The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-06-09
NO SUBPOENA
NO FEE.
Warren Dixon Thought He
Had the Laugh on Max
Salinger.
DIDN'T PAY THE WITNESSES
The Loddick Case Goes to
the Circuit Court For
Trial.

The will of Charles Loddick, who was
a policeman for a great many years, is
beng contested by his two grand children,
Richard and Libb,e Loddick, Lawyer
Warren Dixon representing the contest
ants, has fled a caveat alleging testament
tary incapacity and undue influence. The
will was drawn on January of this year
and the testator died on the 18th, five days
afterward.
AT the time the will was drawn LoddicE
was so weak that he was unable to affix
his signature to the document. siid, there
fore made his mark. He .eft 800 to each
Of his grand children. The remainder of
his estate was bequeathed to his married
daughter, Mrs. John Whitmore. The es-
tate consists of house worth $1,000 and
about $3 600 in cash.
All the parties interested were IN the
Orphans Court this morning, the propon-
ents of the will being represented by Law
yers Max Salnger and John F. Marion.
Mr. Dixon requested Judge Blair to send
the case to the Circuit Court to have the
facts passed upon by a jury. He said
that the evidence would show want of tes-
tamentary capacity. The testator was un-
der the influence of opium or some kind OF
drugs when the will was made, and al
though able to read and write he could
only make his mark. DIR. Noble, who at
tended him in his last Illness, is prepared
to testify that Loddick's mind was af-
fected by the drugs. Altogether Mr.
Dixon considered it a proper case to be
tried a jury.
Mr.. Salinger vigorously opposed the
oil
ent. he said. and also the witnesses on
the other side, and he desired the case to
go on without any further delay. Judge
Blair was perfectly competent to try the
case and there was no necessity whatever
for a jury trial.
Mr.. Marion said there was no evidence
before the Court that the testator was
under the influence of drugs or opium;
that was merely an assertion of counsel.
He could see no good reason why the case
should not be tried in the Orphans Court
the same as other will contests. Judge
Blair could determine the facts as well
as jury.
Mr.. Dixon contended that Loddick's S
mind was in such condition that he was
incapable of making a will. DR.. Noble
would testify to that fact
sADr. Noble" exclaimed Mr.. Salinger, is
one of the best and most reputable ply
sicians in this county. If he will come
here and testify on the witness stand that
Mr. Loddick was incapable of making a
will we will drop the case"
IF you have such strong evidence" he
continued turning to Mr.. Dixon. why are
you afraid to go on with the case?"
Judge Blair said he was inclined to let
the case go to the Circuit Court and he so
decided. Mr. Dixon had agreed to pay
the proponents witness fees, but he was
walking away when Mr.. Salinger called
him back.
How about those witness fees?" he
asked
"Oh, that's all right, replied Mr.. Dixon.
sHow many witnesses have you?"
The witnesses stood at Mr.. Dixon's
request and he asked each one if he or
she had received a subpoena They all
ans wered in the negative and Mr.. Dixon,
laughing, said there did not seem to be
any fees to be paid.
Mr. Salinger appealed to the Court and
Judge Blair said that Mr.. Dixon would
doubtless keep his agreement to pay the
fees.
Mr. Dixon left the court room laughing
but did not pay the fees.