National Republican., 1883-03-22
THE LEGAL TRIBUNALS.
How Justice was Dispensed in the Different
Courts Yesterday.
Various DeckIons Rondered-Interesting
as 20 wills and Estates.
rSrrpp STATES SUPREME COURT.

No. 53j. Amos Birdsall, claimant of the
schooner Centennial appellant, VS.. the stand
ard Sugar refinery Appeal from circuit
court United States for the district Of Massa-
chusetts. Dismissed. Clerks costs TO be
paid by appellant, per stipulation.
No. lg7. Jonathan Kirkbridc, plaintiff in
error, VS.. Lafayette county. Argument CON
tnucd.
No. 2s2..J. c. Flood ct al, appellants, vs.
John II. Burke.
No 2s3. J. w. Mackay and J. g. Fair, ap-
pellants, VS.. John H. Burke.
No. PSI. j. G.. Flood ct al, appellants VS..
John II. Burke.
No. 2s5. J. w. Mackay aud u g. Fair, ap-
pcllants, vs.. John II. Burke
Appeals from the circuit court of the United
States for tho district of California On mo.
tion Of Mr.. $. +. Phillips in behalf Of counsel
for appellants. dismissed. with costs.
No. sos. John r. Hartranft, collector, &C..
plaintifrn error, Va. l.. +. Kennedy. In error
10 the circuit court Of the United States for
tho eastern district Of Pennsylvania. on mo-
tion Of Mr.. Solicitor General Phillips, for
plaintiff in error, dismissed, with costs.
No. lOs. The mayor, &c, of the city Of Sa.
vannah, plaintiffs In error, VS.. Eugene Kelly;
and No l0D. Tho mayor, &c, Of the city Of
Savannah, plaintiffs In error, VS. A. VI. Martin.
Argument commenced by Mr. w. S. Chis-
holm for plaintiffs in error, and continued by
Mr.. George A. Mercer for defendants In error.
On motion Of Mr.. l.. l.. Fancher Theodore
+. Miller, of New York city, was admitted 20
practice
Adjourned until to-day at 10 o'clock.
CAvEAr on ELIAB RtSGMANs WILL.
DR.. +. &. Martndalc, of Port Richmond
N. V, has filed II caveat protesting against
the admittancc to probate of the document
purporting TO be the last will and testament
OF Eliab Kingman upon the grounds
First. OF undue influence exercised over
H.. NAN. a..
the original will, Feb. "a, 1879, to the extent
of annulling tcstator's own will aud wishes
in respect thereof
Second. OF mental incapacity, undue influ-
.encc and fraud in the making, drawing and
executing of the codicil dated Oct. L. lsSi.
in that the testator was not himself cognizant
on the twentieth day of April, lss2 of hay.
ing signed or executed any such codicil and
that said codicil does not express said tcsta-
tors will as expressed at the date thereof and
since.
Therefore the petitioner respectfully prays
that action on the part Of the court in respect
TO the probate Of the will be deferred to some
date to be fixed by the court at which the Pc
titioner may appear with witnesses in support
OF the allegations made.
Accompanying the protest is the affidavit of
DIR. Martindale, who resides at Port Richmond,
and sworn to on Mar 10, 1888. 1t states that
he is q legatee named in the will that the
II,
Ia, 1881, at time when he wds not of sound
mind, or otherwise competent to devise the
property of which he was then seized, and
that the codicil drawn and executed as afore-
said was the result of undue and adverse per-
sonal influence over the testatOr, and that
further the signature of the testator to the
codicil was obtained by fraudulent means and
without the knowledge of the testator's legal
advisers, for the purpose Of nullifying the
tcstator's own wish and intentions toward the
lCgatceS therein named.
The dcpOncnt further declares and believes
that great injury will be done the memory
character, and good name of the testator and
great wrong to the lcgatees named in the will
If the fraudulent codicil be admitted to pro-
bate, and he finally declares and believes that
this codicil did not express the will of the tes-
tator, rs he the testator, intended, and sub
scqucntly, on the twentieth day of April. 1882,
80 declared to the dcponent, by announcing to
him personally, at the residence of the testa-
tar IN this city, that he had left the deponent
" legacy in his will of $1,000, which he had
cnjoined his executors to pay on settling up
MS estate before any other lcgacics were paid.
~ reference to the original papers it is ascer-
cained that by the will and first three codicils
Or Mnrtindale was left 5000, but by the codi-
cil contested hcwith others have their bequcst
reduced to $3.50.
SUIT TO CoNsTRUE A WILL.
htoSlo' ana t1Hgnef, trustees,
yesterday entered an amicable suit in equity
against Milton G. Randall and others, to con-
struo the Will and distribute the income OF
the estate Of the late George w. Randall.
ESTATE OF THE LATE PROF. HENRY.
Letters of administration dc bonus non were
granted to Mary A. Henry yesterday in the
estate of her father, the late Prof Joseph
Henry. Bond, $500
HANNAH c. wENTZ's WILL
Hannah G. Wentz, by her will filed yester-
day, appoints Joseph NJ. Parkc and Baltus Dc
Long representatives to dispose of her prop
erty and apply the proceeds to the payment OF
her debts. They are not TO be bonded, but to
be held responsible to their consciences in the
disposition OF the property.
TRIAL OF THE SHOEMAKER, GRIEsBECK.
John w. Grcsbeck was put on trial in tho
special criminal court yesterday for commit
ting an assault upon Carrie Ayers on Dec 4
last. The complainant, who is but II years OF
age, and quite pretty child, was nut upOn
the stand, and testified that on the morning OF
Dec. she went TO Griesbeck's shoeshop with
pair of shoes, which her mother wished to
have repaired, when the defendant put his
hand upon her person and made indecent
propositions to her. She ran out of the shoI
and TO her home
Mrs. Ayers, the mother of Carrie, stated that
her daughter came home crying and told hel
what GriesbcclS had done.
After the examination of this witness the
court adjourned until to-day.
REFERRED 10 THE COMMITTEE ON EXAM
NATION.
In the court in general term yesterday. on
motion of Mr.. w, B. Webb, the application OF
Frank Irvine, student at law, for admission
to the bar was referred to the committee OF
examination.
ANOTHER CHANGE IN THE MARSHAL's OFFICE.
Marshal McMichael has appointed j. Ridge
ley McBlair deputy marshal at the police
court, vice Mr.. /. n. Carey, the appointment
to take effect April /.
THE RECORD.
Supreme Court in General TERM Chief Justice Cart
Ter and Justices Macarthur and COr.-MiChael A.
French vs.. William II, George ct AL on hearing.
Assignment for to-day Nos, 81, 43lS 75 50, IS. So
90, 9l15, 95, O6, 100, l0l, and l02.
Equity Court-Justice Cor.-Brown vs. Brown;
time TO take compainans testimony extended.
Sinner VS.. Sinner; payment to Peter 7. Little,
guardian, ordered, Oertley VS.. Oertley; leave to
tile bill OF review granted. Shoemaker VS.. Camp.
bell; same. Conon vs. District of Columbia; de
cree pro contessO against defendant stricken out
with leave to answer. Henson VS.. Hill; r. s. Bland.
ford made party defendant, Lord VS.. O'Dono.
ghue; decree pro cnnesso made final and sale by
trustees allowed. Moore vs. Moore sale ratified
nisl. Castine VS.. Castine; appearance of absent
defendant ordered. Lucas VS.. Johnson; same,
GrRyson VS.. Johnson; David s. Johnson appointed
trustee 10 convey. Schell vs. Ebert sales finally
ratified, lnteIlocntory orders only to-day,
Special Criminal COir-United States VS.. Vigo
Jansen Ross, grave robbing verdict guilty; no.
tce to file motion of arrest of Judgment United
States VS.. John w. Gersbach assault jury re.
Spited.
Washington ms Statesman.
4 ell bne -,