The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-10-06

The trial Of the case Of Mrs. Lydia
wharton against the execution Of the
estate Of the late Jacob Snyder VIII
probably come to It's conclusion this
aftefnoon. Yesterday at noon, the tes-
tImony was all in, and in the afternoon
Colonel Robert White and Mr. Henry
u. Russell opened for the plalntiff and
defense, respectively. This morning ar
gumentn viii Do. continued for the
plaintiff ~ MebsrS. W. P. Hubbard
ana q. R. c. Allen, and for the defense
81 General Alfred Caldwell. It is
thought the jury viii have the case In
their hands in the afternoon.
colonel White began his speech 10 the
Jury IN the afternoon aud occupied
about two hours In its delivery. He
showed complete mastery OF the case
as It has been built up in the course OF
the trial during the past week, and eon-
tended with foree and eloquenee
that the executors OF Jacob Snyder 8
estate ought TO be compelled by this
Jury IN rs verdict to provide Tor his
hdusekeeper, Mrs. Wharton, - ne re-
peatedly and often said TO many per
cons before his death, that he would 40.
In his peroration the speaker ives elo-
uuence Itself and said that he felt sure
M. Snyder would turn In his grave II
he knew IN what manner his wishes
were being disregarded by the execu-
tors Of his will in their refusal % rec
oeniEe the claims advanced by the
plaintiff In this case.
IN his opening In BEHALF OF the oe-
tense, Mr.. Russell said that juries
should guard carefully in verdists at-
fectIng the money Of deceased persons.
Sentiment should not enter into the
c5Se: until the plaintiff could show
treason for a verdict based upon the
SactS alone there should be no verdict
r. her favor, The plaintlf's attorneys
eeem to forget, said the speaker that
Nfs. wharton was given q certain sum
each week during Mr.. Snyders lite
time. and that what was left over was
her compensation. But they are trying
70 recover on an allegation that ne was
10 provide for her after his death 20
the extent Of SIS week during her lite-
time. This, the papers in the case 90
not contemplate: they speak only OF
services rendered By Mrs. wharton our, !,
ing Mr.. Snyder's lifetime. several
stories have been told on the witness
stand in this trial. John Wharton ana
4Irs. Lowe tell OF a contract by MT
SNYDER TO provide for Mrs, Wharton;
tie other witnesses didn't know OF snch
contract. The speaker believed Mr.
SNYDER referred TO what he was 90 DO
for Mrs. wharton during his lifetime,
NOT after his death. The other VIII
Noses only said that Mr.. Snyder spoke
n providinR for Mrs. Wharton In his
WIN. not speaking Of any contract
Continuing, Mr. Russell spoke OF the
standing OF Wills under law and salo
me testalor has entire control until his
death and can change the VIII at dis-
erection. Mrs Wharton, he SAID, lett
the matter entirely with MT. Snyder 20
40 or not 10 do as he would decide.
seven WITNESSES, in the course OF this
trial, told. OF what Mrs. Wharton NAG
: said regarding her arrangement WIFI
Mr.. Snyder. Is Mrs. Wharton TO over
ride these seven witnesses? inquired the
Sneaker. To all OF these witnesses sne
said practically the same thing; ene
was to take care OF the house being
given $g5 a week. and all that remain
Cd was hers. her compensation" add
ed M. Russell AT this point there
was a TIT between Messrs. Russell and
Hubbard, the latter stating his belief
that the witnesses had not used the
word "compensation." II these seven
WITNESSES are believed, said Mr.. Russell,
the inry cannot award Mrs. Wharton
one cent.
MI. Russell had not concluded when
.ogIrf adjourned for the day.