The New York herald., 1879-12-13


tory which at the time he was engaged in writing
BUSINESS CAPACITY
In business matters there also were frequent indi-
cations of unsoundness or mind, and which had
been previous to the death of Mr.. Dorsey. cause OF
uneasness his part as to the effect of the same
on the management OF her property after his DEATH
Aud as illustration. and in proof of the reasonable
ness Of such anxiety reference made to the char
delcndsnt and especially to the SAID power OF at
torney of May 10. 1875. whereby without any sound
power to dispose of her
either by sale or mortgage without limit
as price, terms duration. and even so far was It
the evident intention that the power should extend
that in describing the act OF procuration the
property authorized TO be sold or mortgaged. 1t was
really nugatory also to the transfer OF her title
to her residence Beauvor and other property situ-
ated in Harrison county Miss. on February l9 ls!9
to defendant. without any security whatever for the
payment of any portion OF the price and TINS while
he held power Of attorney rendering him incompe-
tent to be purchaser of her property.
DEFENDANTS RALEFUL INFLUENCE
These pecuarties of the testatrix. characteYizing
an unsound mind, became the more apparent and
developed during defendants residence ut Beauvoir
from December, 1876. to her death. and unqueston-
ably were mainly caused by said defendant. During
this period her mind was absorbed IN an extreme
belief the righteousness OF the Confederate cause;
that its principles should still be contended for and
never yielded; thar so-called Confederate
ment do jure at least. still existed, and that
her country was confined to the States
posing it; and her mind labored under an
illusion rs to defendants unequalled suffertngs
and sacrifices both moral and pecuniary. and his
martyrtom in its defence. as well as regards his
imagined superhuman virtue patrlo tism and good
ness, and all those exceiences Of character which
would render a man the highest and noblest in
istence and that, instead of appreciation and ven
Grafton justly due him. her country, the confed.
eracy, had heaped upon him only ingratitude, and
to such degree had her mind become disordered
that some time previous to and al the time Of the
execution of her said alleged will and up to her
death, her reason as to her thoughts, sentiments.
feelings and actions in every regard wherein said
defendant his sentiments feelings and wishes were
in any, the least, manner involved, practically
dethroned and but the reflex of what 1t conceived to
be his wishes and DESIRES and insensible to ordinary
and natural feelings. rendering it morally and men,
tally impossible for her mind to exercise an un-
biassed judgment or perform reasonable act
wherein said defendant. his wishes and interests
pecuniary or otherwise were in her Imagination In
volved.
OTHER CAUSES or MENTAL DxRANeEa6ENr
Another cause injuriously during this time affect
ing her. both mentally aud physically, was disease
erroneously believed by her to be necessarily fatal
this. notwithstanding the positive assurance to
she had always reposed the utmost confidence, and
owing her continued belief in its exist
ence. and against his admonition. she persisted in
having performed surgical operation which orators
informed hastened her death. All which the
foregoing, we'll as many other facts to be ex-
were well known to her relations and friends arc
here set forth refutaton OF defendants said pre-
tence that not only was said testatrx Of sound dis
posing mind ut the time, before and after the
ton OF said will but that the fact thereof had never
been questioned
At other times defendant allows it to be given out
on his behalf and through the public press ''that
all statements and suggestions that he exercised .
particle of influence over Mrs. Dorsey to induce her
to make him her legatee born of greed and hate
tho filthy progeny Of the 0uyi fumes. and are
unqualdedly false malicious and contemplate" :"
merting that cher lustrous eyes should wake from
the lethargy Of the grave and pierce with their
scOrnful gances the foul who, under the guse
o
whereas your orators charge the contrary OF all
said defendants pretences and denial to be true.
and that defendant from short time after he be-
came guest at Beauvoir until Mrs. Dorsey's death
exercised undue influence her in all matters
ing her relations with her family and especially as
concerned the making of said alleged will. we'll
inducing her to execute the under the then existing
circumstances, exceptional power OF attorney. and
the subsequent transfer to him Of the title to her
homestead; that. perceiving her generous impulses
soundness of mind in the management Of
her property. snd when. excited to admiration
and unbounded esteem for those whom she consid-
cred prominently great, and to enthusiasm for
q cause in which she became enlisted. defendant.
through his acts, conversations and writings. took
advantage OF this her weakness. to impress her
mind with exaggerated thoughts and feelings regard
ing the late civil war, and himself its leader en-
bodimsnt and martyr. and himself having strong.
grasping. arbitrary. and. at times, domineerinR
than sottsned by his defeat. which created
really had suffered ingratitude from o people for
whose liberties he had risked all. and in written
Wb6
passing the remainder Of his days. he found it easy
to impress and force upon her Imagination, q
living to expend account and in behalf of himself
and friends beyond her revenue her estate intrust
him with an unlimited power over its management
and disposal; though embarrassed. yet without
money but for his simple notes OF hand surrender
to him the title to her homestead and most of its
contents that he might enjoy fuller legal dominion
ownership OF her property ut her death. and which
power and exercise Of undue influence were apparent
.1,avo
ors-of her family. and which influence said testa-
trix did not appear able to free herself from her
relations to induce the defendant to cease from.
All which the foregoing as well as many other facts
to be exhibited the hearing of this set
forth in refutation of defendants pretence that
said alleged will and the bequest therein to him
not written through any undue influence exer-
cised by him over the said teststrix
DAVIS GIVES OUT A RATIONAL CAUSE FOB THE BE-
QUKsT
At other times defendant allows it to be given out
on his behalf through the public press as rational
cause for the bequest of her whole estate to him. q
stranger to the exclusion OF her sister, brother
niece. that at the time of executing said WILL said
had for years resided in distant communities, them
selves in easy circumstances and certain of them to
osi;y; that none of them had Of late years.
nor. In fact. ut any time, any good reason
or right to expect to obtain her prop
and to those who and disn tercsted those
amply sufficient for ackno wledgnR no
made this disposition of it she would have s be-.
queathed 1t elsewhere than to her next of kim that
she had known and loved Mr.. Davis from her grlhood
with the affection OF q dsuRhter that the friend
ship existing between Mrs. Dorsey and the family
of Mr. Davis and her affection for the younger daugh-
ter, were sufficient to prompt the donation, which
could not have excited comment from those who
were cognizant OF the association"
THE HEIRs DENY CAUSE EITHER nA-
TToEAL on TRUE.
Whereas your orators expressly charge the con-
trary OF all these pretences to be rue and that the
relations OF the tesatrx to her sister, brothers and
niece were, until defendant arrived ut Beanvoir and
took up his residence there OF the most aectionae
character and continued with all of them with
exceptions hereinafter stated. to the time Of her
death. as will be made to appear by besides other
evidence. her correspondence with them.
The relations of Mrs. Dorsey with the other mem
bers of her family stated and 1t appears that her
sister, Mrs. Peckhsm armed with q letter from
young Mr.. Dahlgren endeavored to persuade Davis
to remove himself and his influence from Beauvoir.
but that he positively refused in harsh and severe
language, and Mrs. Dorsey took sides with him.
which brought about u separation between the sis
ters; but Mrs. Dorsey declared that. while her sis
ter had done her no harm. she could never forgive
her for her attack Mr. Davis. Her youngest half
brother. A. Mortimer Dahlgren, was Invited