Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-17

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CURIOUS SORT OF WILL.
Trial Of the Hoppe Case at Hagcrs-
tOwn-Progress Of the Case.
Correspondence Baltimore American.
HAGERsTOwN. June 14.-The Hoppe will case
now on trial here, and which is attracting con-
siderable attention throughout the state, has
some very interesting points connected with it.
j. Henry Hoppe, over whose earthly effects the
fight is being made, was a wealthy citizen of
Westminster, Carroll county, this state. He
was farmer, justice Of the peace, land sur
veyor and scrivener. In his life time
he accumulated, by dint of natural
shrewdness and economy, consider
able fortune of this worlds goods, and died
leaving an estate valued at 100000 Mr.
Hoppe took to rear, whilst in her girlhOod, Ann
Eliza Geaty. He took q great fancy to Ann
Elizs, and In time she took charge Of the OLD
gentleman's domestic affairs, having all Of his
housekeeping details under her management
At the time Of his death he had only one chtld
living, Isadore Hoppe son, who, report says,
he was exceedingly anxious should wed Eliza
Ann. But, as usual, Cupid was waywaad and
declined to fly into the proper direction, and
tAc olu Sentictuou Hep6S were QeIcatcQ Oy lSar
dore marrying another, and Eliza Ann giving
her heart and hand to John G. Byers, q citizen
Of Adams county, Pa, where and with her hus-
band. she now lives. Old Mr.. Hoppe died last
September. and contrary to the expectations
caused by his well-known habits, left no will, as
was then believed, or any other token of his
wishes as to the disposition Of his property or
any part thereof. No one appeared more dis
appointed at this than Mrs. Byers, and her sur
prise was shared by some of her neighbors, Who
n ryinSp nlnkS tAh 81
herself and the supposed interstate, thought it
no more than natural that he should leave her
some token Of his regard.
CURIOUS SORT OF WILL
No will or other testamentary document being
discovered, letters Of administration were
granted by the orphans court for Carroll county
upon his estate as an intestate. In the mean
time, Ann Eliza, or "Ann," as she was generally
called by all who knew her, had mentioned to
some of her friends her disappointment and her
sense Of injustice at the omission on Mr. Hopes
part, and also mentioned the fact that Mr.
Hoppe had written her letter before she was
married, and while she was away on visit, and
that II she could find that letter she thought she
could get something. Time passed on, and ad-
ministration was begun, when. 10 and behold
some nine months after the old mans death, the
heirs-at-law were surprised to hear that Ann
had found her letter. There was great curiosity
in and about Westminster to hear what was In
the letter, and also to see it. Curiosity was
speedily gratifed by the filing in the orphans
court and the admission to probate as the
will OF John Henry Hoppe Of the following doc
ument:
Gam. don't worry yourself about this matter,
as yon see you are cut of on every side by
your father and mother; but you have been
faithful daughter to me and have Obeyed me.
and you have seen great deal OF trouble. Don't
worry yourself, but take things easy and do the
best you can for the present. 1 have prospered,
and accumulated great deal Of money together,
and intend to do what 1 please with it. And,
Ann, after my death you are to have $40, 900;
this you are to have, will or no will. Take care
OF this letter until my death: Ann, keep this to
yourself J. HENRY HOPPE"
This was written On the back Of letter from
Mr., Hoppe to Ann, and at the bottom page on
corner, were the words turn over" and, obey
ing these directions, there appeared what pur-
ported to be the letter of Mr.. Hoppe giving
$40. 600 to Ann, or Mrs. Beyers. This letter was
admitted to probate, and from the first they
expressed surprise at what they called the
singularity of the writing if it came from Mr..
Hopes hand--one of them going so far as to
express the opinion that if the old gentleman
had written it, he must certainly have been
crazy" This feeling of uncertainty finally CEN
tered into caveat by the heirs and admins
traitors Of Mr.. Hoppe, filed to the alleged will on
the ground set forth in the caveat that 1.-THE
paper purpOrting to be his last will-was not so
Messrs. Charles B. Roberts and Col. Charles
Marshall, and the answer thereto by VIM. P.
Maulsby and Hon. John e. Smith.
THE TRIAL OF THE CASE.
The case was removed to this county from
Carroll on motion OF the caveatees, and is now
on trial in the circuit court before Washington
county jury, with Judges R.H. Alvey, William
Motter and George A. Pearre on the bench The
case has been in progress tor three weeks and
is likely to continue some time yet, the counsel
appearing on both sides being some of the most
eminent in the state, who are fighting stub
bOrnly every point in the case. The caveatOrs
are represented by Hon. Charles Roberts, Hon.
A. X. Syster and Col. Charles Marshall; the cav
eatees by Hon. VIM. P. Maulsby, Hon. John E.
Smith, Lewis E. McComas and Alex. NeiII.
esqs.
When the case was called, some three weeks
ago, and after q jury had been empanelled, the
first skirmish between counsel occurred as to
who should open the case. The court decided
that the Onus OF proof was on the party assert
ing the forgery; but the caveatees must pro-
duce the paper and prove the writing; then the
cayeatOrs would attack it, and then the cavea-
tees would produce their evidence to sustain 1t
as genuine, after which the caveators would
produce their evidence in rebuttal, and close
also Photographic copies of the same The gen.
uineness Of the business portion of the letter is
conceded; but the case hinges on the writ
ing on the back part of the letter, which
the caveatOrs claim is a forgery In
substantiatiOn of this theory great
many witnesses-all of whom claimed to be ia
niliar with Hopes writing-have been exam
ined, their testimony being in support of the
forgery claim Several experts in writing have
testified to discrepancy in the writing on the
back of the admitted letter. which is claimed to
be forged. This line of testimony has occupied
the attention Of the court up to the present
time; but it will probably be concluded to-day.
when the caveatees will produce their testimony
In support Of the genuineness of the paper adj
mitted to probate as the will of John Henry
Hoppe. Yesterday, during the examination of
the witnesses for the caveatOrs, the question
arose as to the admissibility of the declaration
of Hoppe In regard to his intentions towards
Mrs Byers. Exhaustive arguments followed
between Messrs. Smith, Neill and McComas in
favor of the admissibility of the testimony and
Messrs Roberts and Marshall against. Finally
the court ruled the testimony admissible Judge
Pearre, however. dissenting.
MRS. BYERs,
who Is In attendance daily at the court, is a
matrOnly looking woman, of reserved and re-