Daily Republican., 1878-12-02
oUR COUNTY couar.
New CAsrLL, Nov. 30.

Court openedRat 10 O'Clock. Judge.
Wootten and Houston on the bench,
The general Jury being called and a
, number Of them not ansg gering to their
names, tli. Court imposed fine OF o.
! upon each absentee.
The divorce ease of Mary A. Meaehaiu
". Silas J. Meacham, on application OF
II. Z. TURNER, ESD, before whom, as
commissioner, testimony is being taken,
was directed to he continued untii next
Wednesday, in order that mere evil
dence could be received. J. G. Valian.
digham, Esq, appeared for the appel.
lant.
Owing to the press Of business the
admission OF Sheriff Sale rules was post.
poned until Saturday next.
Messrs. Henry Heisl-r and Henry
Emmons were admitted to practic. at
this bar.
An inquisitlon by jury was taken to
legallze claim of John Mcconnell
against Collins & Kennedy for s42G. %,
due to Mcconnell for board of men en-
ployed by them at Cool Spring Reser.
voir.
The Dougherty will case was then re-
sumed.
Prof. p. W. Hochkeppel was sworn;
was clergyman Of the Catholic church
at the time Of Mr.. Dongherty' = decease,
in the absence OF Rev. George Kelley,
his pastor, was called upon to attend
the bedside Of Mr.. Dougherty; it was or
the 22nd OF March. | went there be-
tween three and four o'clock in the af.
ternoon. remained there about twelve
or fifteen minutes; found him in a pro.
found sleep. When came In he was
aroused; don't know whether aroused
him or whether it was his son George;
! could not tell for certain whether hs
was sleeping or not.
He spoke some words that gave me
satisfaction; at other times he would
mutter something that would cause me
to doubt he was rational | went there
to give him the aids OF the church; ask.
ed him whether he knew me; he nod
ded his head "no." Think Mr.. George
Dongherty went to him and reused him:
he told him that | was there. asked
him about ten questions, got salts
factory answers to some. gave him
the rites Of the church; gave them to
him upon the benefit Of doubt, that is
when there is no verbal evidence the
gives him the benefit of doubt
as to the worthiness of the recipient
spiritually.
didn't think he would live long
sometimes, and then again | would
have favorable evidences that would
cause me to doubt. had no extended
conversation. The rites OF the church
are the administration of the sacrament
with prayer. He repeated with me part
OF "our Father" considered Mr..
Dougherty to be IN drticulo mdrtis; that
Is death must Immediately follow. |
did say to George Dougherty ''if you
have any business to be- transacted re-
sarding will ii had better be attended
10.
Elizabeth skelly, sworn: am a wild.
ow OF Samuel Dougherty, son of Mr..
Dougherty. REMARKED. Irhere we're
seven children Of Mr.. Dougherty's:-
William, Mary Ann, John, George,
Jane, Catharne and Samuel who is now
lead. Sometime before he died went
% see him. He didn't know who
vas. Some one present asked him
why don't you know Elizabeth, Sans
He answered "who's Saml"
After short time he became rational
md recognized me. At times he was
'ery forgetful; didn't think at that
lme he was fit to make a will. In his
'lay with great grand child who was
PRESENT there was every evidence of a
'eak mind.
He thought great deal of his chill.
'icn; SO much so that when they we're
II present he was so glad that tears
'ould roll down his cheeks. The treat
lent that GEORGE the propounder of
he will gave him made me thi TX that
y Georgel was boss. 1t seemed to me
nat Georgs took al, the business in
is own hands.
Question-What makes you think
lat?
Answer--lt was his want of respect.
One of the boys left home some nine
ears ago. He was greatly affected
nd made the assertion that "they (the
lildren) wanted him to make a will,
ut he wouldn't as one child was as
ear to him as another"
Annie McCullum, sworn: | saw de-
'ased on Palm Sunday before he died;
recognized me aud spoke. after
ards visited him in his illness; found
I'M very sick and wondering in his
ind. When | was Leaving the room
: asked me ''if had been hunting
bbits."
Mr.. Lore--Did you not, when that
lestion was asked, understand him to
can were there any more children
MIR. Whiteley, hsstily interrupting-
ne did, considering the mans age, it
,uld be sure evidence of insanity.
MIR. Lore pressing the question, the
y answer he received is that she
dn't know what he meant.
Mr.. George Townsend, real estate
ent in Wilmington, testified that Mr..
'orge Dougherty had given him in
'uctioh to dispose of the farm at 800
acre. He did not dispose of it as he
dersto0d that the will was being con-
'ted.
The attacking evidence being cl
;. Lore called Mr.. Fraim to the st
;. Fraim is now being examined. and.