
adviseMent.