Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-26
They Do Not Believe Judge Holt
Wrote the Will.
TIE LONG TRIAL At An END
Judge BradIey's Charge and In
struotiens on Legal Points.
THREE HOURS DELIBERATION

to the effect that the will was a forgery.
The verdict can hardly be called sur
prise, but no one thought that decision
would be reached in short order. That one
was proves concfustvely that there was but
little difference Of opinion among the twelve
men who for six weeks have listened to the
evidence and the arguments in the case.
1t was 4:35 o'clock when the case was given
to the jury, and the opinion was general
among the attendants upon the trial that
they would be out all night and many ex-
pressed the belief that the jury would dis
agree and the long and expensive case end
in a fZZle.
The jury retired to their room on the sec
ond floor of the court house Immediately
after Judge Bradley's charge. The parties
to the case, the lawyers and newspaper men
and q number of spectators hung about the
court for more than an hour. Then the
word was passed around that the jury had
been communicated with and had sent word
that there was no chance Of verdict for
some little time. The crowd then diSap-
pcared. and Judge Bradley went home,
leaving word that he would come down at
any time up to 10 o'clock in the event that
a verdict should be reached.
The Verdict.
About 7:3O o'clock Foreman Bentley sent
down word that the jury was ready to re-
little time getting to the court house. There
a further wait, however, while an at
tempt was made to find the lawyers. Mr..
Darlington and Mr.. Lee had gone to their
homes in the country, believing that the,
jury would be out all night. Mr.. Butter
worth could not be located, and the result
was that the caveatees were not represented
by counsel when the verdict was received.
Maj. and Mrs. Throckmorton were present,
but their daughter and Miss Hynes, the
two benefciaries by the will, were not.
The heirs-at-law were well represented,
however, and both Mr.. Wilson and Mr..
Worthington were on hand and received the
verdict with every sign of satisfaction.
There were but few people in the room
when the verdict was received and there
was no sign of a demonstration. Maj. and
Mrs. Throckmorton showed no evidences Of
surprise or disappointment, and at once
left the court house
Judge Bradley addI essed the jury briefly
and congratulated them upon their ability
to reach decision SO quickly and easily
after such long and intricate trial
1t is understood that the jury had little
difficulty in reaching an agreement. there
being a practically unanimous opinion that
the contested will ought not to be admitted
to probate as the last will and testament
of Joseph Holt Eleven of the twelve
voted for forgery from the start but there
was one who believed that the. docu-
ment was a genuine one, but had been
subsequently revoked by Judge Holt 1t
over to the belief of the majority, for it
made no difference, of course, on which is
sue the will was thrown out, and they were
a unit on the main point.
An Important Deposition.
The closing hours of the famous six
weeks trial were marked by a very pecu-
lidr incident, which was lost On the spec
tators, who did not understand it's signif-
canoe. In the course Of his very eloquent
address to the jury Mr.. Butterworth made
some reference to an important deposition
which was not in evidence. Mr.. Worthing-
ton objected to his speaking of such mat
ter at that time, and Mr.. Butterworth Of
fercd to present the deposition then. Mr..
Worthington naturally objected to that
unless the whole case was thrown open
again. 1t is understood that the deposition
was one made by Mrs. U. S. Grant, but re-
ceived by the caveatees too late to be
brought into the case. In 1t she says that
she was present with President Grant and
Gen. and Mrs. Sherman at a dinner given
at Judge Hollis house in the latter part of
February, 1873. On that occasion the Presi-
dent and Gen. Sherman were called from
the parlor, and little later Gen. Sherman
came back and told his wife that the Judge
wanted her in the other room for mo-
ment. This is regarded as throwing
strong light on the matter Of the signatures
of the attesting witnesses to the alleged
will.
Judge Bradley's Charge.
Mr. Butterworth concluded his address
to the jury at 3:15 o'clock, and Judge Brad
ley at once commenced his charge. He be-
gan by congratulating them that this long
trial was so near an end. He spoke of it
as remarkable that in all the six weeks
there had been no delay caused by the in
disposition Of any juror counsel. He
commented upon the able manner in which
counsel on both sides had conducted the
case, and said that in that respect it was
-{~
career on the bench. Nor had he ever seen
trial conducted in a more gentlemanly
and considerate manner.
Coming down to the charge proper Judge
Bradley SPOKE Of the four issues in this
case which had been sent up from the Or
phans Court for trial. and explained in
what form they should render an answer
to each In the course Of his charge Judge
Bradley said:
1.-The first issue is, Was the paper exc
cuted by the said Joseph Holt as his last
will and testament? The second Is, Was
the execution procured by fraud practiced
upon Joseph Holt? The third is, Was it
secured by undue influence? The fourth is,
II 1t was executed, has 1t been revoked by
the testator?
The First and Fourth Issues.
Your deliberations will be confined alb
soluteiy to the first and fourth issues, for
these are the only issues which have been
on trial. The second and third relate to
the question OF fraud and undue influence
upon the testator by any person or per-
sons, and to the second and third you will
answer no. for there is no evidence which
would justify any other conclusion; and
the court directs that you return that an
swer to these two issues.
LAS to the 1rst question, inasmuch as
the testimony has indicated, and the in
strument itself indicates. that this entire
Will, as well as the signature, purports to
be in the handwriting Of Judge Holt the
question necessarily is, was this will, as
well as the signature to 1t, written by him?
AS necessary sequence, If it were not
written by him, either as to signature or
body, 1t is not his will. If 1t were ritten
by him and signed by him as his last will
and testament. then 1t matters not what
Its contents are, who Is benefited by it, or
who is deprived Of benefit by it. The fact
being established that this will is in his
handwriting and signed by him, your an
swer to this first issue would necessarily
be yes
'If this will had been found land when
say will. don't mean to indicate that 1t
is Wild among the papers Of Judge Holt,
that circumstance would lend to 1t the pre-
sumption Of genuineness. If we mad been
enlightened by the testimony Of any one of
these subscribing witnesses, probably this
question would not have been put to you
for determination. If any one of these SUBJ
scribing witnesses, Gen. Grant, who was, at
the time of this alleged execution. Presi-