The sun., 1897-12-05
ONE CENT
KANE WILL SUSTAINED.
Routine Business of SuperiOr and
General Sessions Court,

Routine Business of Superior and
General Sessions Court.
The will case of Michael Kane, after a
weeks trial in Superior Covrt, went to
the Jury yesterday morning at 1890
O'Clock. Chief Justice Lore, in charging
the jury stated, that they must be salts
fled beyond a reasonable doubt. Michael
Kane was at the time of making the
will OF sound and disposing mind, and
the evidence given to his habits and con-
ditions at other times, must only be
taken as a guide in determining the state
OF his mind at the time the will was
made. They were also to decide whether
he had sufficient mind to know that he
was disposing Of his property, and to
whom he was giving it, He also spoke
OF the matter of influence, and said
man may be properly aided, and assist
ed, but in order to show undue Influence
it must appear that such influence &C.
tually prevented him from doing what
he desired to do and deprived him of his
free agency.
The jury retired at 1890 and one hour
later returned with verdict sustaining
the will. Judge Ball for the opponents
of the will asked that the jury be polled,
and each Juror replied that he so found.
-Four ballots were required. The first
stood nine to three in favor of the will;
ten to two on the second; eleven to one
on the third, and the fourth was unani-
nous for the will.
In the case of Frank A. Mitchell vs..
Richard }. Guthrie, ct al, judgement for
plaintiff in the sum Of Sl6O was granted.
The case of James A.. Kelly VS.. the
Republican Printing and Publishing Co..
was discontinued, having been settled.
The case Of the Prudential Insurance Co..
VS.. Anna Carroll, p. b. r., was discon-
tinued.
Settlement was reported in the case of
u. M. Osborne 4 Co. vs.. William A.
Scott. Discontinuance was announced
in the appeal case Of Allmon VS.. Jones.
The case OF the Port Kennedy Stag
Company VS.. Frank A. Mitchell was con-
tlnued, notwithstanding J. Harvey
Whiteman's objection to an affidavit
alleging the absence Of material wit
nesses. William $. Hl1es represents
Mr.. MITCHELL
Argument was heard on motion to
luash the return on Il writ of fl ia in the
sheriff sale case Of Mary +. Noshell, of
smyrna, vs.. Thomas Cavender, her
brother Harry Emmons represented
Mrs. Voshell and Peter L. Cooper ,yr..
Mr.. Cavender.
At General Sessions Court yesterday,
Deputy Attorney Cooper took up two
non-support eases. One of Mrs. Ray
mond Murphy who accused her husband
OF desertion for he past two wears. lie,
Murphy, left for London, England with
out providing for her child and it neces-
STATED her working as a domestic. She
says during his absence of two years she
received but one letter from him and
when he returned on October 30 last, she
arrested him. After both had gave their
evidence to the court, they then made
an amicab!e settlement, in which they
shall live together, and the case was
continued till February term of court.
The desertion case of Mr.. Richard
Tierney against her husband was settled
by Mr.. Tierney being directed to pay IS
month for the support of her and her
child, and to make the first payment on
January 4th, and to give security for
$500