New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-03
THE COURTS.
THE ROLLwAGEN WILL CASE.
CONCLUSION OF MR. ARNOUxs ARGUMENT ron rIa
PROPONENTS

CONCLUSION OF MR.. ARSOUKS ARGUMENT gOR TBH
PROPONENTS
The summing ND in the Rollwagen will case
ended yesterday by Mr. Arnouxs address In favor
OF admitting the will TO probate. The courtroom
filled by the persons interested ia the suit and their
friends The hearing commenced tho 10Th Of Decen
ber 1873, and has since almost uninterrupedy
until closed. Seventy witnesses examined. whoss
testimony covers nearly 1000 pages.
MI Arnoux asked the Court TO remember that most Of
the witnesses for tho proponents were foreigners who
very mperfecty understood EnglIsh idoms. In order
TO throw out the will four witnesses would have to be
branded perjurers; but every man Is presump
lively innocent until proved guilty, these witnesses
cannot be thrown without proof Of per Jury and such
proof has not been offered But the contestants fan 10
make point when they say that Lena guided the Old
ton wasvalid The testimony IL clear that ths
VIII and the codie were read through twice TO the es
into long explanation Of what paralysis OF its
effects with especial reference TO that kind called he NH
peGa. He maintained that tue cOntestants medical
expert testified that hempegfa contracts half OF ,he
body to tho extent OF one-thTdtts size then testified.
as did all the contestants lay witnesses, THAI
Rollwagen's right hand and his tongue were swoi-
have paralysis Mr. Arnoux next took up the question
az TO the mental capacity Of the testlor and showed by
the Parish and other will cases that the burden OF poof
OF DcapacIty is upon the contestants, and Is not
essary for the proponents 10 prove capacity.
After the recess Mr.. Arnonx, qnoTing authorities 20
show that . man may have capacity 10 make Will
when he has not 20 make contract Ike decd showed
the contestants themselves introduced 70
prove that only days before he executed the wild
he executed q deed, and put the deed IN evidence a.
valid thus acknowledging by their acts the full capacity
OF Rolwagen and several agreements concerning his
property In evidence made with the same consenk
In the month the date OF the Will one OF them
being witnessed by his Louis. From the contest
ants testimony also IL appears that in the last hours OF
his life he was careful Of hs business that be had
documents twice before signing, and ordered bs
paid the very day before his death The contestants
endeavOred to prove that the testaor was victim OF
conspiracy, and their method was htung finale 70
their absurd case The allegation Of conspiracy was
an aftertbought with the contestants. They could
not get over the testimony Of John Thesis, QUO
of the witnesses to tho Will. IL was so complete
proof that they were compelled 10 make ILess party
TO conspiracy Their sole proof OF this consisted IN tina
testimony OF q coschman who once he could not reco
lect when, had Tness 80 into Rollwagens house:
and in that another witness who had heard thit an
old woman back IN 1869 wanted Lena Hermann to
marry the old man and they put the two together
and made out a conspiracy between Lena. Lenas
brother, Henry Hermann, and John Ihelss mr..
Arnoux then argued from the oral ana documentary
testimony OF the contestants fall proof VI eeren0naf
marriage OF Mr. ROllwagen and Lena, and quoted from
Judge Gould the Parish to show that vile may
legally exercise the strongest Influence upon her
husband ana from the Gardner case TO snow no" ucn
further than this the influence VI vile mnst ~
to DC considered undue.