The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-01-18
THE vANDERsLIoE-- SNYDER JAsE

uCiSheSJ "bihiuiotidtOi vi wal VI.
Vanderslice deceased, against N. U.
Funk, executor of Mary Snyder de.
ceased, is on this week before
Judge c, Z. Rice, specially presiding
for Judge Ikeler. The counsel for
the plaintiff are ]. B. Robson, r. X.
Little, and James Scarlet Esqs, and
those for the defendant are c. G..
Barkley, Fred Ikeler and c. c. Evans
Esqs.
There is but one point 10 submit
to the jury, and that is whether
Mary Snyder executed certain paper
by making her mark. In order that it
may be understood, we give a brief
history of the case. On February s,
1876, Daniel Snyder signed a, note in
favor Of Joseph r. Vanderslice, for
$2S65. On the same sheet of paper,
underneath the note is written obliga.
tion guaranteeing the payment of the
amounts named In the note, if not
paid by Daniel Snyder, which oblga-
ton is signed "Mary Snyder, her
mark" and witnessed by Samuel w.
Adams, and Thos. ]. Morris, bearing
date the 18th day of May, 1877. Mary
Snyder died in 1880, and in 1890 N.
U. Funk, her executor, filed his ac
count, showing balance of about
$1,000 in his hands. An auditor was
appointed to make distribution, and
at the audit this paper was presented
and payment demanded out of the
estate of Mary Snyder, on the guaran-
ty. The claim was resisted by the
estate on the ground that it was not
Mary Snyder's obligation, that she
never executed it, and that even if
she did, that plaintiff could not recover
for legal reasons. The hearing extend
ed over nearly four years, and the
audit was in session on about sixty
different days. At the close of the
testimony the counsel for claimants
asked for an issue 10 be certified to
the court of common pleas to try the
fact whether Mary Snyder executed
the paper in question. In his report
the auditor refused to recommend
such an issue, on the ground that it
was not material fact, and rejected
the claim, holding that even if Mary
Snyder signed it, the claimant could
not recover, because of want of consi-
deration, and for other legal reasons.
Exceptions were filed, and Judge
keller, who was witness, called in
Judge Rice to hear the case. Judge
Rice overruled the auditor, and grant.
ed the issue, and this is the point
on tiial.
Mr.. Little opened the case for the
plaintiff, and then called Samuel w.
Adams, one of the subscribing witness.
es to the paper, who testified in sub
stance that on May 18th, 1877, he
met Joseph r. Vandersice in Blooms
burg, and the latter asked him to go
with him to witness a paper. They
went first to T. J. Morris office, and
from there all three went to Mrs.
Snyder's house, corner of Main and
East streets that she met them at
the door, and they went in the house,
and then Mr.. Morris made the mark,
she touching the pen; he and Morris
signed as witnesses, and they came
away. A long cross examination fol
lowed, covering all the details Of Mr..
Adams movements on that day, and
of the transaction. Thos. J. Morris
being dead, the following witnesses
were examined; Guy Jacoby Esq,
]. H. Maize Esq, J.. J. Brewer, l. w.
Hartman, G. w. Corell, P. H. Freeze,
b F. Sharpless, Robert Morris, Geo.
Morris, all of whom on being shown
the paper, declared the belief that the
signature of Thos J. Morris was
written by him. The testimony of ID.
]. Waller and J. P. Tustin, (both now
deceased,) as taken before the audit
or, was read to the jury. Both de.
clared the signature to be that of
Thos. ]. Morris.
The plaintiff closed, and the defense
was opened by. Mr.. Barkley. Mrs. M.
E. Ent, granddaughter of Mrs.
Snyder, was the first witness. She
testified that she resided at her grand.
mothers from December 1876 to
July 1877 and that on the 18th day
OF May 1877 and for several weeks
before and after, Mrs. Snyder had
sore eyes, and was confined to dark
room, with bandage over her eyes
that she had to be waited on constant.
ly and was not left alone that Jos.
r. Vanderslice, Thos. J. Morris and
Samuel w. Adams did not call there
on the. 18th day of May, nor any
other time, and that it was impossible
for them to have seen Mrs. Snyder
alone without some of the family
knowing it; that Mrs. Snyder never
transacted any business without ad.
vlsing with some of the family, partic-
ularly N. u. Funk, who was her