Evening journal., 1891-12-03
POOR HANNAH BENNETT.
WAS SHE CAPABLE OF MAKING A
WILL

Was Not-The Argument All What
WIN the Harvest be?
If Mrs. Hannah Bennett has not turned
over in her coffin 1t is because her spirit
has not been lowering around the New
Castle county Court House, and wit
messed the Pyle Fisher Etheridge scram
BILE for her hard earned thousands that
she left when she died
The Pyle Fisher ecramblers have tried
to prove that their benefactress was in
competent to make the last will, which
cuts them OF without even the proven
bial 8 cents; but they are fully assured
that she knew what she was doing when
she wrote, or rather dictated the subject
matter of the will, which ignored her
niece and left her worldly possessions TO
them.
The Etheridge scramblers. on the
other hand, have attempted to uphold her
mental capacity at ali times and in all
places. This much Of the trial must be
pleasing TO her shade II it has heard the
detailed evidence adducsd before the
Superior Court by the rigid direct ex
animation, REORGANIZATION, and re-
direct examination Of large number Of
witnesses.
The case is new drawing to a close.
All the evidence from both sides is ID
and argument Is well uuder way.
Judge Houston Recovered.
When the court had reconvened yes
terday afternoon Judge Houston had so
far rec overei from his sudden attack OF
illness as to be able to resume his seat on
the bench.
According to mutual understanding
smoug the interested counsel and the
judges, Chief Justice Comegys WAS not
present He is in Dover resupersting
his health very rapidly, and is expected
to resume his seat on Monday.
More Witnesses for the VIII.
Upon the resumption of taking testi-
mony in the will case, Colonel Nields, for
the contestant, called Edward West who
gave unimportant testimony.
Mrs Sarah West testified that she
visited Mrs, Bennett In Trenton While
there Mrs Bennett told her that she
would leave her money to her niece. Mrs
Etheridge, because she was Of her own
blood, and blood was thicker than water. "
An Executor on the stand.
John wilkinson, one Of the executors
said that he received the interest on the
Delaware City bonds, but that the real
estate was managed by William J.
Fisher He valued the Bennett houses
in WILMINGTON at 5000. This closed
the evidence.
Mr.. Nields began argument for the last
will He claimed that no court had ever
determined how much mind 3 person
must possess in order to make last will
and testament. IAN insane nerson
might have lucid intervals Ia which he
could, with all mental capacity, make his
last win and testament
He quoted the charges msde in numer-
GUS will contests before the courts OF this
stste he claimed that the human mind
was strong ard weak according to the
person possessing 1t. Undue inAusnce
must be of such character that It de-
stroys the free moral agency. either by
threats or force. He said;
~ was not until the time Of Hen nv
VIII that a man could make will Il
must 70 to his next OF kin. But we have
laws here which allow person 10 leave
his property to whomsosver he will In
rhts ease, TO whoan shouia 1t got To Il
woman who stood by Mrs Bennett il
her tottering age, and eRHed her walk tc
the grave, or to the others3 Mrs
Etheridge WIS the only kin on earth who
came to her in her trouble Money con
not bay love and affection or the tender
care necessary to give comfort to old
age She said to Mrs West that blood
was thicker than water. and she would
care for her niece. Mrs, Aiaswerth tells
you that she was overioyed to fud her
niece, and pleased to live with her.
There has been no charge Of cruelty
on the part of Mrs. Ethsriige. There
, hss been no charge that Mrs. Bennett
was torn away from this city to Trenton,
N. j. This letter shows that she went oi
her own free will The evidence shows
that she was surrounded with every
comfort while they lived in Chester, Pa
There was no restraint whsteVer. She
was allowed to 60 to Mrs Pyle's anc
stay for several weeks, and she gave thi
Pyles' $25 In order not to be under obi
cations to them.
Next you see her in her own home
} surrounded by friends, singing the ole
songs Of her youth. Then she was taker
! sick and on Friday, January 9, MIR. EN-
mons went there without any in.
terest in the case. Mrs, Bennett
J told him how she wanted he
property left he tested her menta
capacity, and was satisfied. He wrote
the will. 1t was very simple one leav
] ing all to her niece after her debts ant
. funeral expenses were paid. She lef
her bed The will Was read to her. Sh
said: That is just what ! want. Thfe
witnesses are called in, in order TO com
ply with the New Jersey law. Nil
Hickman was sent for by Miss Bloodgoo
without any request from Mrs Bennett
She was o member Of the High Church Q
+ England. He was q Presbyterian and
> stranger. do not think that it woul
seem at all strange that she treated hin
Z cody She told him that she believed |
} Jesus, and after he prayed with her an
was leaving she asked him 10 com
again. Her responses all went to shol
that she had her mind about her.
"She knew her brother and called hii
by name. She made the will on Friday
Her brother stayed until Tuesday. o
/ Wednesday she told Mrs. Wormall tbs
. she had left all her property to Ler niec'
so that she not only knew it on FRIDAY
(. but she knew it on the following Wednel
IS day. She told her old friend that agai
and again. Mrs. Etheridge's son, Ril
a ney, testified that Mrs. Bennett advise
/. him TO leave rsilroading as it was
dangerous calling She later told Mr.
Ainsworth and Mrs. Bloodgood abou
h the terms Of her last will
Kiss BIoodgOod scathsd.
y Now we will take up the evidence
\ Miss Bloodgood say that according
q philosophical laws it was an utter impo
sibility for her to hear what they wei