Evening journal., 1891-12-01
BENNETT WILL CASE.
1T STILL OCCUPIES THE COURTS
ATTENTION.

The Bennett will case was continued in
the Superior Court yesterday afternoon
The first witness called was Harry
Emmons of this city. he testified that
he drew the. will. The defence objected
to several questions put to Mr. Emmons
by Colonel Nields, but the. objections
were not sustained by the court. The ex-
animation continued. Mr.. Emmons con
tinued:
"on the morning of the day upon
which the will was written. Mr.. Ethe-
ridge called at my Office aud stated that
Mrs. Bennett wanted her will written.
| went to the house and found her In the
second story. found her In bed.
was introduced to her by Mrs. Etheridge
or her husband. / saw that she was q
sick woman. ! entered Into q converse
tion with her about her property aud will
for the purpose Of testing her mental
capacity. She told me that she had three
houses here, one in Trenton and also
some bonds, the whereabouts OF which
she did not know She said that she
wanted the property to 80 to
her niece. She seemed to be
perfectly clear in her mind | wrote
the first part Of the will at my office
The rest OF it wrote In her room. sat
in bay window, at the west end with
my back towards King street Mr..
Etheridge went for the witnesses at my
suggestion. Mrs Bennett got up from
her bed, sat in a chair and signed the
will. She walked across the room. She
was assisted by her niece and husband |
read the will to her twice. She said that
that was what she wanted. | am fully
satisfied that she was fully aware of
what she was doing. She wore night
gown and was decently dressed She sat
in the chair until | left. She told me that
she, wished her niece, Mrs Susanna
Etheridge to be her executor think
she was fully capable Of making a will. .
In the cross-examination Mr.. Hilles
asked:
"Did Mr.. Etheridge say anything to
you about his wife getting the prop
ertyf
mot to my recollection.
"Well, you wrote the first part Of the
will before you left the Officer"
Il did "
In it you say 'exeeutrix. Now, how
did you know that she was going to have
an executrix?'
70 this pointed question Mr.. Emmons
had to admit that in all probability,
| Etheridge had said something to him
about it, He further stated that Ether
idge paid for the execution Of the will
down stairs, and he gave the will to Mrs.
| Etheridge
Mr. Hilles said that undue influence, as
well as lack of mental capacity, was
charged
Mr. Nields scoffed at the idea. He
said that the undue influence was on the
1 toAl ufd ID fch nd pxr1a nj
| to make her forget her own kith and kin
for their pecuniary benefit.
MIR. Emmons-"I did not notice that
Mr., or Mrs. Etheridge attempted to in
fuence her in the least
A witness who Was a witness.
John @. Buckingham was affirmed. III
said II witnessed the signing Of tn,
Sic declared the will to Be- her last vii
and testament When Mr.. Emmons rea,
the will to her she said: That's right
that's just as l want it. Her mind ap
peared to be perfectly clear. She die
not give any indication Of mental inca
pacity.
Michael Malloy sworn: "I witnessed
the will. Saw Hannah Bennett sign thS
will, and witnessed it at her request
She was as sound as any woman l evel
saw. She said the will was just whai
she wanted"
Pending the presentation Of the evi
dence against the will court adjourned
until 10 o'clock this morning.
Reading the Testimony.
The Bennett will case was resumed il
the Superior Court this morning DR.. L
Kittiuger, Mrs. Benefits attendin,
physician, was called to thsl stand. ii
stated that be attended her, but refused
TO express an opinion as to whether hi
patient was mentally capable of making
a will
The two attorneys then read tn
typewritten evidence adduced before tn
register of wills 1t was for both side
and was very conflicting
william B. Pyle on the Stand
William B. Pyle, 5son Of William NJ
Pyle took the stand and was sworn III
said: 81 am an accountant in the viii
mington and Brandywine Bank have
known MS Bennett from my earlies
recollection She was very intimat
with our family aud visited us YER
often. She spent Eve weeks at our hous
during October and November in 1896
, That was after she came from Trenton
,, On December z, | took her to her home OF
, King street. There were Mrs Bennett
Miss Bloodgood, some Of ner friends an
myself. Conversation turned upoi
! the property. She told m
. she had something to tel
! me. She said her niece, Susanna, ha
I been at her about the provisions Of he
: will. She said, Susanna, when a perso
! has made her will the time to talk Rbou
: it is after, and not before her death, an
as long as live l never want 20
to speak to me again about it, Sh
then said to me that she did not thin
/. the serpent would raise its he7
2 agAin, but that she hs
been up to the Conrt House trying t
find out about her will She thought
very ungrateful. On Christmas Day
took her presents from my father an
, mother and gave her enc myself. Ou
! relations were very cordial indeed. / di
not visit her at Trenton She wen
away unbeknown to us. The family wit
: whom she lived would never bother
D themselves TO tell u.s. Her mind was 1oi
clear on all things, especially matter
requiring connected story. Her min
was clear about her will and agsins
Mr. and Mrs Etheridge. Mrs. Ethsridg
was not in the parlor on that day,
The Beneficiary OF the Wnls.
William J. Fisher, one Of the bsnef
c'aties Of the will, and the man wh
drew it, took the stand He said; "