Daily Republican., 1878-12-02
OUR COUNTY COURT.
The DOughersy Will Case = The
PiaintiHs' Witness upon the stand
Wms the Old GentIesnen NOn.COm.
pes Menlis,

| '"N r. VI '~'s ps'''l "''A'
to those published in Saturdays late
edition were as follows:
| Robert e. Fraim was the first rebut-
ting witness. He stated that when he
arrived at Dougherty's louise Il was
between 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 able to judge per
sonally OF his condition. When he went
up stairs he found the old man ly ing on
his bed In the second story. George
Dougberty, Jr., went up with Inc. /
! addressed him first; said to him
How do you do" and extended my
hand which he grasped in his own.
| then asked him if he knew
me; he said "yes;" | asked him, "who
am ?" he said, 'Mr. Fraim do you
think don't know you 7" asked him
If he had sent for me to make his will
he said yes" then said to him, II
have had your will prepared for some
time, and he answered, Eyes, know
that" it was bis right hand that was
para yzed; his left hand was not para.
lyzed, because he bore his weight on it
in raising himself in bed; | commenced
10 read tn. will TO him and asked him
If read loud enough, and he said
''yes, read on" lie suggested no alter
alton in the will; he gave an afhrma
tive answer to the questions asked,
him, nothing more; read each item TO
him, asking him at the end Of each, if
that was his will, and he answered
yes" | then asked him about the will
as whole, and he mad the same an
swer; then told him we would require
another witness, and the old man said:
''George, you will have to 90 out and
get somebody" and George suggested
young man about sixteen or seven
teen years Old, named Rrilley; lobject-
ed that he was too yoang, and George
said that he would get old Mr., Nc
Dermott to which tss"nted; we went
down stairs together aud George went
away and returned in about twenty min
| hN's WIN "'bflIiptl. Wv Nh'i
went up stairs and asked the old man
II 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 helped him up in bed and laid
this document on book so as TO be
convenient to sign, and asked as this
your last will and testament" he re-
piled yes" | asked ''ls it 10y your re-
quest that Mr.. McDermott and myself
become witnesses To itf' he said "yes;"
| then put the per in his hand and
guided his hand while he affixed his
mark; from my observation Of him at
the time and my previous acquain-
tance with him think he was Of sound
disposing mind aud memory.
The contending counsel had oonsid
derable discussion over the admis-
sibility Of the evidence OF James Ri.
ley which was taken before the Regis
trar of Wills. Riley had run of with
band of gypsies, and the evidence
was thought to be highly important.
Pending the consideration of the ques-
| llOu COuil tDth u TfCtss.
AFTERNOON SESSION.
Court rr.assembled at three o'clock.
judges Wootten and Houston on the
bench.
Judge Wootten then delivered the
opinion OF the court in relation to the
disputed point Of the admission of the
lads, s.Rileys 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 in the field with the
the old gentleman. Mr.. Dougherty was
sitting on a fallen tree. The witness
said To the deceased that "cOrn husk.
ing was harder than shoe making;"
Mr.. Doughorty replied that he didn't
want the witness 10 work; but only
wanted him to stay around the house"
Witness remarked that Georg. worked
hard; Mr.. Doughrrty replied, eyes; |
worked for him when he wasn't able
to work for himself, and he is working
for me; and if he mad anything toleave,
George would get the benefit of it,"
Heard John Hall, son-in-law of the de-
ceased say, "if the old man gave George
more than he did him he would sue
George" and heard the old man re-
ply "I'll stop all that" The witness
thought the old gentleman capable OF
making will.
Jehu Forwood sworn; had met
George Dougherty. ST., several times
before his death and found him Of sound
intellect, sound as ] am, If you call me
sound.
George Lutz was called but nothing
! new was adduced from his testimony.
Thomas Virgins, COL, sworn; |
worked on the farm of Mr.. Dougherty,
old Mr.. Dougherty husked corn and did
all such other kind of labor. He al
ways appeared to be boss, and gave me
orders. | left on Christmas before he
died.
The rebutting testimony here closed
and several witnesses were called by
Mr.. Whiteley to impeach Riley's cred
ibilitY as witness.
Mrs Elizabeth Murphy, sworn IL
have lived near Mr.. Dougherty's place;
knew James Riley he was very bad
boy, and had bad reputation.
Mrs. Rachel Hand, sworn II know
James Riley, and "know him rs the
most iaJ0rious liar under the heavens ~
his reputation is that Of very bad
mischief making boy.
John McDermott was then called by
Mr.. Lore. He testified that as far as
he knew the reputation of James Riley
was good.
The evidence closed, and upon an
understanding hetween the Court and
| III, cnuuSal IN hoth sides the arpl