Waterbury evening Democrat., 1903-11-04
GABLE CARS COLLIDE IN FOG
scADDEN-M,GIvNEY CASE.
Evidence for the Plaintiff All in Be
 fore Noon.

fore Noon.
 Miss Annie MeGivney, a teacher in the Bank street school, told what she knew about the Lawlor-McGivney case in the superior court yesterday afternoon. The indications now are that this case will run the whole week.
 Miss McGivney told of the provls ions of the will, which has not been disclosed so far. and which every ef- fort made has failed to reveal. She said that so far as she could recall the will gave $3,000 to Philip McGivney; S, ,OOO to Kate Scadden, one of the de- fendants; $2,0O0 to Mrs Bridget Thompson; $1 ,OO0 to Rose Thompson; !; $500 to Margaret Commerford: $500 to Ellen Commerford $500 to Nicholas Commerford; .$2,000 to Rev Patrick Nc Glvney; $2,00O to Rev John McGivney; $1 ,00O to Mrs James Dwyer; $1 ,O00 to Rose Finn; $1 GOO to Annie McGivney, the witness; $1, ,OOO to the plaintiff, Mrs Mary A. Lawlor; $500 to Rev Father Gleeson, for window in his church; 5000 to sister in Ireland, and $500 to the Stanley children, making in all $22,
 Miss McGiyney corroborated the evil dence regarding the alleged ill-reat- ment of her uncle; of his constant fear of the Scaddens and their demand for money ''to send away" and of his be- ing locked in the house and sometimes out of the house. She said that she often heard him say that but for the kindness of Rose Finn and Mrs Dwyer he would have to go to the poorhouse. [ I,sr, ey from the bank, but the cashier, Mir Curtiss, induced him to delay drawing it and meanwhile ascertained who his relatives were and through them per suaded the old man that his money was safer in bank than with him.
 She once saw him locked out of the house and another time saw him shout ing for help in the yard with his arms raised over his read. She ran to his assistance and Mrs Scadden rushed at him and pushed him into the house.
 One day in July, 1902, she visited her uncle, with her sister, Mrs Lawlor. Mrs 'Scadden said to them that it was shame to tease the old man and they replied that it was a shame for her to take the old mans money. Mrs Scadden answered that they would take it themselves were they given the chance. A few days after the report CT had been to the house to see about the old man giving away his money Mrs Scadden said to witness that she was given $5,OOO and that if she wished to make any trouble about it to go ahead Witness said she told Mrs Scadden that that was taking ad- vantage of her s'baihy," the name by which the old man was called.
 The plaintiffs side closed before noon, the last witness being Miss Me Givney.
 Thomas Reynolds was the first wit ness for the defense. He said the Scaddens lived In his house on River street about a year and then moved to McGivney's place at his request. The old man promised them the house he occupied and owned Attorney Gil lette testified to drawing two wills for McGivney. The first was drawn about five years ago. He identified a deed drawn by him for McGivney, giving a certain piece of property on Railroad Hill street to Catherine Commerford in consideration for the love and affection she had for him. This. paper was dated April 2s. 1896. and in it NfcGiv- ney. reserved his life interests in the property As to the will, he could not say that Thomas McEvoy or Thomas Scadden one of the defendants, or Michael Donahue of Spring street were witnesses to it. or that the Rev Pat ric McGivney was executor. Neither could he recall the name of any of the legatees in connection with the first will. only that of Scadden and Commer- ford. The latter, he thought, was men toned several times. But he could not say that the name Lawlor or McGivney was mentioned at all.