Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-03-29

gel The w Wilsons are nephews and
neices of Gen. Andrew Porter Wilson,
late of Huntingdon Pa, who was a
man of note, and very intimate friend
of Col. Lowry. l.. T. Mitchell, ESQ.,,
had been for many years the attorney,
and confidential adviser of Mr.. Dougal
and as such had charge of his business.
In 1874 Mr.. Dougal became blind. At
that time he was owner of one hundred
acres or land in Summit township and
two lots in the borough of Butler In
1878 he found a home on his farm
with William and Catharine Protzman,
who had been his tenants for abont 20
years. Soon afterwards he made a
deed to them for one-half of his farm
in consideration of their taking care of
him and decently burying him at his
decease In 1879 he made them a
deed for the remainder of the farm as
additional consideration for the same
purpose. On the 3lst day of Decem-
ber, 1880, Mr. Mitchell drew the
last will and testament of Mr..
Dougal, in which he devised
his town lots to Mr.. Mitchell,
the Protzmans, VIM Dougal and
James Dougal, one fourth each. That
will was witnessed on that day by the
four children of the Protzmans, John,
William, Maggie and Mary Then
about six months afterwards it was
witnessed by q neighbor, August Jeck-
man. The devise to Mr.. Mitchell was
to be in full for all the services render
ed by him to the decendent The de-
wise to the Protzmans was in consider
alton of or an additional pay for the
care rendered by them. When the
will was presented to the Register for
probate the Messrs Wilson's objected
to it on the ground that the testator
had not sufficient mind and memory to
make will and that influence and
fraud had been used in procuring him
to make such a will The Register,
after hearing the testimony of the SUBJ
scribing witnesses, refused to admit
the will to probate, and certified the
present issue to the Court for trial
Mr. Mitchell being related to both
our Judges by marriage they could
not try the case. They so certified,
and called upon Hon. A. McDermitt,
President Judge of Mercer county, to
try it.
Hon. Geo. A jerks, of Brookville,
Jefferson county, was present and, with
local counsel, represented the defense.
Mr. jerks was comparatively stranger
personally to our people, vet his repu-
tation as an upright and able lawyer
and statesman has reached every town
and hamlet in the country. His polite
ness and his strict observance of the
rules of professional courtesy won the
respect of every one.
The case came on trial on Tuesday
the 21st. The Protzman boys and
girls, who are witnesses to the will,
were first called. Mr.. jerks moved
the Court for an order removing the
young Protzmans from the Court
room and let each one be called and
testify with the others absent Upon
one of the defendants filing an affidavit
that he had reason to believe there was
collusion and signs between these wit
nessess which he had observed at the
hearing before Register Gallaher, the
motion was granted and the witnesses
retired to one of the jury rooms and
were called one by one and testified.
John Protzman said: A short time
before the will was made Mr.. Dougal
requested him to come to Butler and
tell Mitchell to come out and bring his
papers and some writing paper; that
on the 3lst of Dec, 1880, his father
came to town and brought Mr.. Mitch
ell out in sled that it was after din
ner, and that after Mr. Mitchell got
something to eat (and by the way Mr..
Mitchell was never known to refuse }
he went into the room, and it was
made known to Mr. Dougal that Mitch
ell was there. He said, "Mr. Mitchell,
did you bring my papers and some
writing paper" Mitchell said he had.
Dougal said, give me the papers.
Mitchell gave him the papers Dougal
then moved up to the fire and threw
two deeds and former will into the
fire he asked if they were burning
somebody said they were he then
said, now, Mr. Mitchell, l want you to
write me out another will: Mitchell
says, how do you want it made: Dou-
gal said, l want to divide my town
property into four shares, one for
Protzmsns. one for James Dougal, one
for VIM. Dougal and one for you, Mr..
Mitchell Mr.. Mitchell says, thank you,
Mr.. Dougal, you are very kind; that
Mitchell wrote as Dougal told him, and
when it was done, read it over, and
Dougal said it was right-just as he
wanted it then Donoal asked if thf