Evening star., 1899-04-03
Jury's Report This Morning in Dain-
gsr6eld Will Contest.
FURTHER CONSIDERATION REQUESTED
The Concluding Arguments of
Counsel Heard Saturday.
THE POINTS DISCUSSED
special Dispatch to The Evening Star.

Special Dispatch to The Evening Star.
ALEXANDRIA, Va. April 3.-The cir
cult court for this city, Judge c. f. Nicol
presiding. convened this morning at 3
O'Clock, the contest over the will of Mrs.
Eliza r. Daingerfield being still undecided.
Argument in the case, commencing Satur-
day morning at $50 O'Clock, stated I'm
The Star, was not concluded until 10 o clock
that night. The jury was then locked up
and Mr.. B. Harlow elected foreman; but at
II O'Clock had not reached a verdict, and
was then excused until this morning
When The Stars report closed Saturday
Attorney John M Johnson was speaking for
the contestees. He was followed in the
afternoon by Attorneys r. Walton Moore
and Samuel Brent for the contestants
AT O'Clock Attorney Edmund Burke, also
for the contestants, took up the argument.
Mr.. Burke portrayed the domestic scenes in
the Daingerfield family between the death
of Henry Daingerfield and his mother. the
testatrix. He strove to show that in this
period undue influence had been brought 10
bear upon the teStatriX by Mrs. Effie Dain-
gerfield and children.
Attorney Eppa Huntcn. jr., followed for
the conteSteeS and made the closing argu-
ment. He derided the idea that Mrs. Bliza
r. Daingerfield had a delusion and was
therefore without testamentary capacity.
Judge Nicol addressed the Jurors this
morning, saying that they had had the rest
and quietness of Sunday in which to re-
cuperate and should be refreshed and
ready TO consider the case. He said he did
not want any one of them to do violence to
his convictions. but he hoped they would be
able to reach a verdict without much fur
ther delay.
At 1920 o'clock the jury again entered
the court room. Foreman Harlow arose
ly that, after due deliberation we believe
we cannot agree upon a verdict" Judge
Nicol remained silent, and MIR. Harlow. con-
tlnuing' said: Every man composing the
10 no IF 1r-
here the balance of the day. and even to-
morrow, IL We thought 1t possible to agree
upon verdict
Are there any points of evidence that
you wish TO have more light upon?" asked
Judge Nicol
Mr.. Harlow replied in the negative.
Gentlemen, said the judge. 81 know
that you are all men of business and |
would like to discharge you now, but |
want you to try it again."
Mr.. Harlow again arose and stated that
there was nothing that would change the
opinion of any member of the Jury Mr.
). F. Harper also stood up and said the
jurors were more set in their opinion than
they We're Saturday night, and that the
wheels were locked
We'll, gentlemen" said Judge Nicol Il
do not want to keep you always but |
would like for you to give the case con-
slderauon once more ThereupOn the
turymen filed out of the court room. At
l2:2o O'Clock they had not reached YER
dict
1t is stated on good authority that what
ever be the outcome the case will be carried
to the court of appeals.
At O'Clock this afternoon Judge Nicol
called the jury in the Daingerfield will case
and asked If a verdict had been agreed
upon. Foreman Harlow replied as he had
this morning, that he believed it to be inn
possible for the jurors to agree Thereupon
Judge Nicol discharged them Attorney
Burke for the contestant then moved to
have the case tried over at the special term
beginning April II. Attorney johnson for
the contestees objected, saying he would
have to take some dispositions in Baltimore
and would not be ready by that time. He
suggested the fall term for trial Judge
Nlcol said ne would not force a trial at
the special term, but would be ready to try
the case if counsel were also ready. 1t is
not settled at which term the case will be
retired