The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1893-03-09
A MISTRIAL.
The Jury Fail to Agree in the Young
Will Case.


Last week we noted the taking ul
of the case of Walter c. Harris, cave.
ator, VS.. J. r. Young and others, con.
testing the will of the late Mrs. Pattie
II. Young, on Tuesday afternoon. A
large number of witnesses were eX.
amined on both sides and the testimony
was not all in before Saturday night
about 1880 o'clock, although there
were several night sessions lasting
until IL or IL O'Clock. It was a long
and tedious case but public interest in
it kept it from becoming tiresome to
the large crowds constantly in attend
ance. 1t was agreed that the speak
ing should be confined to ten hours in
all, five hours for each side, or an av-
erage of one hour to each of the coun-
sci.
Promptly on court being opened
Monday morning, Maj. John w. Ora
ham, of Hillsboro, Of counsel for the
caveator, proceeded to address the
jury. The authorities were freely
quoted by him and his side of the case
was we'll presented. Maj. Graham
spoke one hour and twenty five minutes.
Mr.. r. II. Battle, of Raleigh, of coun-
sci for the propounders Of the will,
spoke next. He made an able speech
of one hour and twenty minutes, dura-
ton, and was followed by Mr.. T. NJ.
Pittman for the caveator. He made
an excellent speech and presented his
view of the case in a strong and in
telligent manner. He spoke fifty-four
minutes. Mr.. Walter A. Montgomery,
of Raleigh, spoke next for the propoun-
ders of the will. His speech was dra-
matte in manner, full of pathos, bold :,
straightforward and direct. 1t was an
imprisoned effort and showed the man
thoroughly in earnest. He was fol-
lowed by Mr.. A. J. Harris in speech
of twenty-five minutes for the caveator.
He spoke briefly but pointedly and pre-
sented his side OF the case in forcible
way. Mr.. H. T. Watkins spoke next
in support of the will and held the
close attention of the jury for twenty
seven minutes. He made good speech
and argued his case we'll. Mr.. 7. T.
Hicks followed in a speech of one hour
and twenty-seven minutes for the
caveator. He showed fatigue from ex-
cessive hard work but measured up to
expectations and fully sustained his
reputation as stong, vigorous and
fearless advocate. His speech was
pronounced by many the most power
full effort they ever heard him make.
Capt. &. NJ. Cooke, Of Louisburg, spoke
in behalf Of the propounders of the will.
He is always pleasing and forcible
speaker and fully sustained himself
On this occasion. He spoke one hour
and five minutes. He was followed
by Capt. W. B. Shaw for the caveator.
He spoke an hour and seventeen min
utes and made a strong argument for
his side. In point Of strong and logcal
reasoning Capt. Shaw's speech was
one of the best made ON either
side. Capt. W. II. Day, of Wei
don, speaking for the propounders
of the will, closed the argument. His
speech occupied the space Of one hour
and eighteen minutes and was in his
we'll known vein. Capt. Day is always
an entertaining speaker and is especi-
ally strong and convincing as pleader
before jury.
Taken as whole the speeches Of
the several gentlemen were Of high
order of ability and while neither fault
less in matter nor manner were wrought
with consummate skill and showed zeal
and fidelity to their respective clients.
1t was precisely II O'Clock Monday
night when his Honor Judge Shuford
began to charge the jury. He carefully
summed up the case and stated the law
touching the same and it was six min
utes to IL O'Clock when he concluded.
He told the jury to repair to their
boarding house and go to sleep and
not give the matter any consideration
until they met in the jury room next
morning, presupposing they were not
going to speedily arrive at verdict, it
seems. The jury deliberated over the
matter all day Tuesday after receiv-
ing further instructions from the Judge,
and as an agreement did not appear
likely they were discharged Wednesday
morning and Judge Shuford left for
Greenville to hold Pitt court. The jury
was evenly divided at the time of their
dismissal, although at one time we I'M
derstand they stood 10 to in favor of
the will, but as two of the jurors de-
clared their determination never to
come over some of the others changed
to make it appear to the Judge that the
possibility Of an agreement was greater
and entirely out of the question, in view
of which fact they might be discharged.