Daily Kennebec journal., 1882-01-19

1
IRON the Bangor whie.l
MAcHIAs, Jan. IA. 1872
ny last letter, sketchine the case ~ L.,
T'er and wife. appellants, from aec,ss J.
y1oee OF Probate disailowine viii NJ Io...;.
~. foster, deaf mute, seems n cali g.. .
:uPPiement, giving its close; and IN. ..,n,,,
;,, ;n.olveo, some $1,000. the novelty an
x1rpoltance, ~ p ~ well - the great local insere.
VI 'ne case require fuller statement.
THE TRIAL.
Inc flai occupied six days, of which N.
opening statements of John F. Ivnch :,
mMacnias, for the will. and C. 2. Round. u
NJ GTAs' against It, occupied some six hor,.
| rne closing argument Of A. McNichoI q,
Is' against the will, and Herbert M
ooe. n oi augusta, in support OF the will
occupied some five hours each.
The charge Of Judge Peter, vas .ho,, .,
hour in length 'o"' %
Hon. John C. Talbot of Es, M..h;..
| originally of counsel before the Proh.,.
| Court, being necessarily q vitnes, in a.
| case. could not under . recent rule of Cor.,
take an active part in the trial, ,and Mr.. Round,
Vas caiied 70 make the opening statemen,
whicn, IN spite Of the short notice for pren.r.'
tion, was clear and able.
The PRorERrY.
Some three years since, Clarris.a p ro.
ter' WIDOW and legatee of Hon. Stephen G
roster OF Pembroke, died, leaving an estate
o! nearly $4,000 in bonds, shipping. etc
oisposeo of by her will in 1877, dividing !,
equally among six persons, her sister Sus.n
Marsh, and her five brothers, Alfred Samuel
e. iioratio N, "a deaf mute), Andrew. and
Jacob In the meantime Mrs. Marsh had
aled; her son, Samuel w., had received By
the terms of the WILL his mothers share. and
successfully objected to the EXECUTOR paving
over to HoratiO N, (the deaf mutel. his
snare. On account of this action of Marsb.
Jacob and Andrew procured the appointment,
OF guardian for Horatio themselves signing
petition to the Probate Court declaring him
incompetent to manage his estate. II an
peared in evidence that it was the oral wish
OF Clarissa and two of her brothers. that
Horatio's share should 60 directly to him. and
that he and his brothe. Jacob, with whom he
had lived for thirty years. should enjoy it, and
that after Horatio's death it should 20 TO
Jacob.
When Horstlo found that the other lee.tee,
had received their shares from Mr.. Hobart.
the Executor. and that his was withheld to be
divided after his death, he was very indie-
nant, and was only appeased by Jacobs put.
ting some of his own bonds into an enveiope
with his (HoratiO's) name upon it, and his
being made to believe the bonds were q part
of his share.
THE DEAF MUTE.
Heratio N. Foster, the testator in this case.
was deaf mute, who could neither read.
write, Except his own name), nor use the
deaf and dumb alphabet. He had. however,
learned to recognize the written names of all
the members of the family When the will
was made, March 3, 1880, eleven davs before
his death, he was seventy-six years old. and
for three months had been suffering from
paralysis of the right arm and leg
He was not a cOngenital deaf mute. but
lost his hearing when three years old, and in
consequence of that, the most of what little
speech he had acquired. He belonged to an
intellectual family. and was akin to the lead.
ing families of what one of the counsel
called 'the ancient and aristocratic town OF
East Machias." He was a man Of fine
physique. six feet tall, with head indicative
Of intellect.
METHOD OF COMMUNICATION.
Ideas were communicated to him by panto.
mime and words. BY long practice he had
learned to read many words upon the lips, by
watching intently the lips and face of the
party talking to him. In response he used
initiative signs, and partially pronounced a
few words. Most his language was panto-
mimic. For instance, "a week" the motion
of prayer, Zone Sunday or praying day;) ga
year, the imitation of reaping; 'wife" the arm
in position tobe taken by a W oman and kiss
''money," the circular shape of dollar on
the palm to distinguish silver money he
touches his white cuff. collar or shirt. One
witness, Warren Huntly. good imitator, re-
lieved the seriousness of the trial, and ex-
cited the risibles of all by his reproduction
-, Of IL
such as a bear, fox, pig, etc. His fox was a
veritable Reynard, ears, nose and long bhshy
tail.
HIS MENTAL Powers.
His skill in farming,to plan and work, was
| far above the average. In mechanical work
he was q genius. Carpentry, gun work,
cobbling mason work, lock work, black
smithing, turning, coopering, wagon work,
repairing clocks, manufacturing churns. tubs,
| sleds, etc, in all these his skill was wonder
| full. In invention. many of his ideas would
| have been patentable. As q man he seemed
TO have all the moral and religious ideas
common to men.
Once, wishing to make a paddock of his
perfectly safe, he took out the post and put
| in one projecting an inch, and then bored
| out the key to correspond; then. fearing
| lest some one might discover the secret of the
| kew, he put a shoulder on the post. ihsiue tus
| lock. invisible and almost undiscOverable.
Was tool wanted. he made it. Planes Of
| all kinds. carpenters tools, bits. augers, etc
were exhibited, some of them of perfect work
manship. He made every part. cutting tool
| and all.
EXECUTION OF THE WILL
In tie making Of the will six witnesses, IN
cluding his brother Andrew. DIR. johnson o.
East Machias, and DIR. Hunter OF Machlas
| were present A copy of his sisters VIII
from whom he inherited his property OF 81,
| 600, and package of bonds, used as sym
boil of the property, were laid on the table
Pointing to the will and the bonds, Dr. John
son made an imitation of writing. and with
questioning look asked him If he shoui'
write his will-he had learned by long prac
tice to read upon the lips many words; ~
nodded assent. Then DIR. J. initiated death
pointed TO the old will, the bonds. the oiant
paper. saving in words, "when you are dea,
and buried, what do you want done with AZ
vour money?" The words when. dead
:.buried. what" "all," and money =, N
could without doubt read from the lips. ~
replied, moving his lips to say "oaoy, M
s;qn for his brother Jacob, pointing to tn
| -L;.L bo had gone. and described