The Newtown bee. (Newtown, Conn.) 1877-current, 1891-01-02

went down, the provisions of the Mitch
ell will were discussed and Elon express
ed himself well pleased with such dis
posal of property. The notes Of $l3, 800
held against L. Il. Booth were also
i brought up and he expressed desire to
have them handed over to 4. b. at the
end of IA years, provided certain condi-
tions were complied with, which it was
claimed was in direct keeping with q
\ promise said to have been made by Elon
to L. B. some time in the past, that nc
should be remembered in his will if he
gave him nothing during his life time,
1t had not been proved that single pro-
vision in the will emanated from or was
suggested by G. Fl. Peck, but to the con-
! trary. All of his kin we're remembered
in the provisions of the will and the res
idue of the estate was to go to the grand
children of his brother Orville and the
adopted daughter of his sister Delana at
the expiration of IA years. In closing
State Attorney Fcssenden paid a high
compliment to him chosen as trustee
Were Fairfield county to be searched
throughout it's borders, more compe-
tent or trustworthy man could not have
been found in whom to repose so respon
sible trust. The Bridgeport Farmer
/ saws Fessenden made one Of the most
i powerful arguments ever heard in the
courts of Fairfield county.
THE CHARGE AND VERDICT.
Judge Robinson gave his charge to tiie
Jury, Monday morning, December 20. Il
was carefully prepared document OF
great length and occupied two hours in
| it's delivery. After dwelling at some
length upon testamentary capacity, intel
lectual soundncss and what constituted
undue influence, he went into an eX-
hastive review of all the testimony, tax
ing each witness in detail and laying
clearly before the jury all the important
features of the evidence pro and con, ac-
companied by such suggestions, cautions
and citations of law as seemed necessa.
ry. 1t was listened to with the most
profound attention and was considered 8
very carefully prepared resume of the
whole case. At - 30, the case went tC
the jury and, at 20, the jury filed into
the jury box, answered to their names
and rendered their verdict sustaining the
4 will of Elon Booth. 1t was afeerwarc
stood IL to 1, which, on the second bal
, lot, was made unanimous. During tn,
trial of this case, 80 witnesses have beer
examined, II for the prosecution and q
, for the defense. Able counsel have beer
employed on both sides. The charge o
the jury was one of the longest ever givel
to Connecticut jury and the argument:
; of the counsel on both sides showed
great care and thorough preparation ant
were full of good points to sustain thu
claims of their respective clients. No ont
could have been listener without also
: being learner.
THE CLOSING TESTIMONY.
| JOHN b. PARMELEE.
Am IS years old. Have known Elon Boot
40 years. Saw him last in December, 1889, a
l.. b. Booths store. He enquired about his
brother Oryille's family. Asked me where
Ed. Booth was and what he was doing. TOLD
him he had hired Russell CIRCUITS house an(
was working the farm. / said to Elon, ttWhy
don't you buy the farm and give it to Ed. Yor
will get to be an old man by and by and
when you get so that you can't take care Of
yourself, you will want some place to go and
let hin take care of YOU" Elon said, "He
would be hell of q fellow to take care of me
He can't take care of HIMSELF" L said to him
at that time that he ought to give me $1,000 fol
saving his lite. He asked when. said, When
| pried you out from under q stone down in
fathers lot" He saiu, "When / getting
out Charles Morgan's underpinning?" 1 said
yes. He never gave me the $1,000 Elon said
he worked with Aaron Squires when l want
bigger than pint of cider and could cover
him up in mortar. When Russ. died, Ed
Booth came to my house to get my sons wag-
on to move slab already spoken about to
have it set up tor Russ and Ed said Elon talk
ed of putting up a monument. went to see
Elon, to see if l could get the job for NJ. w.
| Stevens. Found him at Josiah Booths wood
pile Asked Elon ii he didn't want to put up
"a monument. Elon ash ed what in hell l
thought he wanted monument for; he wasn't
| dead. Told him he would die and be ought to
| have something to show where he was plant
| ed. Said he didn't intend to die; he was CO.
ing to live as long as Walt. Northrop did. He
would use profane expressions when he COM
| menced talking, but was not rs profane as q
| good many men. He has told me about his
| losses, but never as to what he was worth.
Have always been on friendly terms with Ed
ward Booth. Elon would say he was poor and
couldn't afford this and that. Asked him a
| good many times why he did not have better
clothes and he said he could not afford it. He
knew he wasn't poor and so did I. Never con-
sidered him any other than of sound mind.
| GEORGE r. PARMELEE.
Am Ga years old. Known EIon tor 40 odd
years. Saw him last some three months pre-
vious to his death, at L. b. Booths store. He
| enquired about Oryille's folks. Asked him
| how business matters were getting along in
| Toledo. Said he liked his new agent, Mr. Stahl.
| made loans tor him; first loan in April, 1873
| He said the loan had not been paid up; the in
| terest came, but came slowly. I spoke of the
| loan first, the A. d. Jones loan. Did no bust
ness with him the last two years OF his life.
| Always spoke to him when we met His mem
| Dry was sometimes better than mine. Contin-
ued making loans for him in Toledo until
| 1884. In all, loaped s42,7Oo, including le-in-
vestments; some $4,000 loaned for him I
was Raymer 4 Seagrave's agent in Monroe,
Easton, Newtown, Bridgeport. Elon never
| visited Toledo to look after his investments
while was his agent. My connection with
Toledo ended in 1884, when Raymer & Sea-
graves failed. Elon's loans were made by
my advice and none OF the investments were
ever loss to Elon. He saw Raymer & Sea
graves in Newtown several times. Did not
loan directly to them but did it through their
agent. When saw him in Mr. Booths store,
some three months before he died, consider
ed him OF sound mind and competent to make
a will.
EDGAR f. HAWLEY.
Am a merchant and have been in business