The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-27
IN THE JURY'S HANDS.
Argument on the Kenyon Will
Case Ended.
ms COMPETENCY THE QUESTION
s~vsysi Applications for Dfveres snA
Other Divorces Gpantsd-
Baker wharf Case.

TIE Kenyon will case II now With the
tury. All day yesterday, from 0 30 q m.
IN noon. and from ! p. M tall s. was
ssssed in argument 10 the Jury By X. III.
Lindsay and 8. Ii. Piles for the contest
snts and Ex-senator John b. Allen and
Tpomas B. Hardin for the proponents Of
fhe will. At 5 O'Clock Judge Langley
b~rsn bis instructions to the jury. and at
go the Jury retired In charge Of BailItFs
Mason and Hooker. A sealed verdict was
agreed to by the attorneys, and court adj
harmed TO $50 this morning, Ut which
time the verdict will be opened. provided
fbs larry comes TO decision by that time.
Tks chief question submitted TO the Jury
b whether Kenyon was of sufficient men
al capacity to make his Will on the day
fhs document vas executed.
Few cases have ever been tried in the
superior court with the skill shown in this
ssse. Since the trial began on October o
il has occupied almost the exclusive atten-
ton Of the court, and every phsss has
bssn exbaustiveiy presented
e II. Lindsay was the first speaker for
the contestants and addressed the jury for
Attic more than an hour and half in
strong and eloquent speech, calling atien-
ton 10 the importance of the case, the
large interests ~ stake and the relative
situation of the parties to the contest He
reviewed briefly the Leading features Of
The testimony adduced against and in sup
port Of the will and claimed that the pre-
poaderance was in favor of the contestants,
sad that they should in consequences be
even q verdict in accord with their con-
mntion. The will itself was an evidence
OF the INJUSTICE of its provisions, and was
not the expression OF ]. Gardner Kenyon's
desires. but the result OF n disordered
mind and a morally blunt.d nature, a con-
d.tion the unfortunate and distressing re-
snt OF diabetes, from which disease the
deceased had been suffering for az least
tao years prior to death and Of which he
died.
The opening address for the proponents.
BY Thomas b. Hardin, followed. lie re-
viewed the testimony in detail, going over
the material points brought out by the
Easensnts OF each witness during the
three weeks the case has been on trial
and comparing the different narratives
sith each other. An examination of the
testimony sho we'd, Mr.. Hardin claimed, q
sound mind in Kenyon up TO within q
very short time before he died, and de-
ceased was especially bright and inielii-
gent on Tuesday. when the will was made.
two days before death and the all-impor-
tsnt day ia the contest. Mr.. Hardin
spoke for an hour and twenty minutes.
The third speech. and the closing one
for the proponents. was next made by ex-
Senator Alien and lasted nearly two
hours. The dearest right of man, he ar
of nj h.
Wished. Man lapored to accumulate
ssa.th. and by virtue of his toll had an
indisputable right TO direct to whom that
wealth should go when hs could no longer
make personal use of It. The Law recog-
rlssd that principle. and the circum-
stances of this case demanded that the
JURY should say that j. Gardner Kenyon
had only done what many men had done
teiore him and had acted entirely within
bis capacity when he executed the will In
controversy. The fact that he had put of
s1sea,ing the document until two
day. before death was of no impor-
lance unless IL was clearly shown
that at that time he did not know what he
vas doing. Men generally deferred max
ing their Wills to the end of life, and the
fact that Kenyon did so was in accord
with his character and disposition. He
vas an active and aggressive man. of
strong will, who always took charge OF his
own property. and was in charge until a
short time before death. lie was exact in
business transactions, requiring that . re-
ceipt should be given for every dollar paid
out. The circumstances of the execution
Of the wall we're detailed and the testimony
OF witnesses in support of the will re-
viewed to show kenyon's Parliamentary
capacity on that day. He was then very
alex man, and his handwriting was poor
~ best. but on that day he possessed his
usual caution and intelligence. as Is shown
BY saying while the witnesses werc sign
Ing:
''Don't talk so loud. The walls are thin,
and some one may hear.
The will vas valid, concluded Mr.. Allen,
snd II should stand because of that fact
AT tins point the court took recess for
i've minutes. Upon reeonvening :. III.
Files made the closing address Of the day
IN an hour and half speech for the con-
iessants. Mr.. Piles made hurried review
Of The testimony aud then paid special at
ssnsion 70 the occurrences of Tuesday, the
DAY the will was made. Every event that
day Vas in the eontestants' favor. IL took
Tao hours 90 execute a very short aud
simple instrument Information could be
obtained from the testator only by ques-
honing. the deceased speaking mainly in
neaosytlables When the will. after hav-
Ing been prepared in an adjoining room,
Vas read over 70 the dying man. he said:
Yes yes-that's-my-will-
hayen't-change5 IL.
The EFFORT made by Kenyon to sign the
vi. was then graphically described. The
deceased seized the pen and made As good
y" Is any man. bat when he COM
nsnced on the g" of Gardner his recos-
lection rassed from him and he sank insen-
aa.e into swoon. Being reused. he tried
ssaih. aud IN endeayoring 10 write ken
yoA, word of six letters. made an almost
h4sgiee serawl Of more than ten eharae-
eEs Nc better evidence could lie offered
N esAali Of the contestants than the sig-
nature Kenyon attempted TO make.
Judge Langley then gave comprehensive
hs'rnetions 20 the jury. after which they
rti'ed - the jury room. BY agreement
q eoGnse. the jury was permitted tn bring
hssea.ea verdict, which will Be opened
" court this morning. IL an agreement -
~aeAed By that time.
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Cake tia. remains moist and sweet and
rsagns It's aayor for 6ays Is made with Dr.