The daily gazette., 1878-12-02

Non Compis Menti$s
NEW CASTLE, Del, Nov. 80, 1S7S.-
The proceedings of Cpult subsequent to
those published in Saturdays late edition,
are as follows,
Robert q. Fram was the first rebuff
ting witness. He stated that when he
arrived at Dougherty's house it was be-
tween five and six o'clock. He found
there Mrs. Dougherty, and Mary Ann
Green. He cautioned none of them to
go out Of the room, as he did not want
the old man to be informed of his arrival
so that he might be better able TO judge
personally if his condition. When he went
up stairs he found the old man lying ON
his bed in the second story. George
Dougherty, Jr., went up with me; l adj
dressed him first l said to him "How
do you do and extended him my hand,
which he grasped in niB own; then ask
ed him if he knew me, he said 'yes,"
asked him "who am ?" he said "Mr.
Fraim, do you think l don't know you?"
l asked him if he had sent for me to
write his will he said ''yes", then said
to him 81 have had your will prepared
for some time," ani lie answered "yes
| know that" it was Ills right hand that
was paralyzed, his left hand was not
paralyzed because he bore his weight OH
it in raising himself in bed commenc-
ed to read the will 10 him and asked
him if read loud enough and lie said
'.yes, read on y he su uggested no altera-
tion in tue will he gave all affirmative
answer to the questions | asked him,
nothing more L read each item to him,
asking al the end of each if that was his
will, and he answered ''yes" l then ask
ed him about the will as whole and he
made the same answer; then told him
we would require another witness, and
the old man said, "George you will have
to go.out and get son.e ebody," and George
suggested young man about sixteen or
seventeen years old, named Reilly; OBJ
jected that he was too young and George
said that he would get old Mr.. Nc
Dermott to which L Assented; we went
down stairs together and George went
away and returned in about twenty min
ures with young Mr.. McDermott; We
then went up stars, and 1 asked the old
man If he could get up and sign the will,
and he said he thought he could and
asked George to assist him to sit up;
George and I helped him up in bed and
| laid this document on a book SO as to
be convenient to sign, and asked, els
this your last will and testament" he
replied eyes," asked "Is it by your re-
quest that Mr.. McDermott and myself
become witnesses to it?" he said Eyes," /
then put the pen in his hand and guided
his hand while he affixed his mark; from
my observation of him at the time and
my previous acquaintance with him
think he was of sound dlsposing mind
memory.
The contending counsel held co nsider-
able discussion over the admissibility of
the evidence of James Riley which was
taken before the Registrar of Wills, Ri
ley had run off with band of gypsies,
and the evidence was thought to be high
ly important. Pending the consideration
of the question Court took recess.
AFTERNOON SESSION.
Court re-assembled at three o'clock,
Judges Wooten and Houston on the
bench.
Judge Wooten ION delivered the
opinion of the Court in relation % the
disputed point of the admission of the
lad RIley's testimony and ruled in favor
of its being read.
After the evidence had been read
Robert Burgie was called and said that
he, in corn cutting time, went to see the
deceased. He was i'm the field with the
old gentleman; Mr.. Uougherty was sit
ting on a fallen tree. The witness said
to the deceased that corn husking was
harder than shoe making" Mr.. Dougher-
ty replied that he "didnt want the wit
ness to work, but stay around the house."
J he witness remarked that George
worked hard; Mr.. Dougherty replied yes;
I worked for him when he wasn't able
to work for himself, and he is working
for me and if he had anything to leave
George would get the ,benetit ofit; heard
John Hall, son-in-laW of the deceased,
say, "if the Old man gave Geor GO more
than he did him, he would sue George
and heard the old man reply, "Pll stop
il that" The witness thought the old
gentleman capable ofmaking a will.
Jehu Farwood swo rn: had met Geo.
Dougherty, Sr., several times before his
death, and found him of sound intellect,
sound as l am, if you call me sound.
George Lutz was called, but nothing
new vas adduced from his testimony.
Thomas Virgins, col, sworn: worked
on The farm of Mr.. Dougherty; old Mr..
Dougherty husked corn, and did such
other kind of labor; he always appeared
TO be boss, and gave me orders; left the
Christmas before he died.
The rebulting testimony here closed,
and several witnesses were called by Mr..
Whiteley to impeach Riley's credibility
ttS d WltHtoo.
Mrs. Elizabeth Murphy sworn have
lived near Mr.. Dougherty's placr; knew
James Riley; he was a very bad boy, and
had bad reputation.
Mrs. Rachel Hand sworn: | know
James Riley, and know him a1 the
most laborious liar under the Heavens"
his reputation is that Of IA very bad, lying,
Notwithstanding boy.
John McDermott was then called by
Mr.. Lore. He testified that as lar rs he
knew the reputation of James Riley was
good.
The evidence closed, and upon an ex-
animation between the Court and the
counsel on both sides, The argument upon
the case was postponed until Monday,
ami the jury, at 4.3O, was discharged
until that time.
At 5 o'clock Court adjourned until ten
o'clock Monday morning.
The DOdsOu Case.