The daily gazette., 1878-11-30
OUR COUNTY COURT.

RAILROAD CASE NoN-sUITED-A VERDICT
AGAINST UsURY--AN INTERESTING WILL
CASE.
NEW CASTLE, Nov. 29.-Shortly after
the argument In the case of Nailor VS..
Daniel had closed and the Jury retired
the issue of Hannum against the West
ern railroad for damages, was called, and
the court receiving no answer, the case
was non-suted.
About 2:45 the jury in the suit of ailor
vs. Daniel, returned with verdict in
favor OF the plaintiff on all issues.
Anthony Higgins, Esq, presented the
| application offs. w. McCaulley for ad-
mission to this bar. Messrs. Bates, Nields
\ and Patterson were appointed a commit
tee to canine the applicant
Mary A. Hall, Jane Dougherty and
| others VS.. George Dough-rty's executors
was the next suit to come up. 1t was a
will case.
George Dougherty lived in Brandy
wine in 1877 signed a paper purporting
| to be his last will and testament.
He died on the 9th of April following.
After his death the executors brought
| the paper to New Castle and had it prov
ed. After it had been proved some par
ties objected and'they had a hearing
An order was established. From that
an appeal was taken to this court and
the court at last term ordered an issue of
| fact which occupies the courts attention
at present In trying this issue Mr.. Rob-
ert Fraim was the first witness. He was
| Register of Wills at the time of Mr..
Doughertys death; and recognized the
paper as being the will which he had
| drawn up for the deceased.
William McDermott was called and
| recognized signature upon tue pa
per as being his, appended there as a
witness.
The will being thus proven, 1t was at
tackled by the plaintiffs counsel, Mr..
Wbitely. He in his remarks said that
George Dougherty had worked at Du
Points works and bad managed to secure
| a little farm, and went to farming.
He lived to the remarkable age OF
| ninety years. He had seven children,
3"and you will fiud," said Mr.. Whiteley,
| addressing the jury, "that he cut off six
of the seven children with fifty dollars,
and gave the property to his wife, which,
after her death, was to be left to George
Dougherty, the propounder of the will.
1--WE claim" he continued, "that when
| a man lives to the age of ninety years
| ON good terms with all his children
| around him, that there Ia something sus.
| picious. when, in executing will, he
gives all to one and cuts Off the Others
with nothing"
| The COUNSEL then went to show that
the deceased was affected mentally when
he appended his mark to the will, and
as proof called up DR.. William Calver,
who was the attending physician. He
stated that he called at the house of Mr.
Dougherty shortly after he was stricken
with paralysis, and found him so low
that he thought it useless to prescribe foI
him too low, in fact, to make physical
exertion, and wholly incapable to make
a will.
| Upon cross-examination he stated that
he had only been in the room but a few
minutes that he did say to George
Dougherty, Jr., that az would give him
a little medicine that would loosen his
| tongue and might cause him to talk >
and that he did say 'if he revives, if you
have anything to do you had better
have it attended to-" On his second
visit, the day after, he found him much
Improved aad able to articulate.
| DIR. Joseph III. Chandler, sworn knew
the deceased; have attended the family
live in Centreville and saw him on the
evening before his death, the 9th oi
| April on that visit Mrs. dougherty told
me that he was about 88 years of age
| in my opinion do not think that he could
have recovered in time, from the hour
at which he was attended by DR.. Calyer,
| up to five o'clock, to make will.
| Cross-examlned A great deal de-
pends, in a case like that mentioned, up
ON the physical stamina of a man; a
man might recover consciousness and
be able TO transact business, but the case
| is very are.
At 5:55 Court adjourned