davidaulloa/AmericanStories huggingface dataset:
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

BALLARD, FAST & Cove learn through the az.
signees that the statement as published lastweek,
regarding the liabilities and assets was incorrect
and send us the following circular:
Office Assignees of BALLARD, FAST & Col
Canton o., January, 1878. !
DEAR Strive find the condition Of affairs Of
Ballard, Fast 8 Co. as follows:
-I LIABILITIES. .n
Bills payaDe.. 62
Accounts ble........."........,,... 65,633 80
gU S2l8OO7 %
Preferred claims. 1882 &C.
&225,S6 58
In addition to the above there is an alleged in
debtedness of Ballard, Fast Co., upon which ].
D. Raster & Co. are liable, said to be about $3.50,
10000 and also an alledged indebtedness Of ]. D
Easter & Co. upon which Ballard, Fast Co. are
said to be liable of about $500 10000. a.ar
a.'. ... ASSETS. 1... g
.rra las per appraisement) 81. ruI
Real estate and merchandise on hand,."aS,956 9S
Accounts considered good. 23737 10
Btlls kecefVaDl lUOO w
Cash on hand and due from Banks...... 2 63S 4S
....f D......,,.,... S76SS2 O1
Doubtful and accounts against l7N 'l0'T
which their are offsets..".."...,SlO0l976 76
Bad aocounts,,..,.,....,'''-', IL 43y %
.l Toy .. hH s27,45g75
.". Respectfully yours, a1a. l.uf
av.En STD UNDERHInJ & Glass, Assignees.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

Flannels, Casimeres and Blankets are
being slaughtered at h. A. DeForesfs,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

A change in DeForest's column and
prices, Read it,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07
CleYeland, O., Jan. 20, 1S7E

Edlt0r Uen0cTuI! N ---| y IT
DEAR sIR-Enclosed please find money order
calling for four dollars subscription to the DEMO.
oRAT. Please send a receipt and obllge, DOLL
Yours Respectfully, CHASER BROS.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07
MarIboro, stark CO., o, Jan. 2s, ISIS.

MdTIDOTOi bIHTK UOI U jan, 20 IoTo,
Editor Democrat
Dear Slr-Enclossd please find one dollar to pay
my subscription for your paper for six months
DANIEL RINGER.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07
Bayard, Columbiana Co., o., Jan. %, Us

a. McGregor & Son: '..
sIRs-Enclosed find draft of five dollars, for
which please cancel my old accountant send me
the Stark County DEMOCRAT for one year (only)
and much oblige Yours, &C.,
..... .. .. O. j. PITNEY
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

40. Martinsville, Clark Co., ILL.,, Jan. 90, 1878.
Editor Democrat
+ DEAR sIR-Enclosed find one dollar, for which
extend the subscription of the DEMOCRAT.
Yours truly, Jos. SHARP.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

Cramps of the stomach and bowels cured by
6ANFoRD's JAMAICA GINGER.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

.. Fools names are like their faces,
AlwayI seen in public places.
So says Detimore, the Laundry man, Try his
Laundry work,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

"THE BEAUr1FuI-snow" has been suffering
terribly the last two days and is gradually melting
away, and To- day will badly spoil the Lsiahing.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07
SAFE INVESTMENT.

FOyes Italian Liniment cures pain in the back,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

Foyea Italian Llniment cures ohiiblaines.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-02-07

H. Smith blaeksmithing. ng.....................S 7 Il
L. Dumont, groceries. Is 9s
W. B. Perkins & Co., blank books,"".........m AZ
c. b. Anthony, wood for steamer.............,. &c
s. Ightheiser repairs on lamps."".".,.....". 2 &C
j. Punkard Street Commissioner. So 81
Council went into executive session, and ad
journed for two weeks.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

Philadelphia through her controller objects
10 paying the lawyers fee OF the plaintiff in a
case IN which She was defendant. The building
commission recently sued the city. ia the bill
OF its regular expenses presented to the proper
officials Tor payment without question. counsel
fee in this case is one OF the items. As the city
controller suggests, it is a remarkable Gift of
power That a commission spending the money
OF The city and acting for it can institute adverse
proceedings against the city and compel it TO
pay the expenses OF such litigation without
any inquiry into their correctness or re asona-
hlenesS Ia the present ease il IS SAID there is
no ordinance of councils authorizing the board
10 retain special counsel, no appropriation
therefor. and no official Of the ciry has had a
voice III determining the value Of tap services
rendered. Under these circumstances it i. at
least doubtful whether the lawyer hired nv the
board viii obtain his fee from the city
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

~ ~
tor and Manufacturer OF the DASiGHEFF @ ~ :
MD GLQN Z: whose Office is at % Lexing- L.
ladies of Washington and vicinity that for Is
the purpose OF receiving orders for his Gloves, he
vii be located ct No. 1l01 PENNSYLVANIA AVE
on Tuesday. WEDNksDaY and I!II3A 40.
yenber 26th. 21th, and 18th, from to O'Clock o. IN
Al OF MIR OelSnaTS manufacture OF gloves are made
from the very finest selected stock of Imported
French hid, and are guaranteed perfect in style,
fOI1n TT and finish Actual measurements taken for
each hand, thus insrring absolute perfection of fit
10 matter what the shape OF the hand may be
Orders taken day and the finished gloves deliv-
cred the next Sample cards Of 900 shades of colors
from which to select, enabling ladies to match any
costume. Mr. Gesmar. in order to introduce his
four days Of his preliminary visit from the standard
of S24 per dozen to the following prices For one
pair, 81 rs; for three pairs S. for six pairs, $3.50
for twelve pairs $l8 The Danicheff Kid Glove Mr.
Geismar confidently recommends to the ladies as
being the most beautiful. and in every way thor
oughly satisfactorily kid glove manufactured. and
~ ladies of Baltimore who are his patrons.
heSieeNs No. yi1o7 pennsyi a. nh1s arsh.e.
Over Gats Jewelry Store, up one fight of stairs)
MIR. lGEISMAR is also the Sole Proprietor and
Manufacturer of THE CELEBRATED THERESA
POWDER for the complexion, which is unequaled
face powder, sure cure for chapped hands and
lips, rheupatlsm OF the hands, and an lnfalble pre-
tsnti7e OF perspiration This Powder is manufac-
tured from the purest materials and contains moth
ing which III the least deleerious 1t will render
In the most refined circles of Partisan society this
Powder is almost universally used and has received
the highest prizes and medals of French Societies of
Arts and Sciences and hundreds of certificates from
the next sixty days be sold at SO cents per box (the
usual price being 81 postpaid to any portion of the
United States Canadas. None genuine without
n0y25-3t A. GEISMAR, Proprietor.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

issue the LIST and 18th of each month bulletin
OF all property for rent and sale my books which
can be had on application at my Office VIII be sent
by mail if desired.
Auction Sales.
On Tuesday Nov. 26th at 3 y. In, Nos. 400 to 43t
18th ST. he.
Loans.
$4,000, $1,000, $1,000. $500. $500 at 3 per
cent, 81
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
To Correspondents.

Letters should be addressed to the Editorial or
Business Manager of THE STAR, according to their
tenor, and not to any individual name. Otherwise
provoking delays may occur, on account Of Ab-
seDce, etc
Checks, etc, should In all cases be made PAYABLE
so the order of THE EVENING STAR NEWSPAPER
COMPASY-not to that OF any individual
eR- Anonymous communications not read; re-
5ected manuscripts not returned or preserved.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
DROPOsALs FOR GRADING.

The undersigned will receive proposals for grad
ing Lot l. Square %, located on the corner of
New Hampshire avenue. and 18th SITS NV The
LOT to be brought to the proper grade; the frame
houses situated thereon to be lowered and mads
tenautable. and all the work 10 be cBm,,letad by
April lst 1879. Bids for the same TO lie opened On
FRIDAY, December 9th prox. Specific inform.
ton may be obtained OF JAMES FRASER
Wood AID Coal Dealer.
noyi9, 2i,25,2o,2s,jO No. eli q e. Nv.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

WOMAN'S WORDS-An Original Review OF
w What Women are Doing in Art, Science. Liters-
ture, Education, Industry, Philanthropy Social Re
form and Government Also a faithful record OF
what men are doing to advance the interests of wo-
men. Eperp household should read good tpofHHn's
pdper. Published monthly. Price per year, 81 !;
single copies. 10 cents Theresa Juan Lewis Sara
Andrews Spencer, Publishers Mrs Theress Juan
Lewis, Managing Editor. Gas Walnut street. Phila-
delphA. Pa aug6-1y
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
NEW LAW AND MISCELLANEOUS

NEW LAW AND SDoF MISCELLANEOUS
Scientific Memoirs. By Jno. W. Draper.
Growth Of the Steam Engine. Thurston....... $50
Cousin P0ly's Gold NJ ina Mrs. A T. Porter. 40
The Ceramic Art. Jennie J. Young ....-....... 500
Smiths Manual Equity. Ingersoll's Notes. 400
Hinkieys Testanentary Law of Maryland. -. 90
Revised Statutes n V % edition. 1S7s........ 200
Is. Supreme Court Reports. Otto. Vol O.. 500
Our Stationery Stock Is now complete with al the
new and attractive styles, including very handsome
Tiles in frames, Glass Inkstands and Paper Weights
Chromos, Picture Frames, Russia Leather Goods SO
Our customers are invited to examine.
w. H. & q. III. MORRISON,
Law BOOKSELLERS AND STArIoNERs,
oct9tr 455 Peau0, 0peuu<,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
FOR RENT AND SAL. E.

Il Very desirable STORE and DWELLING, ns Ia
rooms IN complete order, No. 27 Pcnnsylysnis ave.
nue NV. Rent S75.
We have seYcra! CASH BUYERS for BRICK
HOUSES on Capitol Hill. Price not to exceed - 500
For Rent Sale or Exchange-Seyeral very ,iasira
bic FARMS near the city.
W. II. MAIN & BROS
nov2Sa' 125 Pennsy lyans avenue nv
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
BOOKS, &c.

NOVELTIES FOR THE COMING SEA-
~ SON.-Selected personally in Sorrento, Italy.
made of Olive Wood and beautifully maid PORT,
ABLE DISKS FOLIOS. BOOK RACKS, GLOVE
and HANDkFRCi IIEF BOXES, TOILET BOXES,
HAND MIRRORS, l.HoTO@RAIlI FRAMES, a.
Paris. consisting of OR tPHIStoPES, EASELS.
ALBUMS very beautiful; li. INK :, STANDS S.
BOSSED FOLIOS: WORK BOXhS and DRESS
ING CASES; BOXES OF PAINTS and CHESS;
which VIII TIE sold much below the regna.f ie'au
price.
VII. BALLANTYNE & son,
~ S..a,,th
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
To Traveller and Residents Abroad.

The EVENING STAR viii be found on file at thu
following places, where, also, advertisements and
subscriptions VIII be received Henry F. Gillis &
Co, 44e Strand, Charing Cross London; Charles
Eartwick, lis Boulevard Magenta, and n T. Harald
Office. 40 Avenue de rOpera, Paris
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
PROPOSALS.
NVl OCALC.
DPOPOSALS FOR LABOR AND CUT
l. ST0NE WORK FOB THE BUILnING FOX
ING, WASHINGTON, ID. G.
+ SUPERNIsING ARCHITECT,

WASHINGTON, ID. c., November 2lst 1879
Sealed Proposals viii be received at this Office until
IL NJ. on the FOURTH DAY OF DECEMBER, 1873. for
al the labor required in laying the brick and setting
the stonework for the superstructure of the build
ing for the Bureau of En- craving and Printing in this
city
Proposals will also he received until that time for
all the stone work, cut leryised and delivered at the
building ready for setting required for the super
structure of the building in accordance with draw
ings and specification Copy of specification and
any additional information may be hao ON appsica-
ton at this ONCE where the drawings nay be seen.
JAMES q. HILL,
nov226t Supervising Architect
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
LOST AND FOUND.

I OST-Last week, pair of EYEGLASSES with
~ steel rims. A suitable reward will 80
be paid for their return to 2l43 q st so@
It's
nN MONDAY MORNING LAST A BRINDT.,
~ COW, white stripe running down the u.
back came to my place The owner viii 49, kSsSH
ford. prove property, pay charges sd c th
her away. JAY, anu Iake
nov262t. Corner 9th S. and .iE aSso Gibson
EOUND-On the 1877 ;,... -; -,
will Diee.a Coz can a.1' -,g note and money Owner
M az g., Sa and prove property and pay for
iotn ST. NV. nof23-3ts
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

Average ssroY7s Daily Circulation oeep
I5,5OO-befn0 q much larger bona tide,
regular and permanent circulation than
that Of all the other daily papers n TIE
city added together.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

OPENED THIS MORNING.
" CHOICE ASSORTMENT
SCARF RINGS,
SCARF PINS,
LINK SLEEVE BUTTONS,
STUD and COLLAR BUTTONS.
W. 8. TEEL,
nov23-tr 935 Pennsylvania are,lue.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
To Advertisers.

Advertisers are requested to send In their IN
nouncemerts as early in the day possible, and II
Ill cases before IL O'Clock NJ The insertion in tn
same days issue Of those reaching the office afte
that hour cannot be assured.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

L'OR PENTHOUSE No. 1915 q st H. w 8 rooms
j. pantry linen and bath rooms, and all modern
improvements in good order. Apply to iO7 Goth ST.
" NJ BROWN. nOy25-Gts
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
DROPERTY FOR RENT.
i By Il. q. HOFFMAN,
Real Estate Aren't and Auctioneer.
10Th and L SITS. NV

IOh NAI8F-
HOUSES and LOTS III every section Of the CITY a
prices To suit the times and terms that will suit
elseW here.
noS23-tr r. o. HOFFMAN
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

NJ PARIS KID GLOVE DEPOT.@
S2S Pennsylvania dreale, C.
Gone Door East of Mitchell L Martin's.) -
Established 1860 g
II Receiving large supplies of Fashionable
GLOVES for day and evening; 3-button 60 cts. up
To Sl-T5; Gents, 81, 81 % and 81 80. noy25-2t
HORSE OWNERS, ATTEyTION.-Col
Il Il lege Villa Farm IL miles above George -
town on Tennaliytown road, offers the best Nn
0l lnouceu ents for wintering Horses at theT ~
low priee of $40 per month First-class
staoies, with box stall for every horse Two feeds
OF gram uaiiy: veterinary attendance free DIR II p
r LoED rsslding on the place. For further particu
noy25-3m 7 NyOyIry
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

ENOR RENT-HOU Sc. No 2OO9 HI st. cont ,nnr
IL rooms, hot and cold water. range and latrOoe
House. No. sos Doth st. containing rooms and
modern conyeniences. For terms, apply at store
COT Zutn ana II SITS NOVELIST
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

FOR RENT-A handsomely Furnished ROOM
l. with bath adjoining; second floor: to a gentle
man; private family; location desirable. No. zoos
"h ST. NV. nov25-2t=
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

k'oR RENT EXCELLENT OPPORTU SITY-Tfie
whole or part of Unfurnished HOUSE. AS 9th
st NV location central and very desirable modern
Improvements price very low. noy25-3t.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

DRESSMAkING
~ MISSES HAMILTON
Dos Pennsylvania Apenae
Wish to inform the ladies of Washington that tbev
have opened establishment at the above adde's
Walking dresses, SS Handsome Silk and Velvet
Dresses SlO Sl2 and s15. Style and work not to be
exeeiled noyl92m
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

Tor RENT-DWELLINGS No 1888 and 1897 Sth
l. ST NV: eight rooms, three stories and base
lnent rent $50 per month payable in advance w
> IhOMPSON. tO3 18th st. nov23-1w
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

E'OR RENT-Four ROOMS, furnished or unfur-
L nished; House contains all modern improve
meDts rent reasonable rooms rented separately or
together. 9l2 NJ St NV. nOv252t4
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
BOARDING..

E'OR RENT-WITH BoARD-For one or two per
l. sons, delightful back parlor-furnshed or
UNI MISREPRESENTATION exposure: opening on a
long piazza terms reasonabe 1I6 c St NV n26}ts
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

TOR RENT-BRICK No. T26 10th st NV, oppo-
Il site Congregational Church; u rooms with
modern impro, ements rent $780, Apply to ALBERT
/. FOX, 900 st. NV ney253t
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

E'OR BENT-HOCSE No. 1922 K St NV: eigbt
rooms; gas, water, bath ro0n closets, &C.: large
yard tine pump OF water rent very low. Inquire
lO-V N 81 INV 23,tta
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

ENOR RENT-FRAME COTTAGE, southeast cor
l. ner 10th and r SITS. D.w. six rooms, bath room,
and large yard filed with shruhbery rent SlS 40
ply to ALBERT + FOX, No $40 + st. NV n953t
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

E'OR RENT OR SALE-A FARM of ~ acres: two
l. miles from the Navy Yard. Apply to NJ. ADD
son. ITO ii st. W. nOy25-I+
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26

FOR RENT-ROOAlS, furnished or unfurnisled :;
three and four adjoining; modern improve
nelts l4l4 st, one half square from Treasury de
Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-11-26
BUSINESS CHANCES.

Ron sALE-A DAIRY. in the city. ak cows ~,
AM" s =, "a tNures. good vii Sc 3; loW ur7irr
tif2 ~ -tfttf Sw uov2f q.
The Morning herald., 1878-12-03
CUSTOM DEPARTMENT.

Still retains its we'll merited popularity,
q nd have an immense stock to select from
while our cutter has no superior In this
city in STYLE, FIT & WORKMANSHIP
GUAQ ANTEED.
The Morning herald., 1878-12-03
ONE CENT,

by two substantial witnesses, who rnust
sign their names to IL in the presence of the
testator. He alluded to the execution Of
the will, and to the testator's competency
saying that II the evidence of Robert q.
Fraim and James Fl. NcDermott is to, be-
relied on, the will was properly executed,
but IS to o mans competency, the care to
Do exercised must vary with the age and
common mental power. In the case of 4
man 60 old as the testator, greater care
should be taken than with younger man.
ihere is one thing In the case that atten-
tion must be given to and that 3is thkt. the
VIII lay In Mr.. Fraim's possession one year,
from the time 1t was written till it, Admins
tration. Why II was kept all this time has
never been fully explained .s...es-.-.ss-.l.
Judge Wootten then reviewed the eyi.
denos Of some length, and after briefly
stating the four points brought up bv mn.
Lore II his opening, said that the mais
point TO be decided IN the case was whether
the testator which he could not resist. II
evidence is found that is conflicting . lit
must be harm0Hized;, If too complicated,
you must give credit to that entitled 20 %
credit, and that Is not you must strike out.
| AAO JUL AVUA O0 NJ 4S6V VClUCMs d 8UU UU0
Court TOOK recess TOR an hour and . half.
AFTERNOON SESSION., ..,o.,,t,
Court re-agsembled at O'Clock. f7'a'f'a'
On motion of the Examining COMMITTEES
Mr.. 8. W. McCaullsy was admitted to, the
Bar. 5 ,a1.f4...s i st.9Tya s1sT
Judge Wooten stated that he understood
that the absence which led to the fining Of
the Jurors, on Saturday, was unavoidable,
and on that account IT would be remitted.
After going over the trial list for some
Time the Sherif's sale cases we're taken ups
The first, and indeed the only one tried,
was rule to get aside the sale Of the pro-
perty OF Anthony Reybold, near Delaware
City, on account Of inadequacy. q Messfs.
Gordon, Bates and Harrington for the rule,
Aessrs. Gray and Rodney against IT,
\. VIM. Stuckart testified that the farm was
worth from $35, 900 to $50, 900, about two
times the price paid for 1t at the sale. ssast
3. shallcross, Thomas Bird, Barney ReF7
bold, Theodore Clark, T. J. Craven, James.
?. Henry, Levi B.. Clark, tGeorge Tybont,
A. M F. Higgins and William Beck corroB0s
rated Mr.. Stuckart's testimony iTn
Ex-Sherif Grubb testified that there was
good attendance at the sale, and while
the place was up for sale, he gave twtS
lCCCbnoo VI 6UOut Id LUluUb6h 6ACQ. In OEu6r
to let the bidders make up their minds. .gt..,
The Court set the sale aside.
Very little business was done after this,
and at little before 6 O'Clock, operations
ceased altogether. ~ rstr IaDs 5d8
At O'Clock the jury in the Dougherty
will case was still out.
The Court of Oyer and Terminer com
mences Tomorrow, when the capital cases
will be commenced, ~ ey, vrTs4s D 43I
The Morning herald., 1878-12-03
LOCAL AFFAIRS.
THE COUNTY COURT.

THE WILL CASE CONCLUDED AND BRYoRH
THs JURY-soMH MINOR BusINEss, IN
oLUDING A SHERIFF SALE CASE.
Especial Correspondence of the HnRALD.]
&.t NEW CASTLE, Dec. 3, 1878.
Court assembled at 10 O'Clock this morn.
ing with Chief Justice Comegys, and
Judges Wootton and Houston presiding.
The Examining Committee reported that
Ell Fl. Chandler was qualified to practice
law, ard he was admitted to the bar.
Before the argument in the Dougherty
will case was opened, Mr.. Charles B. Lore
asked the court to instruct the jury on four
points: First, What constitutes sound,
discriminating mind and memory, as inter-
preted by the laws of Delaware; Second
That testamentary capacity is preserved by
law, and when attempt is made to set aside
will the plaintiff must show by positive
proof that the maker of the will was inca
pable in mind; Third, That the burden Of
capacity relates to the exact time when the
will was executed, and this is the point to
which the jury is to look; Fourth, The cub
scribing witnesses to will are persons
which the law places about the testator to
test his capacity, and they should have tn Q
proper consideration and peculiar credit to
which the law entities them. In setting
forth each of these points Mr.. Lore quoted
q number of Delaware authorities to sup
port them, and then addressed the jury
briefly on the capacity of the maker Of the
will. The Delaware law does not measure
the degree of capacity Of maker Of a. will,
and it is only necessary for him to know
that he was making will. The defence,
he said, is not bound, according to Judge
Clayton, to prove any testsmentary cspa-
city.
Col. Whiteley then addressed the jury
for the plaintiff. He opened his argument
by speaking of the circumstances OF the
case. The testator, an old man, came from
ireland in his youth worked for tho Messrs.
Dupont until he was about 80 years Of age;
when he purchased the little place in Bran
dywine hundred nm which he lived till his
death. Living as he did, loving all his
children, he showed them no partislity un>
til he made the will. After strokes of par"
alysis, and many months OF dotsge he made
the will. Had 1t been natural will noth-
| ing would have been said about 1t. Az 1t
was he cut of all his children save one
with $50 apiece, and to that favored one he
gave the homestead on which he had
brought up his family with the understand
ing that his wife was to share It till her
death. y.
This lie, we venture to say, most out
rageous and unnatural will. When sub
stantisl witnesses are thrown around . man
as the law directs, those witnesses should
be more careful when 1t is man of %
years who makes the will, instead of a
comparatively young man.
Now!one question that ! must ask you
here is: How do you know he made the
will9 All he did, even taking the testimo'
| ny OF. the other side, was to say "yes," in
Ii his unconscious way. There were no writ
ten instructions from the testator to Mr.
Fraim who made the will, and indeed We
DO not know there were any instructions at