The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1908-10-09
In the Famous Gontrove rsy Of
the Vast Armstrong

Though the suit IN circuit court
here over the Adolphus Armstrong
estate at Grafton estimated in value
at fully 100000, is ended SO far
as the Butcher trial is concerned in
this city, yet the litigation over The
estate has not reached the final con-
clusion. and stilI another suit is, soon
to be tried in the matter, to break a
will in the case.
The suit here was styled John r.
Butcher against sidney SommervilIe
ana Others and on its face was to
dispossess the defendants of certain
property in Taylor county, but the
real object of the suit was to deter
mine who Armstrong; mother was.
the families of Casper and George
Butcher, both deceased, brothers,
claiming rightful heirship.
After all evidence In the case had
been taken covering several days, ar
gument was made before Judge
Chrales w. Lynch by Judge NJ. H.
Dent, counsel for the defendants,
on a motion to instruct the jury to
return a verdict for the defendants,
which motion was resisted by Davis
and Davis, counsel for John r. Butch
er. the plaintiff. The conflict be-
tween the two. sides was as to who
was the mother of Adolphus Arm
strong, an flIegitimate child, wheth-
err Sallie Butcher, daughter of George
Butcher, or Polite Butcher, daughter
of Casper Butcher. The plaintiff is a
descendant of Casper Butcher and
the defendants represent the family
Of George Butcher, a brother OF Gas
oh, n6
the motion of the counsel, Judge
Dent, for the defendants and the jury
was instructed to return a verdict in
favor of the defendants, representing
the side that claims Sallie Butcher
was the mother of Adolphus Arm
strong.
Judge Dent made a-powerful plea.
Attorneys who heard 1T said it was
one of the most mastery ever made
at this bar. He took the ground
that the preponderance of evidence
favored the proposition that Sallie
Butcher was the mother of Arm
strong. He argued that such pre-
ponderance ought to have been on
the side of the plaintiff, to warrant
the bringing of the suit. Chain at
ter chain of the long ldrawn-out evil
dence was taken up by Judge Dent
and no point was left unturned. The
plea was earnest and sincere.
His argument was vigorously re-
sisted by opposing counsel, but Judge
Lynch was evidently Of the opinion
that the plainttn hadn made out
his case.
1t was brought out in the trial
that Adolphus Armstrong died at his
home at Grafton in February, 1907,
intestate, leaving an estate of some
100000 in bonds, money and lands.
HE had one sister-Louise Arm
strong. Both were illegitimate child
rem of Maxwell Armstrong, who re-
sided in Clarksburg. ,Adolphus was
born in Lewis county. w. Va, then
Va, June 10, 1923, and his sister
Louise, in the same county, in 1925.
The place of their births was near
Jackson's mills.
Adolphus Armstrong was brought
to Clarksburg by william Butcher.
an uncle, in 1899 or 1910, and placed
in the hands of Granville G. Davisson,
clerk of the circuit court. He was
made a deputy clerk 1894, and In
1876 he was appointed deputy clerk
for Taylor county but then formed
and stationed at Pruntytown and In
1913 he was: appointed circuit clerk
of Taylor county. He resided In
Taylor county from that time up to
the time OF, his death. and accumulat-
ed vast amount of property. He
was admitted to practice as law
yer. He never married.
sallie Butcher. daughter of George
Butcher, after the birth OF Arm
strong and his sister, Louise, claim
ed by the defendants to have been
her children, married Alex Goldsmith
and they had one child, John William
Goldsmith, before moving into the
state of Ohio, where they resided a
number of years and where Sallie
Butcher Goldsmith died. Their resi-
dence was at Stafford, Monroe conn
ty. O.. and they dropped Gold" on
their name and were known in Ohio
as Smiths.
Sallie. mother OF Armstrong and
his sister Louise, as claimed by that
side. died at STAFFORD. o., in 1883
and Louise died in June, 1907, at
that place, after she had become the
sole heiress of AdoIphus Armstrong.
John william Goldsmith had died
| previously and left a widow, Tena
smith, as they were known in Ohio,
who now resides at Stafford. and was
a witness at the trial here.
After the death OF Armstrong AZ