Waterbury evening Democrat., 1903-11-03
PHILIP M'GIVNEY'S MONEY.
Heardng Continued in the Superior
 Court To-day.

Heardng Continued in the Superior
 Court To-day.
 The hearing of the Lawlor-Scadden case for the setting aside of a gift of 5000 odd in cash and the deed to q house and lot worth about $2,o00, was resumed before Judge Wheeler and . jury in the superior court to-day. Mrs Margaret Dwyer was on the stan, when court adjourned Friday after noon. She was the first witness to- day. She testified that McGivney did tell her that he bad deeded a lot to Philip McGivney's son and that he was very sorry he did so. He often re- gretted this act; said it was one of the worst things he ever did. Witness never heard of a second will until the probate proceedings had been 1nstl- tuted. She did not know that this VIII gave away more money than he had. She understood that Father Patrick Mo- Givney was executor of the first Will, and Me(sivney never told her that the clergyman was not executor, but InaL he had asked to be so appointed. Mrs McGiyney died in 1896 and McGivney gave up working about thirty years be- fore he died.
 One morning of the last year of Nc Givney's life he told her that the Scad- dens had been teasing the life out or him for money and that Michael Dona- l hue had advised him to deed the house to them Witness happened to see l McGivney near the house and she asked him how he felt He said he was feeling all right. Witness denied I that she was kicking down a fence or 1 wall on the lot and that McGivney ad- vised her not to throw down the fence because he had deeded it to the Scad- dens. That morning he cried great l deal. He did not say that he had given 1 deed of the property to the Scaddens. He said that he was advised to do so I by MT Donahue. That afternoon she called upon Mir Donahue with her sis ] ter. Mrs Lawlor. McGivney and .Sead- den were there also. Witness saw the newspaper article of McGiyney's glV- ing away $22,00O. She went to his house after that, but nothing was said about the money. She did not know that Father Patrick McGivney called and asked him why he gave his money l away. She was not aware that anyone did so, and she denied saying at MT Donahue's that a conservator should be l appointed over him for giving away his money
 He said frequently that he was sorry he had given $500 to Rev Father Glee- son for window in his church because "they' were .all after him for money, and because as he had given money to the priest he could give it to them. He told witness when he got the rece-.
 from Father Gleeson that it was the last cent he would give away. This was about the last of May last year. \ About that time Mrs Philip McGiv- T neys asked him for $500: said she would l have to get it. He refused and she brought the request down to $10O, and he agreed to give that sum and set a day to draw it from the bank. On ths.
 day he met Mrs McGivney at the bank and she told him that $1OO was not any good o them. He refused then to give more than $100. but later gave I $100 more.
 o. Eugene Wilson testified to seeing McGivney only once, July 10, last year. He also saw the defendants at the same time. All were in the Scad- den home, the house. In dispute. He 1 told Mrs Scadden that he had heard l McGivney had given away his proper ty to his relatives and friends. Mrs Seadden pointed towards McGivney. He repeated his remarks to the old
 man. who said: "Yes, I did give 1t
 away. and you can say anything you l like about it." Mrs Scadden interrupt
 ed the old man with the remark that
 there was nothing to say then, and a young man who was present said to the
 old man: "You need say nothing at
 all'' MT Scadden also said there was
 nothing to say. and the old man said
 Gut it out, cut it out" Witness asked
 Scadden why he objected to the old
 man making a statement and he an swered simply that there was nothing to say just now. The manner of the
 Scaddens and the young man was all
 thoritatiye and emphatic. In witness's opinion the old mans mind was clear. The next witness was the Rev Pat rick McGivney of Middletown. After . telling of his early years in Waterbury his vocation while at college and finally his ordination, he told of his relation to the old man. He said they were al ways friendly. His folks and the ole man were always on good terms. De
 ceased frequently told witness that his father was his favorite brother. Ht was smart at figures and good work . man. The old man was always prou( 3 of so many priests being in the family ! and frequently boasted that no othel . family in Waterbury could claim & many ciergymen.
 | Tn May, '96 the old man made hi will and showed it to witness to reat | it aloud. Witness read 1t. The ex f ecutors were Michael Donahue O
 Spring street and the witness. While
 witness was reading the will the doors , of the room were locked. Every tim witness went to see him about busi
 ness the old man always locked th,
 doors before he took out his papers
 and said he did not want Mrs Scadde1
 to know his business. Witness re