The Morning herald., 1878-12-03


manner, from verbal Instructions. and lust
here would remark that Martin w, Bates.
while pEactfcing law down n Kent county.
once said of . certain Smyrna scriyenerr
that 1t WAS an uncertain thing for him DO
hear Of man owning farm, for he could
get hold Of It, sell 1t and pocket the pro-
ceeds before you knew 1t: am afraid Mr.,
Fralm Is little that way. The delav on
the part Of Dougherty, Jr., for IS months.
the will being in Mr.. Fraim's hands sll the
time, has never been fully explained. And
the old man Of nearly fourscore years and
ten, when they came to him on that day
had gradually grown dead enough for them
70 ACT; 80 desd was he that, a. remarked
wnen the case Was commenced, he did not
know whether It was Mr.. Fraim reading the
wiil or Mr. Hoekeppel shriveing him,
Mr. Fraim.s testimony plainly shows that
NO dld not take care enough even In writing
tne VIII, and when he went there and said
tnat ne wanted to test the old mans capa-
CITY IT plainly shows that he had suspi-
cien 90 TO the sonndness Of his mind. And
II ne wanted to test his capacity he took o
queer way Of doing 1t for he only stsid in
the room 20 minutes from first to last.
now crazy man can sometimes el0ds
person as to his capacity, and It often
taxes some time for person to learn the
sanity Of lunstics. A lapse of ten years
must have made Mr.. Dougherty quite q stra-
ger to Mr.. Fraim. Why did George on
the occasion of the signing Of tho viii want
George Riley to be one Of the Witnesses
when Mr.. Forwood and many other reput-
able men were close neighborse
Col. Whiteley then alluded to- the will In
criticising way. He said the ink was of
the same color In which the document was
written as was the signature Of Dougherty,
Sr., which proved that tho name was writ
ten on the day the will was. Why did Mr..
Fraim write the old mans name when he
knew he was capable himself of reading
and writing. The will had number Of
errors, among which was the data-March
23, instead of 22-and the term devisement
used In speaking Of personal property,
when enly real estate is " devised, }" proper
ly speaking. ... .I,-' .'Js..5
f. The testimony, ss ELECTED, was then re-.
viewed, the speaker dwelling minutely upon
the testimony of DR.. Calver and Mrs
Shelley, the latter of whom he said clearly
and cOnclusively settled the case. In allud-
ing to Mr.. Townsend's testimony, Colonel
Whitley said that it showed that George
had no confidence in the will or he wsuld
not have tried to sell it 80 soon after the
will had gone into the Recorders hands.
He closed BY quoting from Swinbourne to
the effect that testator must have mind
to discern and have o perfect memory, and
his simply saying ''yea" will not settle the
case.
Mr.. Lore then commenced his closing.
He first toek up Col. Whiteley's allusion
to the evidence of Mr.. Townsend, saying
that the farm had been put into his hands
for sale before the action had been CONS
menced against the will. he denied the
charge made, that the delay In the execu-
tion of the will was caused for purpose,
and said that the will was not gone after
until Rev P. w. Hochkeppel had advised
George to do so. ."+
1t was not an unreasonable will, az
charged by the opposing side. and we claim
that it is perfectly natural for q father to
act so. All the children had left, married
and settled down in life, for from IL to 23
years, except George. who staid at home
and worked hard for the old folks. He
changed the farm from q worked down
tract Of land, which it was when Mr..
Doughsrty bought 1t, according to Jehu
Forwood, to valuable farm worth, accord
ing to the assessment list, $500.
1t ts claimed that the old man either
made his will against his wishes or else he
did not make it at all. Now this might be
| tenable for q moment, had he never ex-
pressed himself on the subject, but this he
had done, and witnesses have testified to
| that effect. He had told Robert Burgie
what he intended doing. He said, "Gsorge
has stuck to me all the time, while the
others have left me, and all that have
will give to George and to the old woman"
This expression at once throws aside the
thought that It is other than just. natural
and reasonable will. Burgie has also testi-
| fed that he heard Hall, the husband of one
Of Dougherty's daughters say that II ''he
gave George any more than the rest, he would
sue him )" and we 1nd Mary Jane Halls
name head the list of appellants.
The testimony has all been given in, and
from that you are to form your verdict.
Mr.. Lore then went on to review at con,
siderable length the testimony of the diff
ferent witnesses. The testimony OF DR..
Calver was first taken up and received a
rigid criticism. The counsel on the opposite
side had said that Mr.. Fraim, being in the
sick-room only twenty minutes, did not
have time to judge the mental capacity OF
the deceased, while DR.. Calver was enly
present i've minutes, he said also that the
old man was nearly dead, he expected him
to die in two hours, yet according to his
testimony, and that Of others, he rapidly
grew better, and lived for 10 or Is days.
Pardon me, gentlemen, II in speaking OF
this judge Of dying man, compare him
to the physician who attended girl for
cancer in the stomach, and when It burst
it was bouncing boy of Is lbs. After going
over the testimony of the witnesses on
both sides, Mr.. Lore closed and Judge
Wootten charged the jury.
In delivering the charge the Judge COM
menced by saying that George Dougherty
Jr., was the purpoundsr OF the will, and
Mary Jane Hall, Jane Dougherty and the
rest of the children are the ones trying to
break IT.. They contend that he was an old
man in feeble condition, paralized and
very low, and not of sound mind and
memory, and that he was induced to make
tha will by undue iYf1nanca ha being too