The Morning herald., 1878-12-02
.ONE'CENJ.,

jected on account of his youth. James H.
M. Dermott was gotten as a witness. I
asked him if he could sit up to sign the
document, and he sasd he would. He was
raised up and signed the will, while I
guided his hand, l had no, doubt of his
soundness whatever.
The counsel for the defence here en-.
deavored TO get the testimony Of James
Riley the boy spoken Of in Mr.. Ftaim's pre-
ceding Testimony. Mr.. Lore said that
Riley was not at present in the state and
could not be found. Tt was desired BY Elm,
10 have the testimony given by Riley
before the Register of Wills. at the time
the appeal was made from the Register, to
60 before tho jury. re 5ltasE-rI
After some discussion az to whether the
testimony should be admitted or not court,
adjourned at LAS o'clock for dinner.
The court re>assembled at 8 O'clock
when the judges decided that it was right
and proper thatall evidence taken before
the Register should 90 before the Jury and
Mr.. Lore, proceeded to read the testimony
of the boy james Riley, the substance of
which is as follows: he was a boy II years
old and lived with the atestator, George
Dougherty deceased, who while he lived
with him, had two strokes of paralysis.
The first stroke came to him in the fall of
1875 and affected his right hand and
which confined him in bed for one day; The
next attack came in March 1877. The
testimony then minutely narrated the cir-
cumstanees occurring in relation therets on
the day if the will was executed, SO far as
he knew. When Mr.. Fraim was Ia TIE
house and before he had gone up into
DoDgherty, snrs room the witness went up
to see the old man who asked him if B b
Fraim was down stairs; he answered that
he was, George always treated the old man
we'll. .,.... --..t,.., c,.2z's atg~
Robert Burgie, a Wilmington shoe.
maker sworn:-I haveoften gone to George
Doughertys place and have staid there for
several days at a time; he and have often
talked together and one day he said to me,
George has stuck to me all the time,
while the others have left me and all hit
1 have will leave to George and the old
woman" it was about six months before
his death that he told me this. Iheard
Hall, who lives in Philadelphia and who
is son-in-law to the deceased, say that
"if the old man helped George, any more
than the rest he would sue George; I think
he was capable of making will.
+ Cross-exanined:-That was in 1875
some time; 1 am relation of Mrs. Dough-
erty. (The witness contradicted himself
10 several main particulars as to time and
John Forwood, afirmed:-Have known
Dougherty, some 35 or 40, years; four or
five years ago he and | were talking on
the public road and he told me that he had
made proposal to John that if he would
give him $1,000 he could have the smaller
farm; mean the farm John lives on now,
when he's home which isn't often; He also
told me that he, would like George to have
the other farm; The last time saw him
was in the ifalP Of 1875, Just aften the cattle
were putlup for the winter, and think he
was capable of making a will at that time.
Geo. Lutz Of Wilmington, sworn:--I
visited the old man, Dougherty several
times year from 1878 to 1875 and he al
ways seem, d SC u Id and capable g.. Ugh of
making Will a'p'aa q ~"
John Forwood was recalled and ques-
toned as to the value Of the land, and
said that at the rate land was selling, he
reconed it would bring $75 5;(meaning SIS
per acre) did not know how many, acres
was in the farm. (The assessment list
was here produced ard showed that the
assessed value cf the farm was $3,500.)
Thos. Williams cold. was sworn, but
gave no important testimony. 20 ,ie'
The counsel fol, the def nc. here rested
the case. ,, j., -,s,.r,q g-s 2afjir7f
Several witnesses were then called by
the counsel for the appellants TO testify to
the character of the boy Riley, who it
seems had run away with a band of gip,
sies.. & Ia nH B'.usa l. igtrcn 4. saI5i
Mrs, Elizabeth Murphy, her husband
Miles, and Rachael Palmer gave Riley
very bad name for truth, and Mrs. Rach-
aei Hahn testified that he was the "most
laborious liar that ever Intoxicated then
parts" (laughter) a." y y'.' ''
odJames McDermott said that Riley had a
good character. g,iago G9lnw s'H n 3fI3
The hearing Of testimonies here closed
on both sides, and at 4.45 o'clock court
adjourned until Monday at 10 o'clock,
when the pleading will commence, Mr..
Lore opening. -. a,
9llI III 80 ----- -