The menace. [volume] (Aurora, Mo.) 1911-1920, 1911-12-23

Refuse 20 Render Verdict FaVorsble
TO Catholic Priest Thosoh In
strvetsd 10 De 90

n CAac NulCn pion IAN 70 upset
the iurisprudence Of the STATE Of Mis-
souri. n not the United States. hap
pened In ST. Louis last veek In the
circuit court n may also serve a. an
object lesson 10 those self-centered
Catholics who think they have
reached the point IN the history Of
America where they can declare Inn
munity from the operation Of laws
and customs recognized ~ necessary
TO the maintenance Of our society.
and where they can expest special
privileges from courts and public Of.
fcials regardless OF the justice Of their
claims.
The case is that OF Mary PAIRING
ton against Rev. Father John White.
rector Of the Holy Innocents' Catho-
lie church. executor OF The will OF
Bridget McDermott Magic and
Josie Goetz and Frances Consell heirs
and benehcaries under the hoDcrmott
will. which was fled Cor probate Sept
ember Is. 1907. Mrs. McDornott the
testatrix. died December "a. 1895. In
Sc. Louis
Under the win Mrs.. harrington.
Maggie and Josie GestE and Frances
Connell were given 81 each.
The remainder Of the estate was
left TO Catherine and Susie McDer-
mott. daughters. the priest beiag made
executor The two daughters died
Of consumption about three years ago.
having previously conveyed Improved
property at $3.50 Manchester avenue
to Father White. He testihes he had
paid the taxes on the property and
paid the funeral expenses sf the two
daughters. who gave him the property
for 81 and other considerations"
Mrs. Harrington fled the suit to set
aside her mothers viii on the alleged
ground the priest and the tive daugh-
ters, Catherine and Susie. haa used
undue influence on the mother. eaus-
ing the other children ana heirs to
be cut OF with 81. Mrs. Darlington
has a suit pending In the circuit
court to set aside the conveyance OF
the property by her sisters 10 Father
White, alleging similar grounds.
The case was tried before a Jury
of 81. Louis business nsen and
when the evidence was all m Judge
1 II A.. n. Al -
OF the attorneys and all others pres
ent, instructed the jury that the evil
dence did not sabstantiAte the
charge OF undue influence" and that
they should, therefore. bring In n ver-
dict favorable 10 the defendant priest
and upholding the will
To the jurors the eVidenee In the
case appeared altogether different and
they refused TO comply with the
Judges request.
They were told they would be de-
tained by the court until they complied
with Judge withrow's order, and they
announced they would stand en- their
rights as American citizens" and go
to fail before they would decide the
case In any other than the manner
which their consciences dictated. They
were told the court would assume full
responsibility for their action In car
rying out orders. The twelve men
made up a pot at one time and pur'
chased thirty-two cigars ana a guam
; tity OF cigaretts and apparsntly pre-
pared 10 stick Il out"
Following a seventy-four hour dead
lock, however, Judge Withrow, evi
IDENTIFY deciding that his position was
getting more precarious as the hours
/. lclicked OF, notified the jury that he
would receive their verdict and wher
he did it was in favor OF the plaintiff
aud against the willy priest who had
sought to come In possession OF some
easy wealth by conjuring with the
, fortunes OF an innocent woman In :
delirious and dying condition
The Judge Is evidently wrathy
since he now asserts that he is read,
and willing. on motion by the attor
neys for the defendant, 20 set aside
the verdict OF the "insurgeut" jar
? and orded a new trial