Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-04-03

WIZ OuC VI llIO blC
other side put upon the stand. she was
not in the house al the time all these
things were going on. Those who
were and who could have testified to
scenes which would have been vital Ia
the case had veil drawn over them.
MIR. Burke said the many particles OF
facts which had been brought out in
the evidence had evolved into an edi-
flee OF truth which was unassailable.
He rapidly went over the history of
the case, and said it was the most IN
paraileled procedure in cases of tesla
mentary acts in this city. He earnest
ly appealed to the jury in his closing
remarks to consider the case in the
| light in which he had presented 1t.
| There was. he claimed, nothing to show
that Mrs. Elite Daingerfeld did not get
the money with which she participated
in stock gambling from her mother-in-
law. He read from the latter's bank
book in order to show her eXtraordi-
nary expenditures, and inferred that
much OF the testatrix's funds were de-
voted to that purpose. During Mr..
Burke'5 address he made many allu-
| sions to the humorous side of the case,
especially to young Mr.. Henry Dain-
ger6eld's ruse to obtain money from his
grandmother.
Mr.. Hunton, who was to close the
arguments, arose shortly before eight
/ o'clock and commenced his argument
before the jury. He began by saying
that his physical condition was not
equal to the demands upon him, but
would do all in his power to present
the case before the jury in all its va
ried aspects. He had no special pow
ers of invective nor sarcasm, as had
been previously manifested with argu
ments, but he would endeayor to pre-
sent his side of the case in fair man
ner. The objection raised by the other
side that the will had not been read TO
Mrs. Daingerfeld could be easily re-
| moved. 1t would be remembered that
two wills had been prepared by Judge
Norton for the testatatrix, both con-
aiming substantially the same provls
ions, and the interview OF the testatriX
with Mr.. J. T. Burke, il which the will
was the subject OF conversation, and
the fact that Mr.. Burke told her there
would be contest over it, proved con
clusively that Mrs. Daingerlield was
perfectly familiar with its contents.
Her subsequent act in sending for
Judge Norton and inquiring of him
concerning its invalidily and its pro-
visions proved beyond all doubt that
she had carefully studied the entire in
strument. The speaker said further
that Mr.. J. T. Burke had up TO that time
been ignorant Of the fact that the de-
ceased mad made 8 will. The second
will contained substantially the same
provisions as the first, save such neces-
sary alterations as had been occasioned
by the death Of her son Reverdy. Mr..
Hunton alluded TO many other circum-
stance in connection with the case
which had been brought out in the evil
dence which tended TO show that Mrs.
d. had carefully read and studied the
provisions of the will. The speaker
subsequently, dealt with the allegations
that undue Influence had been brought
to bear upon the testatrX which caused
her 10 bequeath her property to Mrs.
Ellie Daingerfield and her children.
He contended that no evidence what
ever had been produced TO substantiate
such a charge, and had there been
such a thing as influence proven it
would not necessarily invalldate the
will as had been proven in many cases
where those of blood kin had
made suggestions TO testators and
testatrixes. But the evidence all
showed that Mrs. Daingerfeld had,
by her own volition, conceived and
formulated her will without suggestions
from any one. She determined to make
the will, wrote the memoranda for the
same, went to her two grand-daug
told them her intentions and took them
to her room to further discuss the mat
ter. Her granddaughter had called
attention to errors in the memoranda,
aud had offered to correct them, but
the deceased had taken the notes from
their hands and corrected them herself
| Did any of these facts argue that inilu-
ence had in any way been used. Didn't
the testatrix ask the young ladies to
select such siiverware as they desired :?
| The speaker then reverted to Mrs
Daingerfeld's interviews with Mr.. Burke
and Judge Norton regarding the pro.
visions of the will. and called attention
10 the fact that she was memorable
when suggestions had been made by
these geutlemen-sll of which proved
that she had carefully studied all in
connection with what she was about to
DO. Mr. Hunton further analyz4d the
testimony, and showed where some OF
it had been totally disproved. For
| instance he said the evidence OF Messr5.
Ramsay, Hellmuth and Pullman COM
pletely refuted that of Mr.. Henry Dam
| field, which was to the effect that his
| grandmother stopped purchasing from
| these gentlemen when she learned they
we're buying produce from the farm
belonging to the heirs of her son, the
late Henry Daingerfeld. He ruled all
the witnesses testimony out by this re-
buttal evidence according to the max.
m-ab uno disco omnes. He referred
10 much of the evidence given by this
witness in anything else than compli-
mentary terms. His grandmother, MIR.
Hunton said, had put bread in his
mouth for twenty-five years, had
clothed him and suffered constant
| strain for money. Now he appears as
a star witness against her. The speak.
err further pictured the witness (whom
the speaker on the other side mad high
ly praised) as iDdolent, resting most of
the time he was employed in the South
ern Railway shops. and said his .esti-
mony had been negatively denied by
his own mother, as she had failed when
on the stand to corroborate it. He asked