Evening journal., 1897-12-01
DIVORCES GRANTED.
Court Adjourns as a Mark of
Respect to Mrs. Bird.
ARGUMENT IN TIE KANE CASE
JUDGES UNABLE TO AGREE ON A
POINT RAISED RELATIVE TO
THE ADMISSION OF TESTIMONY.
JUDGE sPRUANCE DIsSENTED.


All of yesterday afternoon the Su-
perior Court devoted itself to the trial
Of the case involving the validity Of
the will Of the late Michael Kane Mrs.
Martin Kane and her two little boys
were in court, as was also James II.
Kane, the executor and principal bene-
iiciary, who is charged with having
unduly influenced his father.
The first witness called at the con-
clusion Of the noon recess was Archi-
tect William r. Carswell. He declared
that ne was well acquainted with the
decedent and saw him almost daily
during years preceding his death. He
never saw him free from the effects Of
intoxicating liquor. He could not talk
distinctly and seemed to be failing
very fast. He could not, however, say
that Mr.. Kane was drunk every time
he saw him.
Edward Carswell testified that he
had known the testator for long per-
iod of time, and that he did not think
that he drew a sober breath for at
least thirty-five years.
In oross-examination Mr.. Lyman
asked the witness some pertinent ques-
tions regarding his own drinking hab-
It's. At first he refused TO make reply,
but the court requested him to do so,
and he said that some days he took
two drinks and other days he did not
take any. When asked If he was not
sent to Farnhurst 70 recover from a
severe attack of delerium tremens, he
denied IL, and said that he was sent
there because "Milt" Solomon, his
brother-in-law. wanted to get him out
of the way. He denounced his incar-
ceration as illegal.
Policeman Michael J. Maloney who
used to board in the same house with
Kane. said that the testator was hard
drinker, and the only time he ever
knew him to get up sober was between
1880 and 1892. When he was request
ed to detail a conversation he had
with the decedent after Mr. ROssell
had been there to write the will, Mr..
Lyman interpOsed an objection and ar
gument on the point raised was still
in progress when court adjourned un-
til to-day.
Messrs Ball and Lyman spent nearly
/ the entire morning In argument and
citing authorities
The question, which was whether or
not the evidence of Officer Maloney
/ that Michael Kane told him THAT this
will was made, but that he did not
make IT, but that Jimmy and the old
woman made it for him." should be
admitted. divided the court. After con-
clusion of the argument the chief jus
tice stated that q majority of the court,
himself and Judge Boyce, thought the
evidence should be admitted to throw
light upon the mental condition of the
testator Judge Spruance dlssented
and gave at length his reasons for do
ing So
Mr. Lyman asked If he could note an
| exception, but was reminded that It
was the court Of the last resort, but
the court granted him the privilege Of
noting the exception
Officer MalOney then took the stand
again and testified to the statement
above alluded to. Just before the will
was made. and the morning after the
accident, witness saw him and asked
i ham how he wns' feeling. ilate dill not
seem to know him at firsty Two days
later he was wandering and asked The
witness where the brass band was go
ing"
There was no brass band playing.
Kane continued his drinking after he
was hurt and kept whiskey under his
pillow Drinking it made him child
ish. Before the accident Kane said
that he would help Toms children as
long as he lived. There were times
before his death When he did not know
his little grandchildren when they
spoke TO him and called him grand
pop He thought a great deal Of the
boys.
i f-l,a coso ,,,a, stitI -, i,t,bnn ao,,,t a.
2 o'clock, adjourned until 10 o'clock
tomorrow morning.
The days calendar was disposed Of
as follows: James A. Kelly vs. the Re
publican Printing and Publishing Com
pany, continued for settlement; Will
liam r. Prettyman VS.. Edwin b. Will
hanson, continued on application of
plaintiff on the ground OF the absence
OF a material witness; George S. All
| mon, d. b. a., vs. Andrew B.Joles,p. b. T.,
| carried to the foot Of the list; Thomas
| e. Shea, q. b. a., vs. Agnes Kerr, d. b.
r., continued on application Of the de-
fendant below, appellant; HodsCn & Co.,
d. b. a.. VS.. George A. Wolf, D. b. T., dis
| continued James B. Stidham, d. b. a.,
vs.. Thomas Il. Roney. p. b. r.. judg-
| ment for Roney for S63.3S; Port Ken
|
Mitchell. continued on application OF
the defendant; William H. Klair vs..
Wilson Barnard, continued On appli-
cation OF the defendant
Orders CT publication were made in
the divorce cases OF Lizzie VS. Dennis
Dineen, Hannah e. VS.. Robert G.
Glenn and Edwin c. VS.. Lydia L.
Meade. The court granted the divorces
In the Dineen and Glenn cases and gave
Mrs Glenn the custody of her children.
The attorney in the Meade case did not
open the return, but there is no doubt
that the divorce was granted.
Owing to the funeral Of Mrs. Bird.
and as a mark OF respect to her and
her husband, there will be no session
of Superior Court this afternoon.
QUININE WHISREY
l - 4 I