The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-23
SENATOR M'D0NALD'S WILL
Case That Promises to Become Historic
in theAnnals of Indiana Law Courts.
Compromise Very Nearly Accomplished Last
Week-What the Dispositions Contain
Begins To-Day at Noblesvile.

A great legal battle, and one which
through many tedious days of court, opens
at Noblesville this morning Indiana peo-
pie are generally familiar with the story of
the Mcdonald will. Senator Mcdonald was
laid to rest. and his followers pursued the
routine of life. hardly prepared for
the startling charges that quickly came
from one side of house divided against
itself. The story is almost trag,cslly in
teresting. The will of the late Senator
was duly probated. In it's pages. neatly
typewriter and legally executed, the dead
had provided for his surviving widow
prIncely dower-the control of the bulk of
his fortune In fee. The papers that gave
the handsome legacy TO Mrs. Mcdonald had
been prepared in the late husbands Office.
and they bore the attests and signatures
of Alpheus II. Snow, law partner. and of
Parke Daniels, also connected with the
firm. In the space allotted for il was the
familiar signature of Joseph 4. Mcdonald.
This was filed for probate by Mr.. snow. who
attested the genuineness of the signature.
When the first rumblinRs of the storm
that shook the very foundations of the Mo
Donald family were heard Malcolm Nc
Donald. the son. and his niece and nephew,
the children of Ezekiel Mcdonald. entered
a protest against tho final disposition of
the Will The charge was made In their
complaint that from the document had
been extracted page of manuscript
and In Its place another had been substi-
tuted. Tho legal fight was precipitated by
the heirs with the preliminary charge that
script. could it be brought to hight. would
reveal the fact that "beQuest for life"
and not "in fee" as the alleged subs ttuted
page read. had been the intended provision
of the deceased for his wife. Then the
various phases in the rapidly unfolding
drama began to appear. Mrs Mcdonald
produced document in the form of
will. a carbon duplicate and
exact fac smile of the paper which it was
averred had been tempered with. The
first petition on the part of the cOntestIng
heirs was double complaint. first that
the genuine will had been conveniently
fixed and, second. that Mrs. Nc
Donald had exerted an undue influence
The attorneys for the defense filed o petit
ton to the court that the plaintiffs be in
structed to elect upon which OF these two
inconsistent charges they would seek
verdict.
Pending the amendment of the complaint
O line of romance was added to the already
incidents relative TO the con-
test by the strange vision which lady.
the former governess to the Mcdonald
home. announced had appeared to
dream remarkable for its acute vividness.
She saw the law Office OF senator MELON
aid. Inside the apartment were two figures
not snadowy phantOms, but Distinct in
form and face. One of these persons was
the beautiful wife of the man whose prop
erty is IN litigation; the other was his
private secretary and stenographer, Arthur
Hutchins. These two people were at work
comparing typewriter sheets Of paper.
Then she dream faded. The dreamer
was taken to the office of Mcdonald "
Butler. There was something familiar
about the place and her mind reverted
back to the sleeping fancies of few weeks
before. All was as she had pictured il.
At the insane hospital the governess was
permitted to look upon another scene and
in the pale. emaclated figure OF Hutchins
she claimed to recognize the stonographer
of her dream.
Upon the peculiar manifestation OF the
goyerness came the astounding charge of
the plaintiffs in their amended complaint
thai the signature TO the last will OF Senn-
tor Mcdonald was forgery on its face. as
were the rest.
In preparing for the trial the opinions Of
many attorneys who knew the dead in lifs
have been solicited and their depositIons
taken recently. These will be presented
to-day. Edward Daniels. brother of Parke
Daniels. who was present and attested the
will. testiies in his deposition that the sig
nature Is genuine. John NJ. Butler de-
clined to hazard an opinion and refused in
his deposition to say W neither the signature
is genuine or not. Maurice Butler testities
that he believes the name has been
forged. A. l.. Mason. long in the office.
and Judge A. l.. Roache. the law
partner of Senator Mcdonald for ten years,
both 0wOre that the signature was genuine.
Expert Sollman. of Chicago. after a mi
croseOpical test of the writing does not
hesitate In pronOunoing 1t clear forgery,
while the defense will produce two experts
who declare il genuine, and so the case
goes on. daily growing more complicated.
During the past ten day the friends of all
the parties to the unfortunate condition OF
affairs have succeeded In bringing about an
emicable understanding between the
litigants which was about to result in n
compromise. Several propositions were
submitted. and finally an offer was arriv cd
at which. by q slight concession on the
part OF those interested, would have con.
cluded matters so far as the courts are CON
cerned. The proposition. as made. was
signed by Mrs. Mcdonald and her attOr-
neys. Miss jessie Mcdonald ana the plant
ifs attorneys. One of the plaintiffs fde-
clined TO sign ii. and submitted another
proposition. which Mrs. Mcdonald de-
clined TO consider and the :csuse celebre
goes into court this morning.