The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-01-30
HEMKEL WILL CASE
Goes TO JURY,
COURT RULES
ATTORNEY STEVENSON WILL Ao.
WISE cllENTs TO SUBMIT No
TEsTiMoNy. GUT FIGHT OUT 10.
suG BEFORE SUPREME COURT.

Tho Peter Henkel will case will 60
TO the Jury, This fact was settled by
Judge hosmer shortly before noon,
Thursday, after he had listened for
hours 20 the arguments OF Elliott q.
Stevenson, attorney for the opponents,
aud Washington l. Robinson, who rep
rasents the contestant, Mrs. Alice
HShksl Pennington.
Attorney Stevenson repeated HIS
arguments Of Wednesday afternoon,
charging that the Tight Mrs. Fsnning.
ton IL putting up for share Of her
grAndfather's 100000 estate 10 based
on . fabrication from beginning to
end. He argued that not one jot or
title Of evidence had been brought In
70 show that the old mans mind had
unsound mind or that he had been In.
huenoed to the slightest degree In
cutting OF his granddaughter He
argued, also. that no evidence had
been given to show that Mrs. Henlsel
had said one word to influence hor
husband In disposing Of his property.
Attorney Washington I. Robinson
contended that there was everything
to show that ehold mans mind had
been Influenced, and that he was
afraid Of his relatives. He referred to
the numerous promises made by Peter
Henkel to care for his granddaughter,
and paid particular attention to the
scene referred to In the testimony,
when, after assuring Mrs. Pennington
that he would see that she was pro-
vided for, he exclaimed: Hush, hush,
mothers coming"
After Judge Hosmer had announced
his decision not to direct verdict. an
adjournment was granted on request
Of Mr.. Stevenson, who wished for q
chance to confer with his clients.
Il will advise my clients not to put
in any evidence at this time" Mr..
Stevenson said In asking for short
adjournment, "and II have my way
about 1t the case will go to the Jury as
II Is and we will fight IL out in the
supreme court"
Mrs. Pennington a Pathetic Figure.
Drawn back into the depths Of
big arm chair, her nerves braced for
the deciding struggle in her tight for
heritage, Alice Henkel Pennington
was q pathetic and q sympathetic fig-
ure as she sat In Judge Hosmer's
court. Wednesday afternoon, listening
TO the savage attacks OF the opposing
attorneys who would have her suit for
share in Peter Henkefs estate
thrown out of court
The sight of the slender little wo-
man, plainly dressed, sad-faced. bat.
Ting against odds for what she be-
lieves her rights. had undoubtedly
aroused strong feeling among the
spectators, for every argument In her
favor brought whispers Of Appreciation
from the crowded court room. There
was handkerchief tightly clasped In
her hand as she sat there, so quietly,
listening, and at times 1t seemed as
III the tears would start when the
acts of those who are her kin were
recited by her attorney, Washington
/. Robinson, or when attacks came
from the opposing counsel. Elliott G.
Stevenson. But with rare courage
the girl endured the ordeal, although
there were tears in the audience at
times
Says Case Is 5uiIt-Up One.
At the beginning of the afternoon
session, Mr.. Stevenson moved to take
the case from the jury, arguing that
IL Is a built-up one, based upon state
IututS dittecu W nave bcCl iuduc W
the aged Peter Henkei to his grand
child. The alleged undue influence
and hostility of Mrs. Henkel, the de-
cedent's third wife, and her children
was held by the attorney 10 have no
bearing, under the circumstances. and
he said that the case was not one to
go TO jury which might be swayed
by sentiment.
Robinson detailed the insults. the
indignities which, he insisted, had
been heaped upon the child by her
fathers stepmother and stepbrother.
He described the aged merchant de-
pendent upon these relatives for care
and comfort and controlled by them In
his actions.
Instancing time when Peter
Henkel is alleged to have been fright.
ened by the approach OF his wife while
he was petting his grandchild. Alice,
Robinson said:
What was Peter Henkel afraid of
them
He was. afraid that after he was
dead some lawyer would trump up
case against his property" retorted
Stevenson. savagely. "You and your
ambulance-chasers.'
Robinson smilingly replied that he
might take Stevenson's attitude as
characteristic Of that assumed by the
Henkel heirs toward Alice Henkel
PENNINGTON