The sun., 1897-12-01
Cily Edition
KANE CASE IN COURT.
The Entire Day Taken Up BY the
Will Case.

Will Case.
The first and important case of yester-
days proceedings was the issue inyol-
wing the question whether certain
paper in writing was the last will and
testament Of Michael Kane, and if he,
at the time of making said will was of
sound mind, the case being that of J.
Frank Ball, guardian for James and
Thomas Kane VS.. James II. Kane, exc
cutor Of Michael Kane. Judge Ballard
and II. II. Ward represented the plain
tiff, and William T. Lyman the defen-
dant. The will involves about S2l 900,
of which $500 goes to each of the sons of
Martin Kane, deceased, and the bulk,
$780, 600, to j. ii. Kane, executor of
Michael Kane.
1t is an issue from the office of the
register of Wills Most of the morning
was spent in proving the will by the at
testing witnesses and showing that the
testator was in full possession of his
mental faculties when he made the will.
Fl. H. Ward opened the case for the
plai ltiffs, the two sons, ard said that he
would prove that the old gentleman had
been unduly influenced by his son James;
and that he was in such a condition from
the excessive use of liquor that he was
mentally untitled and incompetent to
make a will. They would prove the
last stated, by his continual drinking
habit since boyhood and strengthen it
by the fact that he then at times had de-
lirum tremens before he siggned the
will.
To substantiate this theory DR.. Joseph
r. Smith was placed on the stand and
said that McKane had never entirely re-
gained his right mind after an accident
which befell him awhile before the ex-
ecution OF the will. DR.. Smith was also
decidedly of the opinion that Mr.. kane's
mind was seriously injured by the ex-
cessivc use of alcohol. W. r. Carswell,
Edward B. Carswel! and Police Officer
Michael S. Malone were also produced
and gave evidence corroborating the evil
dence Of DR.. Smith.
During the cross examination of Ed
ward B. Carswell lawyer Lyman's Wig
orous cross fire called fortha lively pro-
test from the witness and Plaintiffs
lawyers. The court at 5 p. IN. adjourned
a further hearing of the case until this
morning at 10 O'Clock.
Other cases called during the day were:
Anna Booth VS.. the Jackson and Sharp
Company, discontinued and costs paid;
Patrick |. Flaherty VS.. The Wilmington
City Railway Company, special jury
withdrawn and case put on calendar;
James McNally VS.. the Delaware Iron
Company, continued by consent; Joseph
W. Sewall VS.. the Wilmington City
Railway Company, for trial on Thurs
day, December l6; Ellen X. Lewis vs..
same, on Thursday, December 8; Michael
Hannigan's administrator VS.. same, con-
tinued on application of the defendant;
Amos Tallcy vs.. same, for trial; William
O. Shallcross VS.. the p, w. & B. Rail-
road Company, trial, Monday, De-
cember 13; Water Witch Steam Fire
Engine Company VS.. B. & p. Rail-
road Company, continued !; Francis
Hughes VS.. Diamond Match Company,
application for special jury withdrawn
William F. Finley VS.. The Davis Spring
Plate Company, discontinued and costs
paid William +. Finley VS.. The Davis
Pressed Steel Company, discontinued
and costs paid /; Martha L. Janvier vs..
the p, W. & B. r. r. Co., continued to
February Adclia +. Steward vs.. Will
mington City Electric Company, con-
tinued. Carrie Owen VS.. City, settled
Creswell vs.. the W. & N. r. r. Co., trial
on Wednesday, December 18th.