The Morning herald., 1878-11-29

DR.. Daniel, one for s17s, and, the other for
$l65, were then examined. These two
notes and $lS0 In money waspaid to Ham
ilton a. Cnmmtpge f2r the note. rp
The case, aiter being srgued by the coun-
sci on;boths sidesg wants to. the Jury at 1.S0
p m. After being out for an hour and
quarter, the jusy returned verdict in the
plelntif' favor on ell the issues.
-Tha case. of a Mary Hannuna@Ts-n~W. r.
+. g. was then called IL and ID. aon,sult en-
.sssa g owing 2 tle n p1nat#. aa# llns to ap'
aAts o'closk feours vtookAa It'll
o'clock. safaislm
- kFTHaNogNs sHssIoN.
first business done was the spfeseGtaslon by
Anthony Higgins Of g. W ALSG1Aplley Is for
admission TO the par, Messrs: Bates, Nieids
and, Patterson were appointed committee
of examination. fuA 40 ,litw ,5@fs'ss
ToYnsend ,adminiatrstorof John Townsend,
sct:on r. lad been brought to, recover amount
Of $s2s On a. pgomissogy note. Nosopposi.
tion was offered and the Jury gave vesdIct
for that amounts sJ0Ga aaT TAHT
aThs next case takeusuR wAs.thst of Mary
af 1sRs DSgghsSsy ct e VI Gsorse
WRNel4y sappeared f0fs splaintfff; Chas. B.
loreS Esq 5for the Saefendants.f u The case
sMasfan, Issue FROM tbes registers pfowiils, as
ss & "9s:ssy r. ~ xitgg sorss Be
'DougfSefty, deceased, ,sis or issh6t sthe last
Will and tssssment OF said lou6herty
Ga0rOA nOu charity ~ Rno nd Uws3yao Hy1n
dred, died II, th1 1gsIs gssIpsring is of iS57. Ia March
NE sig6sd what pdfpSortsd Is bs nis last vii
sndttsstanent wiliMaS taken ~ New
Castle sndgproveds by tho RsgistrarssEAfter
this tbe matteru cama into court, and the
iSs issqs e,,' Tss sss np a w Aa genHlnensss OF
nIlMr Lore. inepsnibea asnua6segsasd that
be expected,toI prove That tin,E EsbFpaEys 1876,
seoa sSssss ils H. wih III
bysrhsl inseructfon fofhim mt0MSies)hiS will.
This, Ar. Fraim did and IN March,i1S77, he
WIS seht for, (the WIN having remained in
|htstbands ali thss time 9ssHd geiEgsto Mr..
DoughertyIs house the,papsn Wassigned by
70 be'his last viii md tsstament. Before
bitwas isienedl Mr. Fsaim fully sstisfed him.
self a. to the cspahili 2 Ethesmakerof the
WIN 8sfe es "a ss1B Me- Me-
Dermett.a.s4s...asssas...
sT Rohert, Frainc Wss, v thea frat witness
called. The will IN issue was shown TO the
witness and he said it was the one which
|1he hadwritten from memofandnn& Of Geo.
|poughertyy jraTThe witne6s theT'debaiIel
the drawing up of1 the, " in ,snd. tits sxccn.
ton. In reference, to his going to the
Ebouse Oh Marck 20, MI ltfraina TESTIFIED ths
bsfore teswsneupsto Msa D0aghertyss
he read the will eins theaprssenee ofaMrr.
DougherLy,. Geerge nougherty, in, ar.
Mary Jane Green, who said that 60 far E
|theyfknew IT. accorded with Mr. Dod8hel
ty's desires. Witneaa said thats&hea Il 9
will, was signed hessvas fully satisfied as 10
the souLdness of the slgnsg's mind .uA
Upon being cross examined by Col.
|Whitslsy, Alss sFysim lsafd that Id period IF
ten years~shad elapsed between the signing
Of the will and the last time before that th t
| lie had seen the deceased.
! II James I Hst Med Derinottv tsstiasd 10 the
Gig ming Of the yiiE and dupon lbeihg crof's-
examined by Col. Whiteleys sshid that ne
was not acquainted with the Deceased, ard
Lthodgh he appeaueds hetl soand in mind he
could, not fsayy to- A. esrtainty w. aHe3 a 50,
confessed that on, the daY in question ne
hsd been drinking, though not to . gr 1T
extent. " .sNTfri r. . ieT9ESs ~
This. evidence proved the will and as
counsel for the defence opened. =, This
| man said he, lived TO- tie remarkable go
o, 90. syesss, iaud1had severaltchildren; in
s4cept s o. % Of 80. The II Whoie' ' prop pop .ty
was given to his wife uutil her death ,Is Ter
| which It, was to 60 to George Doughe ~,
Jr.: We claim, said Col. Whiteiey, that
when man aged 90 years makes d viii
like thst 1t is suspicious. Before TIr
Fraim went to the house the deceased lad
| two strokes Of paralysis The AL was
written without Instructions, save Stlose
given by George Dougherty, Jr. We will
also show that he was In no condition to
make or sign will.
DIR. VIM. Calver, sworn-I knew George
Dougherty, deceased; attended him on
March 20, 1877, in answer to the visit Of
George Dougherty, Jr.; arrived between
the hours of 10 and 10; the testator was
laying on the, bed in an unconscious coadi-
tiop, the only sign of life was his breath
ing; ,at the time ! saw him he 9ouid not be
aroused in any degree by efforts made to
awake him he was 90 far gone as TO bs
unable to swallow; gave him COM
pound, of taoonite 'and chlorste of pesash,
lsimply by moistening the. lips;s his eyes
were closed from the time got there till I
ltooks my iesve; when I left I expected him
Ito be. dead in two 1hours; went back two
days after and found him somewhat better;
when I saw him be was Incapable Of maxi
ling will or even waxing drink Of water.
as sCross-examined by MI Lore AT the time
lof my frat visit IltwaE in tile room with
the deceased for about Ave min utesi (the
dap the ,will was, .made) + told them to
give him 4 certain medicine which would
perhaps tenable' him TO talk, and Then If
they had anything for chtm to'sttBhd to
they had better do. II; on N.Y. lseHont visit
be bad recovered ,' I much caaan anai RAa. n94difi-