The Portland daily press., 1897-11-05


mortgage and note were given. Two
neighbors, ID. f. Larrabee and Osborne
Fernald, testified to being called to the
house and to find the old gentlemen out
of his head. His housekeeper, Emma
Vining testified more explicitly on this
point. She said he would imagine that
there were people in the room, that his
sister Abby was in the closet, and that
he cherished other delusions. His son.
Geo. f. Russell. testified to his father
condition, and ex ,lained how he hap
pened to hold Suomit Russelps note. He
said he had inherited the money from his
maternal grandmother, and loaned it to
his Estepmother 1t was understood that
the interest of the note was off set against
his board.
Xhe housekeeper, las well as the son, tes-
titled to the circumstances Of the visits OF
Lemuel T. Davis, about the time the
mortgage and note were given. They
said Davis had spoken about getting the
$500, and had declared that he could
smash the will.' Also that Mr.. Davis
had said that the note in George #. Rus
sells hands was outlawed and good for
nothing.
1t seems from the testimony that Mr..
time of a serious illness, which seems to
have been the cause Of the alleged insan-
ity.
Mr.. Neal, in opening the case for the
defendants, said that as there had been
no evidence so far as Mr.. Proctor is con-
cerned, he would ask that the bill be dis
missed as to Proctor. Messrs. Frank &
Larrabee signified that they had no objec.
ton to this.
Then Mr. Neal went on to say that
Mr.. Russelll intended to give th is $500
to Mr.. Lemuel T. Davis as the share OF
Mr.. Davis and Charles D. Merrill. Then
by getting quit claim deeds from them
as to the house, he would have as abso-
lutte property that which he was holding
as life estate. Mr.. Neal claimed that
Mr.. Russell WAS of sound and disposing
mind
Mr. Lemuel 7. Davis. son of Mrs. Rus
sell, was the first witness. He testified to
being present at the time of his mother 6
death, nursing her and seeing to the fun
eral After she had been buried Mr..
Russell said he should have to sell the
property to pay the debts, and that after
the sons note was paid there would be
little left. He also said that there was
a will in the office of Thomas l.. Talbot,
ESQ. After seeing the will Mr.. Davis said
he went to Mr.. Russell and told him that
he, Mr.. Davis, and his nephew. MIR. Mer-
rill, would sell their interest for 1880.
He replied that If they had asked $4,000
he should have considered it all right.
The arrangement seemed all right and
The witness said he knew Mr.. Russell
had been sick; but he appeared as sound
in mind as ever, talking nationally all the
time. On oross-examination witness de-
MED that he had told Mr.. Russell that he
could tsmash the will, Ebut he did not
like the will and may have indicated as
much in the hearing of Miss Vining
Witness denied he had ever said the note
was worthless. John H. RUSSELL hadS Id
that Mr.. Talbot chad given such an opin-
ion. In response to a question from the
judge witness said that in the transaction
he considered that he was selling his in
terest as an heir at law rather than as a
beneficiary under tho will.
The court then adjourned until 10
O'Clock today. 4