The silver blade. (Rathdrum, Idaho) 1895-1903, 1902-01-18
NO. DON'TKNOW. CAN'TACREE
The Jury Finds John 9 Brady without
Parliamentary Capacity

The Jury Finds John G Brady without
Testamentary Capacity
The taking OF evidence In the Brady
will case was finished on Saturday
evening. Monday instructions were
given and argument before the jury
made, the court room being crowded
with large audience of men and
women to listen to the Hon. Willis
Sweet ia the closing argument for
the contestants, at the evening session
Because of the jury room being &C.
cupied by the board Of county COM
mlssioners the jury were taken to the
X. p. Hall in the Russell block and
there, in the room where the body OF
the father had last lain in state to
receive the sOrrowful looks OF his
friends, the jury fought out, all the
night long. a verdict which should de-
termine the disposition, the veal or
woe, of the chic rem. At 10 o'clock
on Tuesday the jury came into court
and announced they had agreed on a
general verdict. and asked for in
structions on the special findings.
They were then taken back to the
hall, but in an hour returned and
handed in the following verdict:
In the matter Of the contest of
the last will and testament of John
9. Brady, deceased.
We, the jury sworn to try the is
sues in the above entitled matter,
hereby return our verdict and find for
the contestant and plaintiff.
L. McLENNAN,
Foreman.
The special verdict is as follows:
1. As the time Of making and ex-
ecuting the will contested herein. vas
John g. Brady OF sound and dispas
ing mind, memory and understand
ing. and capable Of making and exc
cutting the will in question?
Answer. No.
i 2. Did the testator at the time h
! signed the will in question know
what he was doing?
Answer. Don't know.
3. Did the testator at the time b,
, signed the will in question know t.
whom he was giving his property ant
) to whom he was giving the guardian
= ship of his children?
Answer. Can't Answer.
4. Had the testator, John c. Bra
dy at the time of the exc ution of tn
!, will in question. mind and memor
sufficiently sound to know and under
stand the business he was engaged in
Answer. No.
5. Did John G. Brady, at the tim
he signed his proposed last will ant
testament, consent thereto and acQui
esce therein?
Answer Can't answer.
6. Was the said instrument, pur
porting to be the last will and tesla
ment of John G. Brady, deceased
signed, sealed, published and declares
!: to be the last will and testament 0
said deceased, in the presence of sui
scrbing witnesses?
Answer. Can't agree.
T. Did the subscribing witnesses
G. e. Barker and G. w. Dyer, at tn
request of John G. Brady, or at tn
request of James Graham, by his di
e rectiUn or assent, in his presence an
n In the presence of each other, sui
t scribe their names as witnesses t
e said proposed last will and testament
o Answer. Can't agree.
e His Honor complimented the jur
/ upon the close attention they ha
n given the case and their prompt al
tendance on the sessions Of the courl
t this being the last jury case for tn
# term. Attorney Goode thanked tn
). jury as did Mr.. Graham, for the cor
It sideration given to each side OF tn
b. case, Mr.. Goode said. although bu
Il had concurred IN the verdict,
It thanked all the jury. He recognize
n the right of honest difference {
IS opinion. Mr.. Graham said he WI
d glad the jury had returned verdic
On the street, while there were r
unseemly demonstrations, it was vel
y evident the verdict had given sati
q faction. Notice of appeal was giveI
Au Awful Mistake,
re On Wednesday DIR. Schuyler, a
es companied by government nurs
!, WAS taken to Hot Springs, Arkansa