Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-03-28
DAINGERFIELD WILL CASE.


was dismissed until ten o'clock this
morning and arguments of counsel be-
gan as to the admissibility of certain
evidence. The counsel for Mrs. Vir-
GINA Daingerfeld urged that certain
matters which had brought Mrs. Effie
Daingerfeld into unenviable notoriety
should be investigated, while the coun-
sci representing the latter urged that
such procedure could in no wise inyai-
date the will, and was therefore unnece5-
sary and inadmissible.
Mr.. Burke began by marking out
line of evidence which would be pro-
duced tending to show that the tesla
trix, Mrs. Eliza Dsingertield, had re
ceiyed shocks to her system and feelings
which were calculated to make her OBJ
livious to the claims of those allied to
her by blood relationship. Counsel
had right, he maintained, to show all
that hsG trsnspired in the house OF the
testatrix which was calculated to cause
the latter to make such q will as was
being contested; also to ascertain II her
mind at the time of making the will
was in condition to formulate sucn a
paper. He referred to the Asbury Park
scandal and the suicides which had oc-
Cured in the Dsingerfeld family, and
the alleged effects produced on the
mind of the testatrix, which he urged
disqualified her for properly conducting
her own business. MIR. Burke said
hostility had subsequently been shown
by Mrs. Eliza Daingerfeld for Mrs.
Virginia Daingerfeld, which was uuac
countable, and in the face of the fact
that it was Mrs. Effie Dainger6eld who
first excited her animosity, it was ap
parent that some undue influence hsd
been brought to bear upon the tesla
trix when the will was prepared.
Mr.. Johnson followed. He said all
Mr.. Burke had said would have been
opportune had the court been investi-
eating the cause of insanity. The
shocks Mrs. Daingerield had received
were no doubt great, but whether or
not she was insane is the issue, When
it was once proven that her mind was
unbalanced, it would be time enough to
examine into the cause. There was,
however, no evidence to show she was
of unsound mind. On the contrary he
said it can be shown that on her death
bed her mind was perfectly clear and
when the hour of her dissolution came
she manifested the same digni6ed de-
u1eanor as of old. He urged that the
other side had no right to bring in ties
imony concerning the character OF
testators or beneficiaries in order TO
sustain the charge of undue influence.
He read authorities in substantiatioD
of his statements.
MIR. Moore replied by saying that
there was g wide difference between
testimony in will cases and that
brought to bear in other issues. In the
former, the testator or testatriX being
dead, it was necessary to bring in many
circumstances in order to establish facts.
He also read from books to prove his
standpoint. If, therefore, it could be
shown that the principal legatee had
used undue influence upon the tesla
trix the evidence should be admissible.
MIR. Hunton followed Mr.. Moore.
He argued against the admissibility OF
evidence concerning character in the
case at issue, and quoted from text
books to prove his point. The charac'
ter of the legatee, he showed, did not
enter into q case where will was con-
cerned. He spoke at length TO show
that character was not an issue in this
case, and thoroughly reviewed all the
facts in connection with Mrs. Danger
fields will and the events which pre-
caded and followed its execution. He
urged that the scandal which happen.
ed six wears before the execution of the
testatrix's will was matter totally ir-
relevant at this time. He pictured the
origin of the scandal, which, he said,
had been subsequently explained; that
it was caused by a drunken mans act
which the latter had finally made clear
by his own statement, in which he
exonsrated the lady from all aspersions
of improperly.
At the close of the arguments, about
6 o'clock, Judge Nicol adjourned the
court until 10 o'clock This morning,
stating that he would take the matter
under consideration, and rule on ii to-
day.
The court was called to order prompt
ly at ten o'clock and the jury took their
seats. A large number of spectators
we're present.
After the minutes of yesterday were
read and approved, Judge Nicol stated
that he had concluded to admit the
testimony concerning matters connect.
ed with Mrs. Effie danger field, not as
affecting the standing OF the legatee or
the validity of the will, ibutiwhether or
rot the scandal so shocked the teststrix
as to affect her in any way in making
her will. The matter did not involve
the falsity nor accuracy of the asper-
sions cast upon Mrs. Etiie Dainger6eld,
but it was for the jury to determine
whether or not the affair produced
serious shock to the mental powers OF
Mrs. Eliza Dainger6eld.
Mr.. Henry Dainger6eld was subse
quently recalled to the stand. He test
fled that his grandmother had received
severe shock by the Asbury Park af-
fair, with which she was familiar 1t
bad been common matter of talk in
the house. Witness was urged to de
scribe the scandal as printed and illu
strated in the papers at the time during
the summer of 1890. His grand-moth-
er had talked TO him concerning the
affair, and kilograms had been received
in the house in connection with it.
Members of the family were ashamed
to appear in the streets for some time
subsequently. Considerable discussion
then followed between counsel as to
whether or not letter purporting to
have been written by the teststrix in
uhioh sha referred to the soa1.