Evening journal., 1891-12-03

Sl69 by check, after December 81, lc5O.
How be could stand there and look this
woman in the face and make such state
pents | cannot imagine.
Several Of the jurors were compelled
to take the train for horoe and court ac-
iourned until 10 o'clock this morning
Colonel Nields Closes.
Colonel Nields closed argument at
10. IS o'clock Mr.. Hilles then began ar
gument for the Fisher Pyle viii. He
said:
"Dr, Kittinger would not say that she
had testamentarv capacity. Mr. Emmons
went to the house with will partially
prepared, in which the word 'executrix'
shows that he must have
had some previous knowledge of the
person whom Mrs. Bennett was going
TO make her executrix The question is,
Was she mentally capable to know what
she was doing when she signed the Wills
The two testamentsry witnesses who
swore TO her mental capacity, had never
seen Mrs. Bennett before they went into
the room. They only stayed in
the room about half an hour ana did
not exchange any word with her, nor
did they hear her make any voluntary
| statement 10 anyone. Fair m inded men
would have been more careful in their
statements.
"A person must know what property
Is being disposed of when he or she
makes q will. Mrs Bennett did not
know what bonds she had
Speaking Of Miss Bloodgood's testi-
mony, | will say that despite the sneers
Of my learned friend she is q yeracions
witness. Why does he not say that she
Is telling a batch Of lies. She was in her
mothers room, where she had
a right to be. She overheard
some OF the conversation in Mrs Benefits
room and listened to hear the rest. It
| was natural throw down my gauntlet
and defy my learned colleague to attack
the veracitY Of this young woman.
Il say that Mrs, Bennett was not Of
sound and disposing mind She did not
know what properly she had to dispose
of. A woman of a sound and dispcsipg
mind would not forget that she had
three $500 bonds.
Mrs Etheridge never called to her
bedside minister of the gospel, and If
ny learned friend can find fault with
another for sending for q minister to
give spiritual consolation to this dying
old woman, he is welcome to DO 1t. 1t is
one of the little things that weighs down
the balance against Mr.. Etheridge I can
the Pyles. Mr. Fisher and her other friends
away from her bedside but cannot
conceive how any woman can stoop SO
low as to refuse to call to her bedside .
minister of God. My learned
friend spoke for ten minutes
upon the fact that Mrs
Bennett had answered 'Oh, yes to the
Question, DO you believe in the Saviour
proponnded by Rev Mr. Hickman. Be
lief in the Saviour is the elementary
teaching of Christianity, and ready
assent to the question is given even
by babes and sucklings Mr..
Hickman is q man accustomed to stand
by dying persons BE said on that stand
that he did not think that Mrs Bennett
was mentally capable of making will
You must weigh the circumstances
and give your verdict accordingly
Very little influence was necessary "a
make her change her will. Had she moi
been reduced to that low physical condi-
tion che never would have changed il
Mr.. Hilles finished argument just be
fore the noon recess.
This afternoon Colonel Nields agar
addressed the juay in behalf Of Mrs
Etharidge
Probably = Disagreement.
Probably before the EVENING JoBRNAl
goes to press again the jury will In Al
, likelihood have returned verdict. IL i
, stated by Eood authority tnat Mrs
Etheridge win get the verdic
or the jury will disagree
Il will not vote to give the money to Mr.
and Mrs. Pyle and William g. Fisher.
sAmone the FirebuEs.
Attorney General Biggs and Deputy
Attorney General Davis are very busy
J dreparing for the tease of the DuPon
barn burners. which viii come up bef9rt
the judges on Monday.
The car murder trial viii begin ol
December A.