Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-15

The Jury in the case of the executor of
Harry Il. Peace vs.. the Johnson Forge
Company reached verdict Saturday after
noon after having been ont five hours. The
jury awarded the plaintiff damages in the
sum of 81, $40. The case lasted all of last
week and attracted much attention in legal
circles. Levi G. Bird and Andrew Il. San
born appeared for the plaintiff and Colonel
benjamin Nields and John Il. Nields for
the defendant company.
The suit grew out of an accident at the
works of the johnson Forge Company in
July. 1890, when Harry Il. Peace was
struck by the handle of a crane he had
been operating and rendered unconscious.
He was removed to his home and for nine
months II is alleged, suffered. much pain,
1t was alleged by the plaintiff that while
in this condition he crept to the cellar of
his house one morning last March and
ended his suffering by death. His body
was subsequently found dangling from a
rope suspended from the ceiling. Shortly
after Peace was injured he began pro-
ceedings against the Johnson Forge Com
pany, nut during the time the suit was
appointed and the suit came off last week.
The jury found that it was little over SO
weeks from the time PEACE was injured
until be died. The jury allowed him SO
week wages and $40 day for his physical
pain and mental anguish, making total
Of $3.50.
The Carpenter will case came up again
in the superior court on Monday when
an issue was sent TO the jury to finally dis
| pose of the case. Joseph Carpenter, the
testator, whose will has created no end of
| confusion in the probate court, and is now
occupying the attention of the superior
| court judges, resided during his lifetime in
Brandywine hundred close by the Penn
| sylyania state line.
1t was on November 14th, 1891, that
Joseph Carpenter, the testator, advancing
| in years, decided to have executed u last
| will and testament, making Thomas Il.
Carpenter, a nephew, the chief beneficiary
| under this will. What induced Mr.. Car
penter to change his mind regarding the
disposal OF his property has never been
| ascertaned. But certain it Is that six days
after the execution of the first will. a
second testament was drawn up. In this
will Thomas f. Carpenter was not bene-
ficiary.
The will case first came up before Regis
ter of Wills J. wilkins Cooch, when many
witnesses were examined touching on the
case. While this hearing was pending it
| was decided to send an issue to the jury.
| The amount of money involved is only
about $1,000.
The hearing of the celebrated will case
| has involved no end of interest both in
this county and i'll Delaware county, Pa,
/
known. Hon. Charles b. Lore and J. Ii.
llofecker appear for the caveator, while
the Interests of the proponents OF the last
will are looked after by John II. Rodney
ana Thomas lIolcomb.
Associated with the latter IS x-Congress-
man John NJ. BrOomall of the Sixth Con.
gressoual district, Pa. Mr., Broomall was
also for q number of years judge of the
courts of Delaware county. lie succeeded
to the bench soon after Delaware and
Chester counties were made separate judi
cial districts. MIR. Broomall, after finishing
his term as judge, was a candidate for re-
election, but was defeated by the present
judge of Delaware county, Thomas j.
Clayton. At the expiration of Judge
Clayton's first term, covering period of
ten years, William b. Broomall. son of eX-
Judge Broomall, was a candidate for the
judgeship, but was defeated and again was
Judge Clayton successful at the election.
o. II. Billiard, q member of the Della
ware county bar, was the first witness
called. He is associated with George b.
Broomall brother of eX-Judge Broomall,
in the practice of law in Media MIR. Bull
lard testified that he wrote the second will
and testament of Joseph Carpenter, and
was one of the witnesses Of the will. He
stated that Mr.. Carpenter was past 50 years
of age, but was in good health and sound
mind when the last will was executed.
MIR Billiard stated that the first will was
made about Is years ago. Prior to Novem-
Der It'll 1891, George Broomall stated to
Joseph Carpenter that in view of the fact
that he had acquired additional property
and inasmuch rs two OF the legatees under
the first will had died, he had best make u
new will. This will the witness drew
up. Six days prior to the execution
of this will, will was drawn making
Thomas L. Carpenter the chief beneficiary.
1t is this will that the caveator desires to
| "a : 10 hn
John NJ. King was a witness to the last
will and testament. Witness said there
was nothing irregular about the will.
Mr.. Hotfecker then addressed the Jury
and claimed that undue influence was
brought to bear on the testator to induce
him to make the last will. MIR. Hotfccker
also stated that the contention was that
the testatot was incapable of making u
will.
l.. b. Jervis was then called in behalf of
the caveator. Witness said he was a stenog-
rapher and took notes of the will made by
Mr. Carpenter on November ith, 1891 The
will was put in legal form by Hoffecker x
Hoffecker.
Walter Pierce, one of the testating wit.
nesses to the will under which Thomas L.
Carpenter was the beneficiary, currobor-
ated the testimony of Mr.. Jervis.
Court adjourned until go o'clock.
Thomas Il, Carpenter, the beneficiary
under the second will of Joseph Carpenter,
deceased, was the first witness called iii the
Carpenter will case Monday afternoon.
He testified that on visit to his uncle, the
latter said he wanted the farm kept in the
Carpenter name, and said his nephew had
not been treated right in former wills,
4. Ellwood Carpenter, son of the former
witness took the stand. The witness said
he went to the home of Joseph Carpenter
to get receipt for some furniture when
the deceased refused to sign 1t. Witness
said Joseph Carpenter had told him that q
man named ,lervis had been at his house
and had liked up paper for him which
just suited the testatur.
Jane Carpenter was on the stand when
court adjourned ut 5 O'Clock until 10 o clock
Tuesday morning.
When superior court convened Tuesday
morning the hearing of the evidence in
the Carpenter will case was resumed
Lawyer o. +. Billiard of Media, Pa, was
recalled to the stand and said he had
written the last will and testament of tho
testator and had made its provisions con.
form largely to those of former will
written Is years ago.
,, George Broomall testified that he had
prepared the old will of Joseph Carpenter
J more than IS years ago. He had had CON
siderable business relations with the tesla,
tor during his lifetime. Witness had also
, known Jane Carpenter for 20 years. The
+ witness was examined by his brother, ex-
Congressman John NJ. Broomall, aud testi,
tie that Joseph Carpenter was perfectly
satisfied with the changes made in the new
} will
Court adjourned at o'clock until 80
p. m.
The Carpenter will case occupied the at.
tention of the superior court yesterday.
The concluding argument was made by