Evening journal., 1897-09-30
IMPORTANT DECISION
An Old Opinion Reversed BY
the Court.
CLARENCE VALE THE FATHER
JURY FIXES UPON HIM RESPONSE
BILITY FOR MISS VOLTS CoNDL
TIoN-DAMAGE SUIT SETTLED
AND DISCONTINUED.

AMI DloOOlN lin u HI.
In the Court OF General Sessions yes
terday afternoon Judge Pennewin
charged the jury IN the bastardy case
Cf Anna Mary Wolf vs.. Lewis Clarence
Vale, of near ST. Georges. The Jury re-
turned verdict declaring Vale to be
the father Of Miss VOLTS child. The
order compelling him TO pay a stipu-
lated sum for its support Will be hand
ed down on Saturday.
All the Jurors but the twelve who
tried that case were discharged from
further attendance.
In the Superior Court considerable
business OF importance was transacted.
The case of George l.. Lockwood. ex-
ecutor of James V. Crawford, deceased.
VS. George w. G. Crone was taken up
Judgment had been obtained at the
May term. A jury of inqulsltion took
the matter in hand and found the
amount due TO be the sum OF 81 ,2O1. so.
In the cases of the same plaintiff VS..
Fillinghuyson II. Clothler, Alexander
| Maxwell, William r. l.. TaItman and
Purnell j. Lynch, the jury rendered a
verdict OF 1902 against each OF the de-
PENDANTS.
The court handed down very inn
portant decision. 1t was in the case OF
a certain paper writing purporting to be
ahe last will and testament OF Mat
thew Speigelhalter. who died and left
! a will, to which there were two attest
ing witnesses. One OF them, DR.. James
A. Brown, Is named in the will as ex-
ecutor.
The practice in England and in thif
state has uniformly been, until a recent
date, that party In interest mentioned
In a will as legatee, devisee, or ex-
ecutor could no.. be an attesting wit
ness unless he renounced that Interest
upon the old principle OF law that In
civil causes, parties in interest were
precluded from testifylng.
In 1881 the Legislature OF this stat'
passed law permitting parties In in
tereat in all civil causes to testify ex
cepting in suits by or against executor
or administrators. This reservation
was made out Of justice to the decedent
because Il would not be proper for tn
plaintiff or the defendant to testif.
when the mouth of the decedent 1
closed.
This action before the court was Il
I the nature OF an issue to determin
whether or not 1t was the last will an
! testament OF Speigelhalter. IL was
civil action, and not one by or agains
= an executor or administrator II was
. cause in which the executor was
party in interest, but under this law {
1881 he could testify. The court hel
4 that the old opinion whichhad prevaile
! In this state. that party in interes
could not be an interesting witness, wa
, changed by the law of 1881, and this
the attesting party in interest to th
will could testify in an action pertain
ing to the will just as we'll as any othe
q interested witness in any other kind
= civil suit. Peter l.. Cooper, Jr., repre-
/, sented the will.
: The case OF the trustees of Nations
| Lodge. !. o. o. f.. VS.. James Mullin
administrators will come uD on Satu
q day morning at 10 o'clock. The amour
has been agreed upon, but II will haN
. to be formally awarded by a jury.
. On Saturday morning. at 9 O'clocl
a the contested liquor cases will
taken up.
Court will adjourn on Saturday. an
7 the Sussex county court will open @
/, Monday morning, with Chief Justi'
- Lore and Associate Judges Grubb an
- Pennewill on the bench.
The case of Theresa Boeck VS.. the
= w. g. 3. Railroad Company has bee
. ( settled and discontinued.