Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-21
PRITCHETT VS.. HENDERSON.

LII tnb 1uDtfiOE OOuEtt Atiuts'hgsbhCAi iut vi
the ejectment case of John Pritchard vs..
Henry Henderson was begun. The former
is represented by Anthony Higgins and
Albert Constable, and the latter by Charles
b. Evans and J. Harvey Whiteman. This
case grows out Of the viii of Mrs. Caroline
Pritchard, which has been before the Cecil
county courts since her death In 1886, and
before the Court In Banc here.
In this case the main question involved
Is the hership of Henderson and his right
under the will 70 property Ia this city.
Mr.. Constable said IL would be shown that
Mrs. Pritchurd, for three years before her
death, was incapable of making will. He
stated further that her husband, Henry p.
Pritchard was murdered in 1851, and two
years lnter, Mrs. Pritchard was found guilty
of manslaughtar and for that she served
five years Imprisonment. Mr.. Constable
said Vt would be shown that Henderson was
an illegltimate child Of Mrs. Pritchard.
Mr.. Whteman objected, declaring that
counsel was making statements that had no
bearing on the case. The court let them go,
with tho understanding that II not proved,
they were not to be considered by the, jury.
John Pritchard, the plaintiff, testified that
his father, Henry. lived between hlkton
and Newark, when his father was shot aud
afterwards he visited his mother IN Elkton
| jail. He was bound out until ID, and then
found his mother In this city. She lived
| on Church street above Sixth. He visited
her several times and on one occasion she
told him that she would leave him enough
money. She had sold his fathers property.
He called her ''mother" and she called him
johnnie
What is your first recollection of your
self?' asked Mr.. Constable.
"oh, | couldn't tell you, It's been SO
long, answered Pritchard.
He was with Mrs. Pritchard short time
before her death.
On cross.examination, Pritchard says he
was born IN 1855 or 1857, in Maryland, near
| Iron Hill, he supposed.
His mother was called RED Caroline, B."
and an aunt was called Black Caroline"
For time he was In the Cecil county
pcorhouse, and In reply TO Mr.. Whiteman
said he may have been entered on the
books as "a child known rs John Prit-
chard.p John Ruley took hun out of the
poorhouse.
Under the prodding of Mr.. Whiteman as
to whether he inquired for his mother after
he left the poorhouse, he exclaimed:
81 found her all right. can't you just let
me alone? amt no lawyer.
"I'm 6Rhtin' for my fathers property
and want it, !" he declared at latter
point In his testimony.
He admitted that at one time he s1ed
Mrs. Pritchard for a years wages and got
$25.
'That didn't make no impression on
her, ;" he explained. She liked me just as
well as ever. She asked me not to sue her
again, and cried aud said wouldn't"
You're asking me too much; you might
find out more than you want, y remarked
the witness when Mr.. Whiteman persisted
In questions as TO the circumstances sur.
rounding his mother's last Illness.
Joshua Clayton of hlkton was admitted al
an attorney in the Pritchsrd case.
The General Sessions case of james
| Ralston, charged with uttering WORTHLESS:
, check, was continued until the next term.
| In Sfln0ft0F CDuft fha nj IONn Nj
, Harper d Co., vs. Tadman d Hickman, @
: L. Rathbone d Go. va. William %. Clerk
and Sarah A. Roberts vs. The Warder
3 Bushnell Glessner Co., use OF George w
8 Dunlap, ct al, were continued; William ]
Lunk vs. Mayor aud Council, Daniel w
Taylor, use of John j. Satterthwaite vs.
j. Christiuna River Improvements Co., ant
Z Frank A. Mitchell ys. Harry Yerger an,
2 Charles w. White were discontinued. Ii
! the three cases of Sailie A. Smith &C., vs
D Samuel ID. Forbes, H. FL. Ward Withdrew
4 MS counsel for Forbes.
q The value Of Caroline O. Pritchard
4 property In Delaware is said to be So, 900
so that this is the amount involved In tn
> suit of John Pritehard vs.. Henry Henderson
now on trial in the Superior Court. JON
d claims to be the son Of Caroline and there
s fore heir. at-law TO her property. Henr
n Henderson is the beneficiary under the wi
n OF Caroline. and the validity OF the will
n attacked. Before the adjournment Thursday
= John Pritchard was followed on the stan
y by Albert Jaquette. who proved a very on
" appeared that there were three Carolin
d fritchards, RED" Caroline, the Caroln
oflthis case |" Black" Caroline and " Little
m Caroline, all Of whom lived In Cecil count,
" Red" Caroline spent five years In jail
y not for killing her husband, but for bein
!, implicated in the murder of her brother-if
ii laws wife.
10 Friday mornings session of court, job
10 S. Writ of Cecil county, WIS admitted I
in practice here for this case on motion of
rs Harvey Whiteman. This makes three Al
- torneys on each side: Anthony Higgins I
this city end Albert Constable and Joshu
Clayton Of Elkton for Pritcbard; Mr.. Whit
,r man and o. B. Evans Of this city, and Nj
ne Writ of Elkton for Henderson.
u On nation Of Mr.. Constable. the cou
40 admitted In evidence q legislative act pc
r hitting Caroline Pritchard to sell land
n Pencader hundred, and deed of Apri
Vi 1868, conveying property to Caroline. I'll
ID other side noted exceptions to each point.
an Then Mr.. Whiteman offered in evi1ent
of the. paper writing purnorting to be the Ia
- - will and testament of Caroline O. Pritchar
w dated January 18th, 1896. It starts off 81
a the name of God, Amen" and AYERS tn
n the maker Is in pain and weakness of bod
tn but of sound and disposing mind al
IS, memory. She directs the payment of 81
~ her son, John Pritchard, and the givir
~ COS and Gil Chuich street, lilo Peach stree
40 and lot there, and 105 and 105 Claymo
II. street, this city, to her son, Henry Hende
IS. son. The residue Is to go to Henry.
Then Pritchard's attorneys called wi
nesses to show that Mrs. Pritehard was Il
M in the proper mental condition to make
ny will. Thomas H. Morrison, an elderly ma
70 resident of Cecil county, proved We
10 cautious witness, qualifying many answer
i'd Thus he understood" that "Red" Gar
Ike line was Henry Pritchard's wife. althouI
ed | he did not see them married. He undo
stood also that she was in the penitentiar
os but did not see her there.
While Mr.. Morrison was ON the stan
ge Mr.. Whiteman moved that all the witness
cd be excluded from the room, but the cot
lar held that the application came too late.
Albert Jaquette was called to testify as
nv RED" Caroline's mental condition.
80 said he knew har intimately and liked b,
Ire He saw her frequently and talked mu
'as with her; sometimes they talked all day.
ne, what about?" asked MIR. Constable.
err, Gen. Washington, Jackson and all tht
am people," daughter.
H. The court and attorneys tried to
~ Jaquette to tell some conversation viii
DIX might show that Mrs. Pritchard was
a unsound mind but he first said he col
lad not answer, for he had SO many CONVEX
ons tions. He did say, however, II could
nto say that she was woman that was right
In reply to the question as to whether
was OF sound and disposing mind q
memory. in his ODiniOn he said tNn eli