The daily gazette., 1882-05-22
SECOND EDITION
REPnINTeD FROM SATURDAY.
THE CASE or DORAN's WILL.


some Very Interesting Testimony In the
Case IN the Superior COurTO-Day.
The Superior Court opened at 10 o'clock
today and the Doran will case was re-
newed.
Rev. George r. Kelley, Catholic clergy
man. was the first witness at this morning |
session. He testified that he administered
the last rites to the deceased, and at the |
time noticed him to be paralyzed in speech.
John Doran was recalled, but before testi-
fEiDg Mr.. Lore objected to his competency
on the ground that he CDoran1 was not an
adverse party, although an adverse party 70
the record, inasmuch as he had c0yenanted
with contestants to destroy the will.
Mr.. Higgins, In reply, stated he could tes-
tify against his interest, and cited the Re
yised Code, page $50, and that "against his
interest,"" as applied in the statute Of 1880,
meant pecuniary interests only.
The Court would not allow Doran to tes-
tify, stating that his incompeteney lay IN
that If he testified 1t would be to the effect OF
destroying the trust, and they would not
allow q trustee to make invalid the trust he
had once accepted.
DIR. L, P. Bush was, called and stated that
&c what the witness testified to was true, ne
(the doctor) believed Michael Doran to be
sick with brain disease called "torpulty
of the BRAIN" and further that 1t arose
from softening and congestion of the brain,
superinduced by bereavement and melan-
choly. Softening of the brain is caused
from Inflammation followed by loosening of
the fibres of the brain that congestion OF
the brain was caused by overtaxing the
brain and the getting of too much blood in
IL, causing death In stupor and affecting
the speech also, leaving the person without
power of forming ideas and eventually IN
paralysis. He did not believe, taking the
H., iNl n
making a good will and even If he (Doran)
made a will on the Tuesday before, he was
not of good and sound mind and disposing
memory.
Cross-examined-If was the attendant
physician could have given a more positive
and clearer opinion.
DIR. John z. Wales testified that he knew
Doran, and eorroborated DR.. Bush in every
respect.
Resister Biggs said John Doran's testi-
mony had been straightforward and accurate.
During an inquiry from the court, counsel
for the will admitted that Mulherin, the
executor who wishes to sustain the will, is
no relation to the deceased.
DIR. Joseph II. Chandler was called in re
buttal, and testified that he had practised y
years at Centreville, Del, and attended
Doran during his last illness; witness called
ON the deceased on the 2Sth instant, and saw
he was dying. He was also there again on
the LIST of May, 1879, and asked him about
his will, and he said he (Doran) would
make one very soon. Saw him third time
on May 3, the day the will was made and
asked Doran, "Did you make your will ~
and he replied, eyes" "Is it satisfactory !'
asked the doctor, and Doran replied in the
affirmative. Doran on that day cOnversed
with witness and had no difficulty in speech
until the 9th instant. To the witness the
deceased seemed capable of expressing ideas
and Of competent mind.
"Well DOCTOR" asked Mr.. Lore, "was his
mind clear2
''Perfeetly clear"
"Of sound mind 2"
"Perfectly."
''Was his mind clear on the day of making
the will !''
SIT was"
''Do you believe that on and up to the time
of the 9Th day of May Michael Doran wa'
of sound and disposing memory Z"
81 believe he was"
Cross examination failed to shake this ties
timony.
Mr.. Higgins then endeavored to recall tn
former physicians to rebut the testimony o
DIR. Chandler in regard to some facts men
TONED by him, and corroborate their forme
testimony in regard to Doran's sound an
competent mind, and was allowed to do so
Dr. Bush was then called, and followed /
DIR. Wales, who disputed the conclusion
DIR. Chandler.
The following interpretations have bee
granted charters;
The Dean Woolen Company; Riversi(
Rolling Mill Company, The Alfred E. Smit
Il Warner Axle Company, The Wilmingtc
Dental Manufacturing Company, The Del
ware Rubber Company, The Newark Brio
Manufacturing Company.
AFTERNOON SESSION.
Mr.. Higgins, before proceeding this afte
noon to argument, disputed with Mr.. Lo
the question "Is the burden of pro
upon those for the will or tine contestants
The court after Is minutes deliberate
decided for the executors of the will, a
Mr.. Emmons commenced the argument
$50 p. m. At 4 O'Clock he was still spea
ing.