The times., 1899-04-04
DAINGERFIELD Case
WILL Be TRIED AGAIN
The Jury Unable to Agree and
Is Discharged.
Six for Sustaining the Will and Six
Opposing 1t.
4 RctrinI Not Likely to he Had He
fore the September Term
of Court.

Alexandria. April 3.-The jury in the
Daingerfeld will case at 2 o'clock this
afternoon announced its failure to agree
upon verdict. The ease will be retired,
perhaps at the September term OF ,ourt.
When Judge Nicol took his seat this
morning at . O'Clock, he addressed the
jury and expressed the hope that they
would be able 10 reach verdict. He
comDlimented the jury. He stated that
he fully appreciated. their services and ii
was not the desire of the court TO further
tax their patience.
The jury retired Immediately, and at
12:20 O'Clock returned into court, when
Foreman NJ. B. Harlow stated that it was
impossible for them 10 agree upon a ver-
dict, He asked for further Instructions,
which were furnished by the court, with
the request that another effort be made to
reach an agreement. Shortly after .
O'Clock this afternoon Foreman Harlow
again addressed the court, and stated that
the jury had carefully gone over the
evidence, Instructions, etc. They had
found it impossible TO reach a conclusion,
as each member was decided in his cpin-
ion. and he did not think it possible to
come TO an agreement The jury vas
thereupon discharged.
ing the will-W. II. May, B. Baer, j. p.
Robinson, r. L. Field, 5. B. Fisher. and
A. ID. Bracket. Against the will-M. B.
Harlow, J. a. Marshall, J. r. Chapman,
F. S. Harper, X. L. Monroe, and S. II.
Lunt.
Judge Nicol stated that he was willing
to allow the case TO be heard at the special
term, to be held on the 18th inst, but had
been advised that counsel for Mrs. Eftie
n ,..lI Il Il l.At f1af
time. Should he, therefore, not conclude
to call another special term, the case
would be set for retrial at the regular
! September term.
| ON account of the interest taken in the
proceedings by the residents o; Alexandria.
| il is conceded that il would be imp Jzsi5ie
to secure a competent jury from this city
to hear the case on retrial. Thousand
of persons visited the Circuit Co4rt du *
the trial, and the developments in the pro-
ceedings were argued on every street cor
ner. and 1t is safe 10 say that at least every
qualified voter in the city formed, If he di |
not express, an opinion in regard TO tn
case. 1t is thought tnat a jury viii be
( summoned from Fairfax or Prince William
| county to sit in the case at the next trial.
| 1t has been suggested that a compromise e
might be effected between the parties to
| the suit, but those who are in a position TO
| know say this is not at ali probable, and
that whatever may be the result in the Cir
cult Court, the case will be app 4 ed 10 the
State Supreme Court.
| The occasion of the suit just ended, in
brief, is: Mrs. Eliza r. Dsingerieid was
! the mother OF Reverdy Daingerfield and
| Henry Daingerfeld. The former married
! Miss Effie Nichols. OF Maryland, and thG
! latter married Miss Virginia Key, of g
| distinguished Maryland family. The two
sons died about FIVE years ago and in 1888
| Mrs Eliza Dainger6eld died, bequeatnine
in her will. executed about six months prior
| to her death, all of her estate, now valued
| at $50. 900, to the widow of her son Reverdy
| in trust for his four children, assigning foi
! her reason for cutting of the five children
OF her son Henry that their fathers estate
was sufficiently large TO provide for their
needs d.
1t developed at the trial that the testa-
| trix had since 1880. and prior TO the death
| Of her son Henry, executed two wills. in
| which she had made an equal division ot
her fortune between the two sons. The
! contestants to the recent suit attempted
/ to prove that Mrs. Eliza Daingerfield hat
| been unduly Influenced in the execution o.
| her last viii by the family OF Reyerdy
| Daingerfeld; that she did not have the
mental capacity 10 execute the paper, and
| that the will was unnatural. These were
/ the questions which twelve OF Alexandria
most prominent business men were unable
| to determine