Daily Republican., 1882-05-19

Ennis Case-A Verdict Of sIas y.
for the Plaintiff sutt ~"
mencod on tho WIN Of micn'.'
DOFan.
Courl re-assembled this morn;n, j..
10 o'clock, and resumed the lea
VS.. Ananias Ennis case. Mr.. SisIS] JS
addressed the jury for the plaint;SJ
and reviewed all the circumstan caa
the case. He concluded his remarL,
1890 o'clock and was followed hn "
Rodney for the defendant, who a,,na
that Mr.. Ennis had sold the corn sI ,nT
~ Son on condition that he could y
tain vessel to convey it to this citv
MIR. Nields closed for the plainHs
and the Chief Justice charged the ~
that unless they believed that tha Iu
tract with Lea & Son was based m I.
condition that the corn would hs Am
cred by a certain vessel, the dstsu
ant had brokep his contract, Hs =.
that no evidence had been given to ~
that tile corn was to be sent hv % y
particular vessel. 1t was shown N
when Ennis sold the corn he agreed
deliver it.
The plaintiff says that wbsn
bought the corn, the defendant q.
that he had a vessel ready to deljvar u
and on the other hand the defsnd,
states that he agreed to deliver thu co'
/ only on condition that he could OH,
a certainvessel. If the jury beljeva \
statements of the witnesses for
plaintiffs, then they must render "
dict in their favor for the difference
tine price, between the time the m
was sold to the plaintiffs; and the III
when it should Lave been delivered
The jury retired at 11.2O O'Clock
returned at 1l.45 with a verdict in
vor of the plaintiffs for SlO6 20 and
cost of the suit. When the iury a
came in, the foreman said that II
had agreed on a verdict of four cal
for each bushel thai the defendant
sold. The Court however, told the h
that they must give verdict for
tain amount, and they afterwa1
agreed on the above sum.
A jury was drawn, and the CASE
Mary Toner and James Toner vs. Jo
Doran and Daniel Mulherin execut
of Michael Doran deceased was n
cceded with. Two of the Jurors "
were drawn for the case were obiec
to by the defendants counsel and wi
drawn. Anthony Higgins, ESQ.,,
the plaintiffs, and G. B. Lore ESQ.,
the defendants. This is an action
set aside the will of Michael Don
who executed it on the "a day OF Nj
1873 and died in Few days afterwar
Mr.. Lore opened the case, and staj
the facts and the law bearing on thsI
to the jury.
Joseph Stoeckle, one of the witnes
to the will testified that at the time
was signed, he believed Mr.. Doran
have been in his right mind, and fu1
cognizant of what he was doing.
will was read to Mr.. Doran in the pi
ence of the witness, Mr. Mulherin
others. 1t was read in tone Of vo
so that all in the room could hear it
Michael Doran was lying in the
and after the will had been read to b
the witness helped to raise him up
hold him, until he made tile mari
his signature. The pen was held by
Mullherin.
| Cross.examined by Mr.. Higgins
witness had known Doran for q
ten or twelve years, but did not kl
his exact age. Heard some one 10
room say that he was blind. Did
hear him say anything while wa
the room he muttered something,
don't know what he said.
Mulherin wrote the name to the
and held the pen while the mark
made. The deceased had bis hand
the top of the pen at the tine
witness thought that the man was
his right mind and knew what he
doing, from tho fact that when he v
Into the room and his name was
toned to Doran, he took hold OF
hand and gave it a pretty hard sl'
Thomas Toy testified that he signed,
will as witness, and corroborated
testimony of Mr.. StOeckle.
! On cross examination tile WIN
said that he had known the deceased
Twenty. five years, and that aboatt
years before his death, he lost bis
from being struck in the eyes
some stone with which he was wore
DOran was not able to speak, ~
tongue had been parslyzed. he
sick for about two weeks when the
was drawn. J..
THE witness thought that unaei
circumstances the mans mlnd way
as clear as it would have been'
had been in perfect health; cOns.u Isu
Mr.. Doran very sick man lne
the will was made; it was drawn ~
Saturday and he died the next III
day. an l.,
Mr.. Lore then offered the Will ID
dence and said that woriu les.
case. The witness. Toy, having
to answer yesterday when s ns i.
was called, an attachment wa, n
for him and this morning tuov as,.
fined him the costs OF IL, .s;sa wv
ljourned at o'clock until 'n''
| NOM