The daily gazette., 1878-12-03
OUR COUNTY COURT.


totday are as follows i
Judge Wootten's charge In the Dough-
erty VIII case, closed as follows:
:, Every man of full age has right to
dispose Of his property by will unless il
can De shown that he is insane, non COM
pos mentts, of unsound mind, or that he
has not, az 1t 1t called, a sound, disposing
mlnd aud memory. A sound mind is one
wholly free from delu,ion, with all the
faculties existing In certain degree, the
propensities and affections being under
the control of the operation of the will
with just perception off the natural con-
nectlon ana sequence of ideas Weak
minds again only differ from strorg ones
in the extent and power of their faculties;
aud proof of their capacity is usually
tested by the fact that the individual
talks and discourses nationally and SEN
sibly and that he is fully capable of any
act requ ring thought, judgment and re-
Election.
How far weakness of mind NAV exist
without affecting a mans testarnentary
capacity may be defined in few words.
He must have judgment, thought and rc-
ftection sufficient to know what he is
doing and how he is disposng of his pro-
pcrty and his purpose in so doing;aud this
must be aJ the time when the will is exc
apply this test of capaciy v to the case you
are about to have in charge. Had or ha |
not George Dougherty when he signed
the paper purporting to be his last will
ana testament such capacity? If he had, j,
he was cofnDetent to make his will, if he
had not he was not competent.
Now we come to the only remaining
question for you: Was there or not such
undue influences used over George
Dougherty as he was too weak or una ble
to resist-such as to deprive him of his
very will ana agency? If YOU are salts
fled that the will was made under such
undue influences contrary to the wishes,
intentions aud preferences of the testa-
tor IL will be sufficient to vitiate it; but
neither advice, argument, nor persuasion
would be sufficient to vltate a will made
under conviction OF Fight, though it
might not have been made but for such
advice or persuasion. Their solicitation
will not be sufficient to vitiate a Will if
the testator had a knowledge OF what he
was doing But II, from age OF imbe ill
ty, the testator was induced to make a
will contrary 20 his intentions and against
his own wishes through undue Influence
II would invalldate the will. On this
point-the age and the bod, ly aud mental
condition of the testator, his condition
and preferences, and the correspondence
or contradictions of the Will as to these
facts, the making of the will, che persons
around him at the time, ami their capacl-
ty and credibility-Are all facts 10 be
considered by you.
In considering the evidence if you find
IL conflicting, you must reconcile and har-
moniZe 1t SO as to give effect to it all il
you can, or if you must give credit TO that
portion which you bel eve most entitled
TO credit, and reject that you believe to
be least entitled TO credit. lu judging OF
the crediblity of the evidence you should
consider the character and intelligence
of the witness, the consistency OF their
testimony, the manner in which it was
delivered, their opportunities for obser-
vation and their means of kno wledge.
Gentlemen, in giving you the law ap-
plicable to this ca,e, AMI which is neces-
sary for you to have to enable you 70 ar
r,vs at proper and just conclusion.
have quoted largely from the opinions
and language of our rdistinguishedju jurists,
who in days gone by sat upon tnis bench
and ssme of whom 1 had the pleasure Of
knowing personally. They have passed
away, aud too ere long shall go, ana 1
trust to meet them In better land
Gentlemen, take the case and jretire to
your chambers and give it your best con-
sideration and return to the bar of this
Court such verdict as will have the ap-
proyal of your consciences when you also
shall have passed away to higher tribu-
nal.
The jury retired and Court took a re-
cess.
AFTERNOON SESSION.
Court re-assembled at three O'clock.
Samuel w. McCaulley, on his own ap-
pllcation, after thorough examination,
was admitted to practice in this Court.
The fines that were imposed upon the
absent juror, on Saturday 10y the Court
were remitted, as the Court understood
that their absence was caused through a
misunderstanding.
Their being no business the general
Jury was discharge d until 10 o'clock to-
morrow morning
The application for rule to set aside
the sale of the property of Anthony
Reybold, near |. elaware City, was admit
ted by the Court. aud tue testimony up
on the rule was taken. Bates for the
rule, Grey against it.
THE farm had been sold to George +.
Brady on the 18th of November for ST.
500. Because of mad equacy of price and
other reasons the rule i, asked for.
William NJ. Stuckert states that in his
op' niou the farm was worth $4,000 or
$4,000 for farming purposes. The
houses were of the very best. He thought
it would take S25 900 or $4,000 to erect
the buildings. There are about 200 acres
of upland worth over 500 an acre. In
the whole farm there are 236 acres one
rood and one perch.
Syriac Shallcross, Thomas Bird, Bar
ney Reybold, Theodore f. Clark, Thom-
as j. Craven, James Henry, Levi B.
Clark, Geo. u. Tybout, Anthony Nj. Hig-
gins and William Beck also testified as
above, all giving evidence that the farm
was worth S30,0OO
John H. Rodney, Esq, counsel for the
Sheriff. stated that the Sheriff had gwen
two intcrmissions, 30 as TO give an due
deli b .ration before the last bid had been
taken.
The evidence closed and the Court Or
dered the sale 10 be set aside, on the
ground that the price received was not
half the value of the farm.
At four O'Clock the ballih having In
charge the Dougberty jury came IN
Court stating that they could not agree.
The Court sent word back that nothing
could bs done for them, they would nave
The parties IN the Jones assault case
will be arraigned tomorrow Ihe desire
of theCourt to bava them ARA gned tnis
afternoon but the Attorney-Geueral be-
ing absent it was deferred upon that rea-
Mr.. Cummins counsel for John ii.
prhar,e in the case of John ii, Roberts