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

the kitchen be said, call them all in, |
want them to sign my will then Dou-
gal said to John, steady my hand so
| can make my mark; after be had
made his mark he said is it p!ain-can
it be seen then they signed as wit
nesses, and lie told Mitchell to take
the will, keep it and see that it is car
ried out.
On cross-examin2tion this witness
said that Mitchell did most of the talk
ing. Redirect he corrected himself
and said Dougal did the talking, but
again being interrogated by Mr.. jerks
he said Mitchell would write, then
read it to Dougal and ask him if it was
right, and Dougal would say yes. The
testimony of all the Protzmans, father,
mother and other children, did not
vary from Johns statement.
August Jackman was callen in some
time the following May to sign as
witness. The will was read to Mr..
Dougal, but he refused to let Jackman
sign as witness. In June he was
sent for again This time the will
was not read Mitchell just pressed
he paper against Douglas hand and
said, this is your will, and Dougal said
yes-yes and then Jackman signed
as witness.
Each of the Protzmans testified that
they had not tried to influence the old
man in making a will in their favor.
Mr.. Mitchell testified that he had
been the attorney and confidential ad-
wiser of Mr. Dougal for about 20 years.
That Mr.. Dougal told him one time he
would make him an heir. That he
used no fraud or persuation to get the
devise made by Mr.. Dougal to him.
That he had visited Mr.. Dougal al
most every week for the last year or
two of his life. That Dougal had
sent Protzman on Sabbath day for
him to come out and see if he could
not get permission from the trustees
of the Lutheran church in Summit
township to bury him there. That if
he was buried on the farm, people had
prejudices and might desecrate his
grave. That many of the settlers
were buried there and that in early
years he was instrumental in getting
that piece of ground set apart as
cemetery.
The Protzmans, Mr.. Jackson and
Mr. Mitchell, all testified they believed
Mr.. Dougal was of sound mind and
had capacity to make will on the
3lst of December, 1880.
The plaintiffs rested
| Mr hot hn do
fence would take the position that the
burden of proof was upon the plain
ti6s not only to show testamentary
capacity, but to show the absence of
fraud and undue influence. That
when the attorney and confidential
adviser draws a will and none of the
testator's kindred is present, and the
attorney who draws the will is devisee,
the good faith of the transaction must
be shown
Tie Court took different view of
the case
The defence showed by Col. Thomp-
son and Judge McCandless that they
had been employed by Mr.. Mitchell
in this case on the day of Mr.. Dou-
gals funeral.
Mr.. A. p. Wilson said he saw his
grand uncle in 1871 for the first time,
and visited him frequently after that.
He was on intimate terms with the
old gentleman. A photograph of Mr..
Dougal and Mr.. Wilson was produced
and offered in evidence.
Mr.. Wilson wanted Mr.. Dougal to
dispose of his property to his poor re-
lations and come to Huntingdon and
live with them
The old man said he wanted to
stay in Butler because the people in
Huntingdon would all be strangers to
him.
He said that he got word from a
friend in Butler OF Mr. Douglas death,
and he and his brother came on i'm
mediately.-That he called on Mr..
Mitchell and found the old man was
to be buried the next day after his
death He inquired why this indecent
haste Mr.. Mitchell replied that the
Protzmans had trouble enough with
him and wanted it over as soon as
possible. That he went out to Protz-
mans on the day of the funeral and
met Mrs Protzman at the door, and
about the first thing she said was
deed, deed, indeed Mr. Wilson, we
did not try to influence the old man
in making his will That he had not
accused her Of undue influence. That |
he did not know even that their was
will when Mrs. Protzman said this
and when Mr.. Mitchell employed |
counsel.
James Dunlap and a number of wit
nesses were called who testified to the
condition of Mr.. Douglas mind,
and they were of opinion he was not |
in condition to make will
Mrs. Sykes testified the old man
had paralytic stroke in 1874, and
that his mind was in bad condition
thereafter. That he had frequently |
said to her, "once man and twice a
child.n That he was a child again.
The deposition of Mrs. Judge Nc
Candless, of Pittsburgh, was read
She said Mr. Dougal, although man
of extraordinary mind, was easily i'm
posed upon from the fact that he was
entirely honest and upright and had
too much confidence in the honesty of
others.
The testimony of Doctors Reed,
Gallaher and Hengst, of Pittsburgh,
was also read. These gentlemen have
had long experience with cases of in
sanity They testified that a man lO2
or 103 years old, or thereabouts, blind
partially deaf, greatly enfeebled in
body, of externally filthy habits, for
getful, repeating the same thing over
and over again, would not be Of sul1i-
cient mind to make will
They were corroborated by Drs.
Newman and CoWden.