The Cecil Whig., 1883-03-31
CIRCUIT COURT PROCEEDINGS.
The MCCULLOUGH Will Case-A Flaw in His Indict-
ment Acquits one Prisoner aud Flaw il Her
Braiu-p pan notwithstanding in Detail.


The Court met pursuant to adiournmen
on Saturday morning last, and resumed The
hearing of testimony in the Mccullough
will case, pending ut time of adjournment
on Thursday.
The first witness called was Jacob Fell,
whose examination in chief took place on
| Thursday. He was subjected to very
close and exhaustive cross-eNamination.
He again detailed the statement about the
conversation with Samuel Mccullough, and
did not vary in any material matter from
his first statement.
Dr. Zell - sworn.-Live in Lancaster
county, Pa; am {: practising physician;
have attended Mrs. Mccullough; had known
her over twenty-five years; am familiar
with her handwriting: am of tina opinion
| genuine handwriting.
| Cross s-examined-Have nsver seen her ac-
tually sign her name, but have frequently
received letters from her; all the letters
received from her bore a uniform signature;
| pronounce it not a genuine signature from
| tiiS lIS'i"h'' Va t''' H'S''s'"'>'
as have had in letters from her.
William .-af1irmea.-On the 10th
| day of March. 1882, / went over to Samuel
| McCulough's house, in company with my
younger brother; he, Mccullough, took a
| candle and went up stairs and remained
about half an hour; he came down and
asked me to come up stairs as he had some
| thing important to say to me; | went up
and lie locked the door and fastened down
| the curtain, and says: " William, there is
going to be he'll here, between John Penneil
and me. | have Il transfer here, but can
not find out who wrote the body of it" He
asked me if ] was the one who wrote it, and
| ! answered." No, sir" he laughed, and
said, 81 know you are not" He tEen
! asked me to swear | wrote the body Of the
transfer at the request of his wife; replied
NO, sir. | would not do so for your farm" :"
he said, " If you will swear to it | will give
you Sl2O;' lie told me not to be afraid of
getting into any trouble about it; he posted
| lie as To what | was TO say when asked
| whether or 10 had written the paper; he
produced a paper saying that cat the re-
quest of Maggie j. Mccullough l have
drawn this paper and have witnessed it :"
| refused pont blank to do this; he told me
he had been practising on her signature,
and he wished me also To practice on it, so
that could become accustomed to ii;
looked over his shoulder while he wrste the
name several times, aud he showed me the
pecuiiarities of the j and the "; | asked
him il his daughter, Luna, knew anything
about this, and he answered g No, she does
not and do not wish her to know any
thin, a6Uu: it y The transfer, written ON Il
halt-sheet Of foo!Sclp piper was shown to
witness, and lie identified it after reading it
Cr"ss-eNaniined.-Am: twenty three years
old: was born on Cedar Hill, Cecil county;
lived in Cecil county, except two or three
summers, until January, 1879 ur 80: when
| came over 10 McCuilou.h's house, | met
Barklry Fell and bis son, ,McCulloug!I's two
daughters anil Mrs. Ella Davis: the first
thing he did when we went up stairs was
to lock the d,ar and pull the curtain down.
Witness here Substantially repeated the
Tough. rs stated in the examination-in-
chief ! say positively that he asked me
to draw Il paper up and to sign my name as
witness to the paper; that l knew would
be forgery: | repeated this conversation
to Vim. Riley and wifi. a few days after it
occurred. Witness admitted Pennell ad-
yanced him money on his certificate |
am a poor man and could not support my
self in Eliton, while here as Il witness.
Mrs. Mary Iiley-->woru.-AI IL neigh
Dor of Samuel &. McCulluu.h: nursed his
wife in her last sickness: she occupied the
room over the kitchen: | laid Mrs. McCul-
Tough ont; size had two bruises on her per
son: on The Thursday night before she died
she asked me to keep her husband down
stairs rs he was worrying her; she particu-
larly asked me Tot To leave her alone; on
the Thursday night before Mrs. Mccullough
died She took Lana by the hand and asked
her TO promise her To take every care of her
young step->i>rrr, Elviri.
Cross eXamined.-I WAS constantly ut her
house during her sickness: found that the
Step-mother and the step-daughter We're al
ways very kind 10 each other; the relations
between The husband and wife We're of the
most friendly character, and ha always
seemed to be kind and gentle TO her: he is
good farmer, and L Woodworking and in
,iustrouS man; | do not know what Mrs.
Mccullough meant by saying that she was
afraid to he left alone, nor why she request
ed me not to leave her alone, except that
sometimes when lie came in to see her he
was under the influence of liquor.
Wm. Riley-sworn.-Af few days before
Mrs. Mccullough died | was at her house,
and heard Il conversation between her and
her husband; he was insisting that every
one should make will; on one occasion
prior to this, | had Il conversation with
Samuel Mccullough, and he asked HE to
stick to him, and il / did | would not have
to live in log house any longer.
| Cross s-examired. Mrs. Mccullough had
been sick off and on for many months; when
she had very severe spells her husband
would 60 and bring her sister to Sce ner
from the best of my knowledge or observa-
tion, | think that Mr.. and Mrs Mccullough
were Il happy and well-conducted and atfec-
tionate couple; think Miss Lena McCul-
lough one of the best young ladies' in our
part of the country, and | would believe
her in any statement and have never heard
her reputation for truth questioned; Mr.
| Mccullough had received package con-
tanning recipe for preserving meats and
4 Ii.
meant by saying that if / would stick to
him | would not have to live in a log house.
\ this point the Court adjourned until
| Monday morning at 10 o'clock
MpNDAY-FOUHTH DAY.
Court met at the usual hour, and pro-
ceeded with the testimony in the McCul-
lough will case.
| Morris Observation-Disclosures Reside in
| lancaster, abont one mile over the line:
live about five miles from the home of Sam
| uel McCullnugh; in March, 1882, | was bny-
ing hay from him, and when got the hay
| mentioned to him tlIst | had heard there
was TO be Il dispute between him and the
Pennell people; he said, " Yes, the Pennells
have what they call a will, but at the
proper time | will show them one that I've
go:, that will break them mp about this
pretended will" Mccullough asked me if
! could keep IA secret; lie wished me to gs
down 10 Elkton and swear that had drawn
up Il paper for his wife and had seen her
sign it; | said, MY God Sam, | can't do
this he said, g Why yes, you can, if you