Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-28

I
Pritchard is the heirat.law will be-
come important.
While tho papers we're being offered
| in evidence Monday morning, the court
ruled that papers dated alter October
10th, 1888, when she gave power OF
attorney TO Henry Henderson, could
not be admitted. But after Henderson
had testified that he took the state
ments direct to his mother, made settle
nent with her, and afterwards found
them in her trunk. the court admitted
| them.
In reply to Mr.. Whiteman, Hender-
son said that he had had difficulty
with Mrs. Sarah Bullock over o store
| bill. He was asked as to whether he
had had any difficulty with Mrs. Kate
| Wicks, but was not allowed TO say so,
heoaue no notice had been given Mrs.
Wioks when she was on the stand.
Thomas A. Carr was called by Mr..
Constable, for the plaintiff. out of the
regular order and before Henderson hae
been cross examined. He said be live
at BALDWIN. Cecil county, Md. He
said he was in Wilmington about 10
years ago with a Mr.. Dale and they met
MIR. Henderson.
The defendant had sworn that he
never saw Dale in this CITY. Tho court
ruled that Carr could not be further
examined, his testimony being supple
mental to what had been offered by the
plaintiff in chief.
Then Mr. Constable took up the
cross examination of Mr.. Henderson,
the defendant.
In the course of it he tried to show
| that Mr.. Henderson had not brought
his son into the court because of fear
of his testimony. The court held that
it was rot proper insinuation unless
facts we're produced to establish the
truth of it. Mr.. Constable was (tiying
to explain the line of proof he desired
to make, but the court said it under
stood the matter.
IF you don't want me to cross
examine the witness, exclaimed Mr..
Constable, tell me SO.
Chief Justice Lore reminded him
4 that the questions we're not in cross
amipation OF anything that had been
adduced in chic.
Mr.. Whiteman said IL counsel desired
young Henderson brought, he would
be there Tuesday. Joseph Egner, who
is also wanted by the plaintiff, was
reported as i'll with consumption, hut
MIR. Constable declared that he was
| walking about.
Mr.. Constable declared that he war ted
TO show that full light was not being
| thrown upon the circumstances OF Mrs
| Pritchard's last illness for persons
we're about, among them the boy Joseph
Egner, who ought to be present to tell
what they observed. Henderson, he
said, took both of them over to the
Hartford county trial, but had not
brought them here.
/ After the court had ruled Mr. Con.
stables line of questioning az insd-
misssble, Mr.. Higgius asked to be
heard, and after he had spoken Judge
Pennewil asked him: do you mean
that IL this witness does not produce
witnesses to help your oase, that affects
| his credibilityS" Mr.. Higgins did not
mean it that way. go"
Mr.. Constable was allowed to ask
Mr.. Henderson as to other witnesses
who had not been produced One Of
these was Samuel Stewart an attesting
witness to Mrs. Pritchard Is will. He
gave me to understand" said Hender-
son, "that he did not have to come;
that Mr.. Constable had told him he did
not have to come" Hf4
Speaking of Eli Wherry, the witness
said: Il could not get him to, come I;
he told me that Mr.. Constable saId he
did not have to oome.''
81 have not seen him since the trial
in Hartford - declared the attorney. y
Henderson denied that he told any
body that his mother was acting child
ish, and said he never told Steward or
j.. I. Cole that he thought OF sending
her to an asylum.
Witnesses for the defence and wit
nesses for the plaintiff In rebuttal were
heard ut Monday afternoons session
of the Superior Court, in the case of
John Pritchard vs.. Henry Henderson,.
For the defence, Benjamin e. Mason,
an undertaken, said he embalmed Mrs.
| Caroline @. Pritchard's body, and it
was In good condition. Frank Greer of
| Pleasant Hill, Md, said Henderson
Eever asked him to tease Mrs, Prjtch-
ard William b. Kirk of Blue Ball,
Cecil county, Nd. bought some calves
| from Mrs. Pritchard and ahe acted in a
businesslike way. He believed she was
of sound mind. Ralph L. Anderson
considered Mrs. Pritohard OF sound
| mind.
Charles III. Ten Weeges reg istry clerk,
testified as to the location of the prop
erty of Mrs. Pritchard in this city, on
Church, Peach and Claymont streets.
| j. Z. Cole OF near Pleasant Hill, Md.
was called by the plaintiff and asked
concerning Mrs. Pritohard. On his first
meeting with her in 1897, she seemed
to be all right as to her mind In 1894,
he saw her again every few days, and
one day she asked him to take her to
Elkton. She SAID neither Henry Hem
| derson nor Jacob Egner would take her,
and offered to pay him well for taking
her. She said she wanted to see her
son John. at Turkeytown. She remarked
that "they were robbing her of her
money, and she would rather it would
| go back where il came from than that
they should rob it from her. He asked
her whom she meant and she said
Henry and Jacob. y On another
occasion, be was holding lantern for
her. and she said; "My, you look like
your father; believe you are better
looking than he. - 81 thought she was
pretty sane, then,n remarked the wit
ness and the audience laughed heartily.
Mr.. Cole continued that Mrs. Pritchard
told him she had had three children, OF
whom one was dead, and Henry and
John were the living ones. Henderson
had told him once that she was getting
/ peevish, and he was afraid they would
have trouble with her, aud might have
to send her to an asylum, although he
did not like to do it. She became of
rather pitiful appearance, as if cowed,
and OF not of as strong mind as when
he saw her in 1887. He heard Hender-
son order her out Of the store once be-
| cause she bothered him about feeding
horse. Asked as to her ability to do