Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-12-11

me stans check with ISIS Brssnss's Name
AS,srike Lasscr's u~ash.

Afiertke Lasscf's D~ashs
New York Timcs
TIE Dietz.will contest engaged The NJ
tcLtion OF Judge NcCartrr anf the OTTER
ridges OF the Orphans Court at Newark
YESTERDAY. When James 81. Diefz died nj
his l,crne. IN Orange, he left an estate
valued Al 5000. OcO. Two wills lnye been
offered tor probate, One produced by bis
vie and dated January O. 1870. leaves his
estate 10 bis executors In trust for the use
of bis wife. The second, produced by hts
Lroiber Samuel ut Mr.. Diefz's Office, In
New York city, bore the date Of June ~,
1870. add bcqueatbed the buiK OF Dis estiee
10 his brother.
MIR. and Mrs. Dietz were married, ac-
cordiug to her story, when she came 10
this country thirty-dve years ago. her
husband became drunkard, ana through
General Sanford she secured separation
from him. BY the death Of Der Iaiber sue
had been left In destitute circumstances.
She drifted South. AMI while engaged rs Q
clerk sang occasionally In concerts. Al
one Of these entertainments she met James
NJ. Dieiz, then poor mechanic, anu mar
red him. They came North. she en-.
gaged In concert. singing, and became wen
known. She gave her dpldly-accumulated
fortune 10 her husband. and with II ne
built up his own. Fol years be had been
addicted TO drink, and finally the separa-
lion was arranged. She thinks that his
gra,itude 10 her, however, for the help she
had given him In early life would not per.
nit him 10 disinherit her at bis death, and
she il convinced that the second will.
which cut her on. was forgery. particu-
larly from the fact that at the time oil It's
alleged execution In New York city Mr..
Dieiz was sick at home. He was not able
IN 90 10 New York TO execute will or do
apy other business. The brother of the
deceased asks that the second will be ac-
cepted by the court. The testimony taken
Yesterday was rs TO the testatOr's condition
at the time Of the execution OF the second
will.
DIR. Cusick. a nurse. who attended Mr..
pietz In February, 1870. testified that his
patient had told him that he had left all his
property 10 his wife. Eliza Somerylle was
at Mr.. Dieiz's house from February to
June Of 1880. On June 16, 1SS0-two days
before the alleged execution OF the second
wilI-when she went away. Mr.. Dietz was
sick in bed and too weak TO talk. During
nearly the entire three months she spent In
the house Mr. DietZ seldom left the bed ex.
cept TO permit change Of bed-clothing.
Mrs. Rafael, who made frequent visits TO
the testator's house In Orange, said that IN
July, 1880, Samuel Dietz was there usually.
The latter exercised great authority. swore
at Mrs. DietZ, and found fault with her FOR
purchasing a carpet. One Sunday he was
closeted with lawyer Franciola, who il said
TO have assisted at the drawing Of the Sc
cond will. She testified, too, that Mr..
Dietz had told her about that time that he
had left his property to his wife. Annie
Runo, a servant In the house, said she had
frequently heard Samuel Dietz say he
would fix Mrs. Dietz yet. John Stevens,
Of Orange, testified that he knew Mr..
Dietz and was to some extent associited
with him In business.
From the year 1876 to the time OF bis
DEATH" he testified, "Mr. Dietz was a
mental, moral, and physical wreck. and
incompetent to do business OF any kind"
Samuel Dietz was called. Councillor
CourtIandt Parker showed him a check.
=" This check" said Mr.. Parker, :" Is dated
subsequently to your brothers deathf :"
"Yes, SIR"
land you put your brothers name to
it,"
The witness hesitated, but finally adj
mitted il. After recess he said that he had
frequently advanced his brother money,
and that il was understood that he was TO
be reimbursed from money he was to col
leet. "You have had half an hour TO
think OF this explanation" Mr.. Parker
went on, land two lawyers TO help you,
haven't your"
II conyersed with them on the subject,
OF course" was the answer.
GLOW long have you been business
man 2"
"Forty years."
"And you deliberately, after your power
of attorney had expired, at your brothers
death, drew check and signed your bro
Tiers name TO it!"
at was misrepresentation on my part 4;
had always signed checks in that way,
and | supposed had the right to do it after
his DEATH"
William Cheney, OF New York, was one
Of the executors under the first will. After
the funeral he called at Samuel Diets
Office on business. He spoke about james
Dietz's affairs, and Samuel surprised him
by telling him that there was a second will.
Samuel produced il and read it TO him.
Daniel +. Ames. an expert, testified that
several words, letters, and marks in the
second will warranted the belief that they
are not the penmanship OF James Dietz.
They resembled Samuel Dietz's handwri-
ting strongly.
"In regard TO the signature" he said.
~ do not find the usual evidences found
in cases OF forgery. There are some marks
about the signature / would not expect to
find in James Dietz's signature. There are
peculiarities in James Dietz's signature
which do not find in the signature to the
second will"
Then be pointed out some letter diller-
ences. The hearing is to be resumed.