The Cecil Whig., 1883-03-31

|
i lring her sickness, and she requested lnc
10 take care of Elva, in case anything hap
| pened to her: | promised to do this; | was
present at the bedside of my sister when
she was dying, and | heard Sam McCul-
Tough say, :" think about three hours Will
wind this job up" when we dressed her
and prepared her for burial, | found a mark
on her that looked like bruise; the will
which she asked me to sign as {. witness
she told Inc she had got her sister Amanda
to write.
! John J. Pennell-sworn.-l heard my
sister read her will before she signed it, and
| refused to be her executor, and said |
| knew nothing about such papers; after the
death of my sister | went down in company
with my two sisters, and read the will to
Samuel Mccullough, and he then said he
knew OF no other will, but that we would
hear from him at the proper time.
Cross-examined.--I was on good terms
! with Samuel Mccullough; the last time
| | was at his house before her death, was
about one month before my sister died; am
positive that when he heard the will read
by me he said he knew of no other will, but
at the proper time we would hear from him;
saw Samuel Mccullough, on one occasion
some months before my sister died, slap
Luna III the face and hold her up to keep
her from falling down; my sister said that
he was a bad man when he was drunk
Mrs Lavinia Hayes-aifi rined.-Am
SjStar m ha late Nauuia I f.f' I
was well acquainted with her signature;
am positive that the signature to the paper
writing is not the genuine signature. of my
sister; when my sister was lying in bed, the
last day she lived, her husband said, 81
think about three hours will wind this Job
up;'' l fonnd two bruises on her body after
her DEATH have been familiar with my
sisters signature all her life; | think the
body of the paper writing strongly resem-
bles the writing of Samuel Mccullough.
DR.. Jordan-affrmed.- Or about the |
sixteenth day of March, 1882, Samuel Nc |
Cullough came TO my house: he asked me if |
had ever heard what his wife was worth !
| told him | had heard it reported she was !
worth $1,000; he showed me a paper aud he !
asked Inc if | could identify the h..na- |
writing Of the body of the paper writing;
said could not, and he then said g know |
the signature to be my wife'S;'' he then |
asked me If could not swear that his wife |
had asked me to do some writing for her; | |
refused to do so; he then asked me to ask !
my son, William to come over and draw |
up paper; | told my son not to have any |!
thing to do about the business.
Cross-eXamined.-In never told parties in |
Elkton that my son and John j. Pennel !
had put up job TO get Il specimen of Sam
uel McCuilongh's handwriting.
TuEsDAY-FIFTH PAY.
Counsel for the caveators called Mr.. John
5. Rossel, clerk to commissioners, as their !
next witnsss. Counsel proposed to prove
10y witness the assessed value of Samuel |!
McCullough's estate. Counsel for The cave
atees objected, and the Court ordered the
examination of his witness to be passed for
the present.
Merritt S. McNamee was then sworn.
Reside in the Eighth District: the farm of
Samuel Mccullough think iSworth 81 SOC
to $1,000; he has put up new barn since
he purchased the property; the dwelling I
house is of stone, two stories high. the frnc- /
ing is not good: the farm is in i good Stale !
of cultivation: the farm contains about 90 /
acres.
Counsel for caveators then offered in evil /
dence the record of y mortgage CT the farm, /
to Jacob Tome, for s., 200, dated in 1888:
also one for S2,7Oo, to Andrew Donnel,
dated January -, 1872
l.. NJ. IIaines-sworn.-The money which !
paid the Donnell mortgage came from
Jacob Tome, who took the second mort.
gage.
Mrs. Amanda Pennell- affirmed Il am IA
sister to the late Maggie j. McCu!ough am
we'll acquainted with her signature: | did
prepare will for my sister at her request,
and she sat by Inc and dictated what | |
should write; | saw her sign it; She came
over on this occasion and st..id over night, /
and she had already told me she was COM
ing for this purpose; | never made any su.-
gestion to her about her will; twolhirds of |
all my sisters business was transacted by /
my brother or myself; she frequently said
that she did not desire her husband to know /
anything about her as he would abuse her:
l have not the slightest hesitation in pro
nouncing the signature to the paper writing |
just shown me TO be not her genuine sigma
lure: on the day She died Samuel McCul-
Tough came over for me: | found my sister
very i'll, and when the doctor came, and |
found she WAS dying, desired to send for
my sisters and the Doctor said, "lf Won
wish your sisters to see her alive you had |
better make haste and get them here"
Immediately tried To send Il messenger and |
Samuel Mccullough said, 81 have already |
one tired horse that brought you, and my
other horse is lame" he finally consented |
10 let Mr.. Riley take Il horse and 20 for
the:n when my sister died he came for
ward and demanded her keys: had them
in my possession and declined, when he
advanced towards me with an oath and |
threatened me SO that lie frightened me and |
| gave part of them up.
The counsel for caveators here res: ed their |
case.
The caveatees then called DIR. H. II. |
Albert Reynolds was sworn.-IIe had
known Luna j. Mccullough for twelve or
thirteen years; live on the next farm to
her and her general reputation for truth and
veracity is good, and | would have no hesi-
taton in believing her on oath: have heard |
Kennard Riley and his wife say that they
considered her reputation for truth and
veraci,y to be good this was three weeks
ago; prior to this time | had never heard
the subject discussed; visited he fire.
quently and am beau of hers.
Clinton Eeynolds-atfirmed.- Miss
Luna Mccullough; have known her for
about eighteen years; lived about Il quarter
of mile from her house. have never heard
her reputation for truth and veracity queS-
toned; | have known Samuel McCullough;
have heard his reputation discussed, and
some said it was good and some said it was
bad.
David Brown-sworn.- about one
mile from Luna McCullough; her general
reputation for truth and veracity is good; |
would certainly believe her on oath; have
heard my wife say she a truthful girl,
and she told me this yesterday; | have heard
some of the neighbors say that Samuel Me
Cullough was Il truthful man and have
heard others say that he was not Il truthful |
and reliable man.