Waterbury evening Democrat., 1903-10-30
SCADDEN-LAWLOR CASE
The Late Michael McGivney's Mon-
 ey, Bone of Contention.

VI Juuge WAeeler and the Jury In the
 superior court today was that of
 Mary A. Lawlor, administratrix, vs
 Thomas Scadden ct al, for the recov- cry of $1O,OOO which 1t is claimed the
 late Michael McGivney who lived on
 Railroad Hill street gave Mrs .Scad. den short time before his death. i Deceased and the defendant lived in the same house, the former occupy ing merely a room or two Some months before his death he distribut- ed his money, about $32,O0O in cash, to friends, relatives, .acquaintances and neighbors, but mostly to friends and acquaintances it was claimed. Most of his relatives received nothing. Plaintiff was a niece and is ona of those, who seemed to have been over looked by McGivney.
 ] Mrs Lawlor testified this morning that for some time before his death McGivney seemed to be in the entire care of Mrs Scadden. She had free access to his rooms at all hours. One night in May, 1896, witness went to see him. She went to his room and he locked the door She asked him l why he did that and he said he was afraid of her, meaning Mrs Scadden. On another occasion he got the idea that his money in the bank, which at that time was about $25, 900, would be safer in his rooms than in the bank. MT. Curtiss, cashier of the Citizens bank, where the money was on deposit spoke to witness about this and she saw her uncle about it and convinced him that $25,OO0 was too much for a man of his age to have about him. He had no idea that by drawing the money he would lose the interest, or that he was inviting dan- ger by such step. The result was that he did not withdraw the money. One morning of the year in which he died, plaintiff called to see him, Ilt found him locked in. She called him to the window and he told her that Mrs Scadden had locked him in He also said his health was feeble. Tn November of the same year he gave her $100, and in May he gave $500 to the Rev Father Gleeson for q win dow in his church. A few months later he spoke about this to Mrs Law Tor and he produced a receipt from Father Gleeson for the $500. He cried that time and asked witness to see that Mrs Scadden was not around He said that he was pestered to death by people asking him for money and that not another penny would be given away until after his death. He said MT Scadden and Mrs Scadden were al- ways teasing him for money to send away.
 Tn April, 1896, MT McGivney told plaintiff that he had made his will ahd that he had given her family more than any other of his relatives be- cause her father was his favorite brother. He gave her the will to take copy of it so she would know it's provisions, and she took a copy of it, At that time he had in bank $24.c01 odd. Tn June. 1902 he had talk wi h her about his property and told her he had provided for her family. At that time he had $32,O13. He told her that her brother, the Rev Patrick Me Givney was executor of the will.
 Under cross-examination Mrs Law Tor denied there was ever any diffi- culty between her family and the de- ceased She maintained they were always on visiting terms. Several times he visited at her house.
 Attorney O'Neill tried to show there was trouble between the families over a certain lot, but Mrs Lawlor insisted otherwise Tt transpired, however, that there was some talk about a fence or we'll and that MT MeGivney cried and that Mrs Scadden told the old man to get into the house and In fact pushed him in and said 1t was 8 shame to make him cry, whereupon some one else said to Mrs Scadden she ought to be ashamed of herself for taking his money.
 Witness first learned of the old man giving away his money through the newspapers and she did not know MT | Scadden until about the time deceased | made his first will She knew there | was $32, ,OOO in bank because she made up his bank book, and she told him | the amount. It was at his request | she made up the bank book. A few | days before her sister Annie had | made it up. but he had forgotten the amount if represented. He never told | her of a second will, or that he had | given away $32,0o0 in that will and | that subsequently he discovered there was a mistake in the book and that he did not have $32,00O in bank and that it was necessary that he should make | another will and in fact did have a | second will drawn up by Attorney Gillette. The papers containing the story of the old man giving away his money were here introduced and Mrs Lawlor said the only one she had seen was the Democrat.
 Regarding visit to the old man witness related that MT Scadden ask ed him for S1O0 and that when he went to the bank to get 1t he saw Mrs Scadden there and~ she told him that $1OO would be no good; $2OO was necessary and he gave him that amount.
 In all the old man gave away $22,- GOO, divided thus: Mrs Bridget Thomp- son. $5,O0O; Philip McGiyney, $5,OOo; Mrs Casey, Naugatuck, sister, $4,- 900; Mrs scadden, 5000 and Mrs Michael Donnelly, niece, $4,OOO.
 Tn the case of Henry B. sanderson