, 1874-07-17
LOCAL MISCELLANY.

T.
;. At 11:9o o'oook yesterday morning tho Nal1e
j will oaso wnB rosumol before Judge Wat)ace.
continuation Of tho discussion botyoon thu
attorneys as to tho pertinenco OF evidence aourl
to bo brought out In bohalf Of tho contestants
was frat III ortlor.
1ln. HwETr
oontondod tint 1t was not tho sanlty OF Mr
Walkor that was on trln1 anl tat 1t ha,l already
Boon Shown by DR.. Tucker and nnothor wituosa
;: that deceased was believed to bo Of sound mind
WHOM signing tho will, wliicl, covorol tho 70.
q'ironicnts or tho statute. II tho annity, aud
nos tue fact OF Walters having signed tho paper,
Nas 10 tried. then tho who1o oaHo WAS changed.
Ihe presumption OF law waa tint Mr.. Walker
wa9 bano, and It Is not neceBsnry to prove that,
whom no signel it, ho comprol.endcd the entiro
document. II tho whole cnso waH to be changed,
and tho question OF sanity to be tried, ho would
Aavo the right, under tito stRtutoB, to Introduce
further oyidcnco.
Mn. canrnrtE,
tor tho contestants called for Tho reading Of tho
question to which objection had bcel made,
which was, in effect, "Whothor tho witness, Dr..
Guckor, believed Mr. Wnlkor's miud Mt tho time
Ct signing tho will In Il condition to rcally nn-
only question boforo the Court waa wllothor tllo
Interrogation should bo answered. and ho l,ro-
posed to discuss that alone. He hold 1t compotent
to question tho sanity OF hfr. Walker at tho time
OF executing tho will. It was not enough to hnyo
tho opinion or belief Of tho vitnosa aH to tto
soundnoas of nfr. Walkers mind ut tito time OF
executing tho will, but ho proposed to test tho
haaa Of that opinion mud to show, IL possible,
stated.
Court adjourned till 2 o'clock, Mr.. Campbell
having tho floor. Mr. Campbell resumed: Tile
opposition assumed that Mr.. Walker waa Of
sound mind and memory whom executing the
will. Ho wanted tho proof Of TINT pountluess,
Assumptions would not To. Ic wanted tho
basis of tho witncBs' belief. Tho will was not
read to Walter when he Hsgued IT, He wanted
to demonstrate whether or not Wnlkor know
what he WAS about when signing It. 1ie wanted
to tosc the opinion Of tho witness, and claimed
that right from the Court in the cross: :exan,ira-
elon. The will was drawn two and half months
prior to Its acknowledgement. At tho tino Of itB
drawing tho docoasol's mind may havo been
Eouad bit what it was wanted to got at was.
Mas It sound at the titno Of tho acknowledgment.
Nothing olso. 11o wanted to know not only what
the belief OF the wit1iags was, but upon what
TINT beliof was founded.
Mn. FULLER
followed in tho citation uf auhoritioB to ehow
tho portnouco Of tho question undor discussion.
tfr. Walker at tue limo Of signiug the will, at
lonst to establish whether or not he was cocni- |
zant, at tho timo Of acknowledging tho |
will, Of whom ho vas naking tho objects |
~ A4o oo4Atts ieatl4lk3kAu4s Ill EH6e6 VI tu1H |
kind, was not su1iciont,- t,-positivo proof Of aan-
fly at tho time Of executing tho instrument must
DO Induced. This evidence had not bcen
brought, henco they claimed tho right OF this |
court to question tho belief Of Tho Witness NJ to
tho tostators sauity. 1r. swett ropl:cd briefly
aud
JUnuE WALLACE
said ho would mood timo to dccido the cues
tion. III wow Of all its boarings. II was
now question. 10 could iudicato, low
evor, his opinion. Tho necessity or
tho soundnoss OF mind On tho pnrt Of tic tos-
tator was required by the statnto. Tho question
boforo tho Court, assuming that tho boliof of
sanity had boon Btateu by The witness, was, Can
that boliof bo questioned? The bolief stated
without qualification bound tho Court as to tho
eouadnoss Of mind. Yet tllo Court had tile
right to inquire as to the basis Of that bo]ef,
Ho thought, thun, 1t 4was competent for tho
contestants to examine the witness az to the |
basis Of his belief Of tho tcstator's soundness
Of mind. AS to whether the Court ought
to permit tho answer to this question.
he would not fully dispose Of it that .
hight. 1Io had aome doubt Of 1t, !:
but would o1au,ino tho authoritios moro fully,
and l,uye something moro to say tho mort ]
morning npou tho subject.
At 4:;0 o'clock the Court adjourned until this
morning at 10 O'Clock. It is Akely the case will
continue several days.