Smyrna times., 1893-12-13
HISTORY or TIE CASE.


The case just tried Will 60 down in
the history Of Delaware law cases as
oue of lhe most interesting and most
important ever tried in this State as
well a. the most remarkable enc Of the
kind ever tried in Delaware. Though
such an important case the jury was
judge OF both the law and The fact. and
there was 10 Judge or attorney TO
whom II could apply for Instructions or
information concerning the law. In
addition 10 this the number and the
prominence Of the counsel in the case
was sufficient to make il one Of more
than ordinary note.
Tue case has excited Dover and the
lower part OF the state since Nav last,
for although legal proceedings were
not heard for some time after that, the
case had oeen u the newspapers and
the matter Sad been generally speou-
lated upon BY the people there. 4 true
story OF the case has never been printed
until the present time, the facts not be-
ing avsila6le until the hearing brought
them out from the witness stand in the
Court House at Dover.
Charles Harris, the old man over
whose money so much has been said
and such fight has been made. was
born in Norfolk, Va, lightweight
years ago. His parents went to Nor.
folk from New England Early in life
Mr. Hrrris engaged 10 business Of
manufacturing and selling ship sup
plies. In this business be remained
until be had made considerable money.
Afterward be retired and about ten
years ago went to Dover. In 1891 Mr..
Harris went TO Basic City, Va, where
he had built house for his niece, Miss
McPbail, but she removed from there
shortly after to Washington. D. c.,
where Mr.. Harris accompanied her.
They bad not been in Washington long
when Miss McPhial wrote 10 Butler
the letter Of which so much was said in
the case asking him to come and take
the old man away aud calling him
various hard names and expressing the
belief that the old man would never
die. Butler took Mr.. Harris back 10
the Capital House in Dover.
When the old man was taken back
to Dover Butler devoled all his time 10
him. Some time during the present
year Mr.. Harris made a cOdicil to his
will leaving Butler 81, 500. Later this
was changed to 5000 and later to S2l.
COO. In addition Butler was made exc
cltOr of the estate, and on the death of
Miss McPhail the entire property was
to go TO Butler. In addition Thomas
=. Clark of Dover was to receive 5000.
Then Miss McPhail, the niece, aud her
companion, Mrs Barcus, came to Dover
and fight over the old man ensued.
Both sides engaged attorneys. Butler
and his brother who assisted him in
taking care of Mr.. Harris never left
him and the niece and her companion
also kept him in close range. On June
18th Mr.. Harris was removed to Bon
sells boarding house, where be still
remains. The attorneys of both sides
watched each other until Samuel W.
Hall, armed with powers of attorney,
went to Philadelphia to secure from
the Fidelity Trust Company of that
place S32, 600 in bonds which Mr.. Har-
ris desired to give TO those named in
his will and thus be sure, il was
claimed, that they got the money
which he intended them TO have.
An injunction or rather restraining
order was issued by the chancellor in
this State and the Court Of Equity in
Philadelphia preventing this transfer.
The case was postponed from time to
time until October 3, when Mr.. Hall
surrendered the powers of attorney TO
Chancellor WolcOtt and thus ended
that part of the case. On the same
uight lunacy proceedings were begun
and the hearing was commenced on
November 9th. For the petitioner.
Miss McPhail, the attorneys were f. S.
Brown and II. G.. Freeman, Jr.. Of
Philadelphia, and James Pennewill, n.
u. Smithers, Edward Ridgely and Jas.
II. Hughes, of Dover. The attorneys
for Mr.. Harris were General R.R.Ken-
ney, G. II. b. Day aud John b. Penn
ington Of Dover, and William Q. Spru-
ance, Levi G. Bird and Edward q
bradford Of Wilmington.
As near as can be learned Mr.. Harris
10 worth $4,000 invested IN good
seeurities.-MOrning NelOs.