Waterbury evening Democrat., 1903-11-06
ATTORNEYS AND BANkMAN
Appear as Witnesses in LaW;or-
 Scadden Case

Would Not Be Pleased If He Knew, After AL That the Lawyers will Get Some of His Money.
 The Lawlor. Scadden case still con tinues in the superior court. It was thought when assigned that the case would not last more than few days, but it now seems it will run into next week. This made the sixth day of trial. The hearing is by no means tedious. though there has been good deal of repetition. On account of the large number of witnesses this was necessarily so, for it is the object of one side to show that old man McGiv- ney, uncle of the plaintiff and of the defendant as we'll, was weak mentally and under the influence of the defend ant. while the defense tried to maintain he was both physi- cally and mentally strong, able to take care of his money and himself, and, Ill 1 fact. did take care of it. The evidence | toward the close of yesterdays hear l ing tended to show that the old man desired to give his money and his real estate where it was most needed, to the Scaddens, Philip McGivney and l the others who got 1t in chunks Of $4,- GOO and $5,0O0 at a time, and that the plaintiff and her family did not neeu such help, or, to quote the evidence, | .sthey had enough Attorney Gillette has testified that the old man was men l tally sound whenever he did business with him. notwithstanding that he> deeded to Philip McGivney a lot which, according to fhe description h the deed. does not exist Nevertheless. McGivney is in possession of some land supposed to be that conveyed in the deed Attorney E. F. Cole also testi- l fled the old man was all right in every l respect. and yesterday James Ryan, l a, coachman and one of the old man s tenants for some time, testified he was mentally strong He differed from some of the other witnesses for the de l fense in his evidence relating to an al l legged quarrel over certain sheds in a
 back lot and a we'll. He knew of no such trouble and he always regarded | the old man as cute and careful and always insisted upon his pound of l flesh.
 An important witness was +. B. NIerriman, bookkeeper In the Water bury Savings bank, who was a strong l witness for the defense. Attorney Kennedy of Naugatuck was another vital witness for the defense He said l that he did some business for Mir Me I Givney and the Scaddens. He was Ical1ed in to settle dispute over q
 boundary line. The old man was sur
 prised one day to be modified to remove
 some sheds off the back lot already l referred to and he was greatly sur l prised. for he was under the impression l that he owned that lot. At that time
 Mrs Scadden asked Mir Kennedy if it
 were necessary for the old man to
 make his will, and Mir Kennedy an 1 swered that having nothing to will it l made no difference.
 l John Bergin of South Main street l testified this morning that he knew l McGivney very well for the last twen-
 ty years of his life. Several times he
 spoke to witness about distributing his
 money and witness advised him 1t was
 the best thing he could do, but not to give 1t all away. McGivney thought the best way to distribute it was by
 will and witness suggested that it was
 better to distribute it, because there may be trouble over the will, in which { l and Judges and court.
 He cited to him several cases where
 there was law over wills, everybody interested in. them got fighting, and the lawyers got a deal of the property involved in consequence. Mir Bergin held a mortgage on Philip McGiyney's
 property which was paid to him one
 day in April or May last. Witness, l Philip McGivney and the old man met | in Attorney Gillette's office where a
 release of the mortgage was drawn up.
 They then went to the bank. where he l was given check for S5,OOO. Tn his opinion McGivney was mentally sound. Rev Father Gleeson, pastor of St
 Patrick's parish. testified that he had I several interviews with the old man
 and that the latter suggested to him l the building of an altar in St Pat I rick's. Ultimately. though. he with l drew this idea and suggested a window l to cost $500. He tried to withdraw also
 from this suggestion and thought $500
 would suffice for the window. But i witness kept him to his agreement. As
 to whether he could be influenced wit
 ness could not say.
 l Rev Father Sullivan formerly of st
 Patrick's but. at present at St Thom-
 ass, testified that in his opinion the
 old man was mentally sound.
 At short calendar in the superior
 court this morning it was arranged
 that the cases against the nine boys
 charged with complicity in the Faber
 switch assault shall follow the hearing
 of the Lawlor-Scadden case. which is expected to finish on Wednesday,.
 In the case of Ervis E. Wright vs
 George !. Atkinson for S10OO0 damages
 for alienation of Mrs Wright's affec-
 tions. Judge Wheeler in the superior
 court to-day ordered special bail of
 10000 to be furnished in two weeks.
 DEAD IN THE MINES.
 Smoke from Fire Suffocated Several