Daily Republican., 1878-11-30
SUR COUNTY COURT.
Railroad Cass ken-SuitSa-A Yer.
Aict against Usury-As Interest
1n9 VIII Caae.

Nlce against Usury-An InteFehl
inx VIII Csse.
Correspondence Of the REPUBLICAN.
!. New CASTLE, Nov. 29th. 1878.
Shortly after the argument in th
case of Nalor VS.. Daniel had close
and the jury had retired, the issue q
Hannum against tho Western railroa
for damages was called, and the oonr
receiving no answer, the case was non
saited.
| About 2.45 the jury in the suit 0
Eailor VS.. Daniel, returned with YER
dict In favor Of the plaintiff ON al
issues.
Anthony Higgins, ESQ. ;, presented Ii
application Of 8. W. McCaulley for ad
mission to this bar. Messrs. Bat~s
Nields and Patterson we're appointed ,
committee to examine til. applicant.
Mary A. Hall, Jane Dougherty ant
others VI. George Dougherty's execu
tors was the next suit 10 come up. i
was decided will case. ......
George Dougherty lived in Brandy
wine In 1877, signed paper purport
ing to be his last will aud testament. II,
died on the 9Th Of April following; aftel
his death the executors brought tho
paper to New Castle and had it prov
ed. After it had been proved some
parties objected and they had a kear
ing. An order was stablishrd. From
that an appeal was AIKEN TO this court
and the court at last term ordered al
issue OF fact, which issue is before the
attention Of the court at present.
In trying this issue Mr.. Robert Fraim
was the first witness. He was Regis
trar Of wills at tn. time Of Mr.. Dough
.rty's death, and recognized the paper
as being the will whiah he had drawn
up for the deceased.
William McDermott was called and
recognized signature upon the paper
as being his, appended there rs a wit
ness.
The will being thus proven it was at
tackled by the plaintiffs counsel, Mr..
Whiteley. lie IN his remarks said
that George Dougherty had worked at
DuPont's works and had managet to
secure little farm and went 10 farm.
ing.
II. lived to the r.narkahl. age Of
ninety years. He had seven children
"and you will find" said Mr. Whiteley
addressing the jury, that be cut off
six Of the seven children with fifty
dollars, and gave the property to his
wife, which, after her death was to b-
left To George Dougherty the propoun-
der Of the wiil.'
eve claim lie continued, "that
when nan lives TO the age Of NINETY
years on good terms with all his chill
dren around him, that there is some
thing suspicious when in executing a
will he gives all To one and eats of the
others with nothing
The Counsel then went TO saow that
the deceased was affected mentally
when he appended his mark to the will,
and as ptoof called up DR.. William Cal
Yer who was the attending physician.
He stated that hs called at the house of
Mr.. Doughsrty shortly after he was
stricken with paralysis and found him
so low that he thought it USELESS to
prescribe for him, too low in fact TO
make a physical ex-rtion and wholly
to make will.
Upon cross-examinatios he stated
that he had only been in the room but
a few minutes that he did say to Geo,
Jr., that Il would give him
a little medicine that would loosen his
tongue, and might cause him to talk !"
that he did say, "if he revivss, if yos
have anything to do you had better
have it attended to - that on his acc
on1 visit, the day after, he found him
much improved and able to articulate.
DR.. Joseph II. Chandler, sworn -
Knew the deceased have attended the
family; live in Csntrrville saw him
the evening before his death, on tho
5:b of April ; on that visit Mrs. Dough-
erty told me that he was about SS years
old |, in my opinion, do not think
that he could have recovered in time,
IRON the hour at which h. was attend
I'd BY DR.. Calver, up to five o'clock, to
make will.
Cross s-eXamined A great deal de.
pends in case like that mentioned,
upon the physical stamina of a man; a
nan might recover conciousness and be
lole to transact business, but the case
$ very rare.
At 5.55 Court adjourned.
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