The daily morning journal and courier., 1896-06-03
THE H0ADLEY WILL CASE
THE CLOSING HOURS OF AN EX-
 uAUSTIVE JURY TRIAL.

Strong Appeals to the Jury-Court Room Filled With Ladies--Judge Prentice Will Charge the Jury This Morning. The case of the contest over the will of Dr. Fredeick H. Hoadley. which has engaged the attention of Judge Prentice and jury in the superior court civil side, for more than a month, will be given to the jury this morning.
 It has been one of the most exhaust lively tried one that has ever come be- fore the court in this state. Counsel on both sides have left no source of in formation as to the mental capacity Of the testator.
 Expert testimony was introduced on both sides, and the character of the men on the witness stand was such as to attract the attention of the whole coun- try. Medical men are taking as much interest in the progress of the trial as the members of the legal fraternity.
 The prominence of the parties to the contest has aided it's weight to the im- portance of the controversy as well as the eminence of the counsel employed. The private correspondence of the tes- tator was brought into court and those covered a variety of subjects, ranging from social and business to descriptions of the scenery of two extremes as to the location of the writer.
 The hospitality of friends and the un- graciousness of kindred, the balmy sum- ny south and the ice bound regions of the north, business interests and earn est solicitude of those whom the writer holds in high esteem were embodied in these letters.
 Every point was hotly opposed by the contending attorneys. For days the legal battle was waged, and everyone seemed glad yesterday morning that the arguments were to begin. At 9:45 ex-Judge Stoddard, counsel for the ex- ecutors; Judge William K. Townsend of this city and Dr. c. Hart Merriman of Washington, D. C., began the argu- ment for the appellees.
 He began by submitting to the court request for the instruction of the jury many authorities to support the request.
 The counsel laid particular stress up- on the fact that Judge Baldwin had ap- proved of the contested will. The com- potency of the witnesses in the case was compared, MT. Stoddard claiming that those introduced by the appellants had not known the testator for any length of time while those put on the stand by his side were men who had known the testator since his boyhood.
 The strained relations existing be- tween Mrs. Kimberly and the testato1 was dwelt upon by MT. Stoddard, when Dr. Hoadley left the New Haven hospi- tai and went to New York Judge Stoddard told of the intimacy between Dr. Hoadley and Dr. c. Hart Merriman one of the benefciaries of the will, and his connection with the Roosevelt hos pita1, New York. He asked of the jury how an insane man could hold such po- Sitions.
 A few moments recess was taken, and then w. H. Ely began his argument for the appellant.
 He dwelt upon the morphine habit that Dr. Hoadley was addicted to. He claimed that the testattor was insane when under the influence of morphine That he used the drug, the attorney claimed, was not denied. He secuted the idea that there was any trouble be. tween Mrs. Kimberly and her brother Frederick, over the settlement of tht estate of their father.
 He did not think that Dr. Hoadley was the kind of a man to quarrel ovel the disposition of his mothers clothing as was claimed by the appellees.
 He said that it was morphine tha caused the drawing of the will in suc1 a peculiar way.
 At o'clock the court reconvened ant the closing argument for the appellant was begun by MT. Case.
 The closing argument for the appellee was made by MT. Fessenden, who wen over the case in the most exhaustive manner. Authorities were quoted a length. He ridiculed the insanity ples of the other side because of morphine The quarrel between Mrs. kimberl. and her brother was expatieted upon He closed with an appeal to the jur. to sustain the will.
 The afternoon session of the cour was attended by many ladies, who pait close attention to the efforts of the op posing counsel.