Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-05-06
LOCAL INTELLIGENCE.
THE HAYDEN ESTATE.


deceased, was further heard. The case is an
interesting one upon the question of revoca-
ton of wills, AS we'll as to the parties con-
cerned in the estate. Two wills are pre-
sented in Court. The first was executed
July IS, 1877 and by it the estate would be
distributed among some sixteen legatees. A
codicil to this viii is dated August 3, 1873,
which changes the instrument by leaving out
one of the previous legatees. The signature
to the original VIII was erased by drawing a
pen several times across and through it /; but
the signature to the codicil still re-
mains. On the Sth Of December, 1878,
another complete Will was drawn and signed
by Mr.. Hayden. and;sisned by three persons
as witnesses. In this viii the original sigma
ture Of the testator, as also those of the wit
neSses, are erased in the same manner as
above, and foot-note in the handwriting OF
the testator is added, in these words: II
hereby make this document null and void,
with the intention of revising and correcting
it at some convenient time.s (Sd.) c. G.
Hayden" There were no witnesses to this
new date, but the writing bears the impress
of having been dcne some time after the
previous writing, as he had somewhat recoy-
cred from the trembling condition Of his hand
which existed fran stroke of paralysis at
the time the will was first made. After
Mr.. Hayden's death this will, in this condi-
ton, and the preceding one as above de-
scribed, were found among his private ps pers.
1t is commended by those who support the
first will that he was not IN sound mental
condition when he made the subsequent one,
and that therefore the last instrument does
not revoke the first. Those representing the
heirs-at-law claim. first, that the will first
executed is not valid. because it was revoked
by the testator by his canceling the sigma
ture, and that that cancellation also effects
a cancellation. of the oodicil, leaving the
whole imperative, ard that this leaves the
estate the same as if no will had been ex-
ecuted. The hearing Of the case will be re-
sumed to-day. The value of the estate. as
borne upon the assessment roll, is about &c.
000 which is encountered to the extent of
about 81, 900 BY outstanding Gains. Grove l..
johnson ard c. l.. White appear in behalf of
the claimants under the former will, and A
2. Catlin and Freeman 4 Bates in behalf of
the heirs at-law Add G. Hinkson appears
for the Public Administrator
X. OF p. PIcNIC.-Ths Lodges of the
Knights of Pythias in Sacramento held their
annual picnic yesterday at Natoma Grove
Seven passenger cars full of excursionists
went mp to the Grove. The day was very
fine and the enjoyment of the guests was I'M
limited. Good management was manifest,
and the committees left nothing undone to
make the picnic ? success, which It was pro-
nouuced in every detail by the excursioni5ts.
There were many amusements provided, in
addition to dancing to the music Of full
brass and reed band. The prizes were won
as follows ArcherY-Ladies, 50 arrows 80
yards, Mrs. Rogers, score 109; gents. 80 ar
rows, 40 yards, James Wycklcff, 10. Base
ball match by Junior climbs, won by the Ori-
entails. Gents race, 200 yards, William E.
Williams. Boys 8 First race, 200 yards,
VIM. Swift: second race, John Mclaughlin:
third race, H. Winters. Boys race 10 to 70.
100 yards, Frank Lambert ditto, under 10
Harry Hawley; married ladies' race, 100
yards, Mrs. Il. Barry young ladies race.
under Is, Katie Buckley; girls race, 10 to
IA, 100 yards. Maggie Brannigsn /; girls race,
under 10, 100 YARDS. Eva Bovine: egg race,
for married ladies. Mr.. G.. II. joy: ditto,
single ladies, Emma Wilson fat mans race,
W. G. Hays; sack race. for men, Henry
Harrds boys ditto, Eddie Corners; gents
jumping, G. W. Graney, s feet inches
walking match, Fred Owen ladies' blind
fold race. Della Brown; rooster hunt by
men, Henry Hack, John Harris,
were entered-l1 boys and girls prize to
child Of Alex. McCay, aged years. Game
Of Mormon Bishop Cannon. This was
very amusing game, in which ladies threw
coored sticks AZ . dummy figure and scored
credits for hits. The prizes were won by
Mrs. Kate Donley, Of Folsom, and Mrs.
R1th Lyman, of Sacramento. The prize for
the best Waiting couple was awarded to
MIR. Rodgers and Mr. J. Cohen The ting Of
war between the Knights Of Pythias Lodges
was very interesting, and was won by the
Columbia team
THE INcEsr CASE. case of The
People vs.. r. Nobel. upon tie charge of
incest, came up yesterday for examination
before Judge Henry, City Attorney Ander-
son and District Attorney Buckley appearing
for The People and c. Z. Jones for the de-
PENDANT. y very large list of witnesses have
been summoned upon both sides. The Court
roo:a was densely packed with spectators, as
is usual in such cases, but these were com.
PEELED to yacate the room under an order TO
that effect granted by the Court Mr. Jones
asked that such an order be made in accord
ance with the statute, which requires the
presiding mag istrate to do so upon request Of
an attorney in the case. In addition to ex-
Guiding the audience generally, he also de.
sired the press representatives. to be put
Outside. and stated that he sdid
this in behalf Of the girl concerned in
the charge, although the girl herself and the
City and District Attorneys, as well az the
Court, desired u have them allowed to re-
main. The examination. was not finally
commenced, no testimony having been taken,
and the case, by reason OF the absent wit
nesses, was postponed until 10 o'clock this
morning Ia an interview yesterday with
both father and dau yhter, tae charges and
statements upon both sides are as heretofore
published in the RECORD. I MON. 1t is evident
that much strong testimony viii be produced
IN support OF the prosecution, while upon the
other hand a large array Of witnesses will be
presented by the defense tending to show that
the defendant Ii innocent, AMI that the charge
against him is a conspiracy on the part II
Young man VINO has been keeping company
with her against the urgent protests Of her
f1ther.
FIRE YESTERDAY NoRSINC.-The alarm
turned in between / aud o'clock Yesterday
morning was caused by the burning of the
dwelling and store Of =. j. Heunessy at
Twenty-fourth and X streets The property
was entirely consumed. The insurance upon
the building was 81 400. in the Imperial
london. Northern ADD Queen, Sweesser &
Alip seuts; upon the stock and fixtures in
the store. 81 coo, aad upon the furniture,
household effects and piano, 81, 600, in the
London and Lancashire Company # Liver
pool for which J. T, Carey is agent. The
cause Of tie fire has not been ascertained.
Police CoURT-In the Police Court yes.
terdsy John Morry. previously convicted of
petty larceny, was daed $40 End costs. Ed
ward O'Neil for battery. was fined ike
SUN. The cases Of William Davidson,
drul k, and Agnes Nj Ter, vagraas, were
continued until to-day. Case of Il. Nobe',
charged with incest, vas continued until to-
day. The witnesses for the prosecution were
recognized to appear at 10 o'clock this morn
ing. and those for the defense at P. II. The
Court vii meet at . O'Clock this morning t.
transscs The usual business prior Co taking up
the Nobel case.
FUNDS CouSTED.- count was yesterday
made by County Auditor Gerber and p. b.
Beckley, President of the Board of Super
visors, of the money now in the County
Treasurer's Office, aud found tue sun Of
$40, III 05-the amount called for bY the
Auditors books. OF tie amount SCI, 2S9 is
in gold and g, 4SS o. is silver.
HALE BROS. & Co. inauguyated the great
central table movement, and now the city is
ablsze at every corner with dry goods sales,
Al. - 4