Evening star., 1899-04-01
THE DAlNGERFlELD WILL
Argument Begun in the Case on Trial al
Alexandria
Points Made by the Attorney for the
Contestees Prayers for In
structions to Jury.
Evening Star Bureau.
No. 121 King Street,
paIl T,eIanbaup No 1OG
Ibt-fI y It7N7IfN
Va, April /. 1899


ALEXANDRIA. Va. April /. 1899.
The sixth, and in all probability the final,
day in the Daingerfeld contested viii case
opened before Judge Nicol in the circuit
court at $50 o'clock this morning, half
hour earlier than usual The ennui mani
Tested yesterday by those connected with
the proceedings was even more pronounced
today, for, as Attorney Johnson remarked to
Judge Nicol, the mental Strain upon the
attorneys particularly had been very Sc
we're.
AS stated in The Star. the hearing of evil
dence both sides was practically closed
yesterday afternoon. AT the short session
of court last night, however. Mr.. Robert
Elliot. whose evidence, before given. had
been incomplete, was allowed by Judge
Nicol to be recalled.
MIR. Elliot testified that he had inspected
the land known as the Island Farm" in
Alexandra county, part of which be-ong-
ed to the estate of Reverdy DainSertield.
and considered that in 1886 il was worth
$40 per acre.
Mr. Julian T. Burke had estimated it at
800. Witness also differed from Mr.. Burke
in regard to the valuation of a certain lot
in Alexandria city belonging to the estate
of Reverdy Daingertied Mr. Burke had
considered it worth 5000. but witness
thought it would bring $1,000.
When court opened this morning the first
uuly ueNOlNed upon Judge NiCOl-ihat OF
giving his instructions to the jury. The
matter had received his close attention last
night after counsel for each side had been
heard in discussion to the recommended
uons they wished to have presented.
Courts Instructions.
AT 9;4o Judge Nicol began to read his in
structions. He made few customary re-
marks before reading the paper, saying
that he desired to instruct the jury on the
law governing the case. He complimented
the work of the counsel on both sides, and
added that few of their recommendations
he had amended.
Judge Nicol then proceeded to read the
paper, which contained the prayers re-
Quested by the complainants and defend
ants. They were many in number. and in
cluded Instructions to the jury on points of
law and evidence.
Attorney JOhnsOn's Argument.
Attorney John NJ Johnson opened the ar
gCment for the contestees. He dwelt at
length upon the law authorizing a person
to dispose of property as he or she might
desire. He said that in former days every
one was considered, in the eyes of the law
as being sane ana of testamentary ability
Then he proceeded to define estamentary
CO pacity. The law is, he said. to call the
subscribing witnesses TO the paper and hear
their evidence that the testatrix was of
sound mind and fully able to make reason
able disposition of property. No man, said
Mr.. johnson, would affX his name ID a will
the testatriX of which was of unsound
mind. He then proceeded 10 dissect the evil
dence, which, in his opinion tended to
prove that the testatriX was of sound
mind
Mr.. johnson made allusion To A will case
decision in the state court of appeals for
the purpose of Illustration. Mr.. Moore OBJ
Jected, but Judge Nicol said he would allow
1lGIn 81.
of illustration. The speaker referred to the
moral and mental qualities of Mrs Eliza r
Daingerfeld, the testatriX. The prepunder-
ance Of evidence showed, ne said lnat tne
testatriX had all her life a remarkably
strong mind, and that she was extremely
Kind and amiable. AT il o'clock the court
took recess untf11 pm. when Mr. John
son resumed his argument