The morning times., 1897-03-03
THE VAN R|SW|CK VERDICT
The Jury Finds That Undue In
1uence Was Exercised.
1T WAS OUT FOR SIX HOURS
The Decision Overturns the VIII
of Mrs. Van Riswick Which Only
Gave Her Two Daughters Life
Interest in the Estate-Motion
for a New Trial.

The Jury in the Van Riswick viii case last
McComas in circuit court, part 2, assert
ing that the document had been drawn
under undue influence exerted by Wilton
j. Lambert, her grandson, or some other
person, and refusing to sustain it. Judge
Wilson, of counsel for the Lamberts, imme
diately declared his intentions Of asking
for a new trial, and the jury WA finally
discharged.
The jurors received the will from the
clerk of the court at 11:30 O'Clock and
wrestled with the question for six hours.
When they returned the court directed
that they be polled, and each man declared
that the verdict as signed by the foreman
was his individual conviction. notice
able feature of the RETURN however, was
the fact that almost every juror responded
to his name in a half-hearted manner that
might have been interpreted to express
some doubt.
1t was the twenty sixth day of the trial
No case before the courts this winter has
attracted as much attention as this one.
Not only was this true because OF the high
social standing of the parties interested
in it, but also because Of tine value Of the
estate involved. When Mrs. Van Riswick
died she left property aggregating about
100000 in value. She left two daugh-
tiers, Mrs. Tallmage Lambert and Mrs.
Martina Carr. 1t was the latter who began
suit to break the will and who yesterday
succeeded, at least for the time being, in
her efforts.
Wilton j. Lambert, a grandson Of Mrs
Van Riswick, and who has appeared as
hero in this drama in real life, was given
the beautiful villa of Van View, worth
III round numbers $4,000. He and his
sisters We're TO become the possessors Of
the entire estate upon the death Of Mrs
Lambert and Mrs. Carr, respectively.
Twenty two days OF the trial were con
suIned in the hearing of testimony. The
argument OF able counsel took the greater
part of three days. The attorneys in the
case were: Mcssrs. 4. S. Worthington
and r. Ross Perry, for the caveators; and
Messrs. Jere Wilson, Henry E. DAVIS aud
William + Mattingly, for the cayeatees.
The closing address OF Mr.. Worthington
was made Monday afternoon.
Judge McComas began his charge TO
the jury shortly after the opening of the
session at 10 O'Clock yesterday morning
The only exceptions to 1t were noted by
the attorneys for the caveatees. The
members OF the bar who crowded the
court room beyond the comfort limit,
pronounceditasan unusually strong charge
and an eminently impartial one. II was
In writing and the judge read it Ia a
slow and careful manner that added EN-
phasis to every sentence. He warned
the jurors not To consider the VIII as
though they had made it, and cautioned
them TO take due deliberation. The vital
question for their consideration, he said,
was whether the mind OF some one else
had been substituted for the mind OF the
maker of the will.
The Jurors announced that they had
reached verdict at 5:l5 o'clock, and
Judge McComaS and Mr.. n. Carroll Downs,
the clerk of the circuit court, both of
whom had gone home, were notified by
telephone. 1t was over an hour, though,
before all parties were ready and the
Jury was sent for. Judge Wilson and Mr..
Worthington were early in the courtroom,
and chatted together while the court
waited. Beyond those named, there were
not half q dozen people in the room.
Mr. Wilton J. Lambert walked nervously
in company with a friend, and was not
present when the Jurors came down stairs
Mr. Downs received the verdict from
the hands of Foreman Charles Behrens
and read 1t aloud. 1t was as follows:
WAS the heeXecutionby Mary Van Riswick
deceased, of the paper writing, dated the
18th day of February, 1894, and purport-
ing to be the last will and testament OF
the said Mary Van Riswick procured by
| undue influence exercised and practiced
| upon her by William j Lambert, or any
other person or persons?
"Answer-Yes.''
The jury was polled.
az shall make motion for a new trial."
said Judge Wilson as the jurors filed out
| of the room. Three minutes later the court
room was devoid of occupants, Mr. Worth
ington went to a telephone and sent a
message to Mrs. Carr, his client. Judge
Wilson announced the verdict to Mr.. Lam
bert when he met him outside the city hall.
HANDSOME WAGON