The Portland daily press., 1895-04-11
PORTLAND DAILY PRESS THURSDAY MORNING. APRIL H. 1895
THE HARRINGTON WILL CASE.

A Motion for continuance Denied by
Judge Foster After Hearing Arguments
The Case Assigned for Monday. April
ga Great Legal Battle Ahead,
The Harrington will case was brought I'M
in the Supreme court yesterday morning
before Judge Foster. IT here has been a
complete change in the legal gentlemen re-
presenting the contestants. All the law
yers who at different stages of the case mad
appeared for the contestants have dropped
out. and they are now represented by Hon.
0. D. Baker of Augusta. and Colonel A. W.
Bradbury of Portland. The case is before
the Supreme court ON an appeal from the
decision of Judge Peabody of the Probate
court allowing the will.
1t will be remembered that it is claimed
on the part of certain of the heirs that at
the time of the making of this will. Ira p.
Harrington was not in mental condition
to execute such an instrument. that the
document signed by him and presented as
his last will, and that the instrument pre-
uuder undue influence.
Huou tue Cdso WAS DSlOfo JuuRo fea DOuy
no witnesses were called by the contestants
to prove their statements, the only wit
nesses a. that time being the gentlemen
who witnessed the will, and who signed at
the request of Mr.. la rrington.
II will also be recalled that at the time of
making tie will some years before his
death, Mr.. Harrington was IN very good
health. and was then.and in fact continued
to be in active business up to short time
before his death.
When the court came in yesterday morn
ing, Mr.. Baker and Colonel Bradbury ap-
peared for the contestants, and Hon. j. w.
Symonds and his partner. Mr.. Snow, for
the administrators, Judges Putnam and
Haskell.
Colonel Brad bury moved for continu-
ance until the October term on the follow
ing grounds:
That the pres ent term of court is the
term to which the appeal was made return
able. and it is unusual to press case of so
much Importance.
That ali the complainants live outside the
state. and have been put to great deal of
trouble in obtaining counsel in this state.
That Mr.. Burleigh of Lawrence, Mass, who
by i'll health to leave that state shortly af-
ter the hearing before Judge Peabody .und
was not able to give any further attention
to the case.
That Clarencef Hale. ESQ.,. also one of the
counsel for tfte. 1,eomplainants had with
drawn from therease, and the present legal
representatives of the complainants have
not had time to look into the case. That
d case of such Importance and magnitude.
involving SO large an amount of money,
calls for the most thorough and careful
prepara ton. wlichct the present counsel af-
ter using alrdue diligence had been unable
under the circumstances to make.
That time must ba granted in any case as
much of the evidence to be submitted by
the compliments must be by deposition,
and must be taken out of the state.
Colonel Bradbury argued that the request
was easonable and proper under the cir
cumstances. He went into the case at
length. and spoke of the withdrawal of the
gentlemen. who, up to that time 10 great
er or less degree had the. case in charge.
Mr.. Snow opposed the proposed continu-
ance, land argued that there would be ample
time given Colonel Bradbury and Mr.. Bak-
er if the hearing was fixed for the 22nd.
Mr.Baker made strong argument in fav-
or OF delay. He spoke Of 1t as one of the
most important cases now pending before
the Supreme court, and thought that is
matter of simple justice to the complain
ants the asked for continuance should be
granted.
Judge Symonds opposed any further de-
lay. The estate is suffering because of the
pending legal proceedings, and they should
De terminated as soon as possible. The adj
ministrators are. ready to proceed with the
rington was in condition TO execute the
4wilE and that lf it was his last will. Judge
= yl- onds pointed lOut the fact that no wit
nesses were called at the time of tho hear
ing before Judge Peabody to prove single
estate and the administrators should be
put in a. position to execute the trust
committed to them by Mr.. Harrington.
Judge 44ymonds argued that ample time had
been given tb.m.. That the complainants
sick. and::tbaf Mr.. Hale had dropped out Of
the case. Hefstrohgly opposed any further
delay. anC said he should be glad to pro-
coed with the case at once.
Judge Foster reserved his decision and
VIXEN the court came in at three O'Clock
denied the motion for a continuance. He
said that 1t did not seem to the court that
sufficient grounds had been asked for the
continuance, or that the objection made to
that motion had been met. 1t should DO
rememb ered that this request for postpone
ment comes from those who took the ap-
peal, and who must be supposed to be famil-
lar with all the facts in the case. They
should have been ready to have gone on
with their case ut the term to which it was
appealed. Motion denied, and the case will
come up Monday, april 20.