The daily gazette., 1878-12-02
FIFTH EDITION.
OUR COUNTY COURT.

Sarcastic TIT BetWeen the Learned
Gentlemen.
Special to the Gazette.
NEW CASTLE, Dec. ., 1S7s.-Court
opened this morning at 10 o'clock, Judges
Comegys, Wootten and Houston ON the
bench.
Mr.. Eli II. Chandler, an applicant for
admission to the bar, upon a favorable
report from the committee on examna-
tion, was admitted to practice in this
Court.
The panel in the Dougherty will case
being called and all members answering.
the argument was opened. Mr.. Lore
after addressing the Court for short
time asked their Honors to charge the
jury upon certain points of law setting
up the testamentary capacity of the de-
ceased.
lie then addressed the jury upon the
facts in the issue, and appealed to them
upon these facts for an affirmative YER
dict that the paper writing purporting to
be the last will of George Dougherty is
lis last will and testament.
Mr.. Whiteley then opened his remarks
with reviewing the circumstances under
which the will was attested. He called
to the minds of the jury the comatosc
state under which the testator was labor
ing, and drew the inference that it being
signed under such circumstances was a
plain evidence that the will had been
"cooked." About year before, George
| Dougherty had gone to Mr.. Fraim and
asked him to make a will. The will was
made and as the old man had grown bet
ter young George did not call for il.
and Mr.. Fraim placed it in his private
desk.
This was at the time of the previous
attack, and the will laid IN Mr.. Fram's
possession for thirteen months-untIl the
time of the senior Mr.. Doughertys last
attack which ultimately caused his death.
When this last attack came, there was
! hurrying and fast riding the old man
was at last dead enough, the opportune
tune which young George had been wait
ing for had at last arrived, and the will
which had been such long time cooking
must be signed. They wanted TO catch the
old man aS he quivered between life and
eternity. There are times when reactions
take place in such instances, under which
| the old man labored, when there are evi
| dances nf gaiifu "a fRia IL. a.r
feren;. The sick man was in his dotaee
his mental abilities were perfect wreck
| The parties who cooked this will didn't
wait for an evidence of sanity, Oh, no
they wanted to catch the old man on the
| fly, as he was about to disappear in etern.
ity-and they did.
Mr Fraim went to the sick man and
read, as he says, the will IN sections, and
asked the testator after each article if
'that was his wish" and received nm
answer Eyes" as a reply. That was very
well. Old Mr.. Dougherty at that mo.
ment didn't know whether il was Mr.
Fraim writing will or Rev. Mr.. Hook
keppel showing him. The old man an,w.
cred 'yes." Why any man, sick and nest.
cred, would answer "yes." He wanted tc
get rid of them. They wero bothering
him.
The real question is: Whose will is
this 1t isn't old man Dougherty;s :
Why even the signature itself was signed
beforehand and the poor man was not civ
en- the poor privilege of making his mark
To use thewOrds of DIR. Calver and Father
Hochkeppel the patient was IN 0rtjc,,l1
n,ortis; in the article of DEATH Being In
this stage he could not recover. Il was
impossible. He, however, by force OF
a super-human will, lives for thirtee
days thereafter but mark you, he did not
recover his mental faculties. The evI.
dence of Mrs. McCollum settles the point
of the old mans sanity.
MIR. Whiteley closed upon the expira.
non OF the time agreed upon-one hour
and Mr. Lore, counsel for the com.
plai nants opened in his rebutting areu-
ment.
lie reviewed Mr. WhiteIey's remarks
relating to 'the unnatural conduct of the
son George "The appearance of old
Mrs. Doughrrty who sat by Mr.. Lore's
side during the whole of the trail said
Mr. Lore, "is "A silent witness as to who
the utmost trust could be gwen. She
knows who was the most honorable. HE
one who could be trusted"
Mr.. Lore then spoke of the affections
of Mr.. Dougherty, and did it. in such an
earnest manner that the old lady NJ
Dougherty, burst into tears. and her sol,
could be heard all over the court room.
Mr. Lore, stopping in his remarks
turned to Mrs. DOughcriy and reqtiestco
her 10 ''festrain h-r-ef"
Very dramatic" sarcastically retorte,
Mr.. Whiteley.
"Don't talk Of dramai sm," renlc,
Mr. Lore, turning to Mr. VIII teiev, aIoni
talk of dramaiics. IL Is caused bv Lei
natural affection. Don't talk of drama
ti-m, he iterated, when Mrs. Krll,
was upon that stand She was greatly af
iected; Oh, what rivers of Tears mus
have flowed when her first I'M. band died
She was greatly aiirc ed when giving h,.
!. testimony but didn't see any tears
After this sarcastic tilt etween In. tS,
/ lawyers, Mr.Lore continued his argument
:, lie called attention to the eyld nee q
a Rev. MIR. Hochkcppel wherein it wa
| stated that the man, who was to hay,
! beeu dead according to the learned conn
sefs argument, repeated after hIm tn,
l. Lords Prayer, and gave other evidence
: OF the rational Intellect He closed wItl
e an appeal 10 the sympathies of the iury
q anu IN behalf OF the poor old woman vii.
= sat beside him, with her mouth closed h
the law, asked for an affirmative verdic
the VIII purporlng to be The wish of IN
r d .c"asrd is the will Of her dead bllsban,
Judge WoOtten is at this writing chara
e ing The jury. -
f,t;NEI Gspp l. trr