The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-03
JURY DOUBTS
DEATH-BEO GIFT
Miller's Diamonds Held to Be
Property of His
Estate.
LANDLADY CLAIMED Them
Said Dying Man Gave Them to
Her in Her Husbands
Presence.

Doubling the account given on the
witness stand by Mrs. Elisabeth
Graves. a jury In the Law and EQUITY
Court yesterday decided that diamonds
claimed TO have been given by John b.
Miller on his death5ed to Mrs. Graves.
and in her possession. were the prop
erty of his estate. Judge Crump re-
served decision on the motion to set
aside the verdict as contrary TO law
ana evidence. The case has been on
trial for two days. and has proved one
OF the most Interesting heard at the
City hall In many days.
John B. Miller. formerly connected
with the Richmond Sign Works. hveo
during his latter years at the nome %
Mrs Elizabeth Graves. at III Sou'h
Belyidere Street. He died last Janu-
airy, after having been in oec!i"ihS
health for the prior six months. thoush
critically i'll for less than TWO weeks.
Philip N. Miller. Of Rochester. New
York, qualified in the Chancery Court
as administrator OF his brothers es-
tate, and in listing the effects, demaho-
ed possession Of a diamond ring va1ueo
at 81, 900, and a diamond pin valued AZ
$500.
Claimed Deathbed Gift.
The diamonds were found TO be In
possession of Mrs. Graves. VINO claim
ed that they were gift. "donatio
causa norris" as the lawyers put it
in other words that Mr.. Miller had
given them to her on his deathbed-
Mr.. Millers death occurred on Wed
nesday. Mrs. Graves testified that on
the Tuesday night preceding Miller
had called her into his room ana ASK
ed her that his clothes be handed him
According 10 her testimony, he then
took from a pocket the ring and pan
and handed them 10 Mrs. Graves as
present in acknowledgement OF het
efforts in rendering his declining Gays
comfortable She was corroborateo
nv her husband. who claimed to have
haen present at the time the GIT was
made.
Doetor.s Servant Casts Doubt.
Pbiliu NJ. Miller. a. administrator III
his brothers estate. put on Dr. III. ~
Sycle the attending physician. VINO
testified that on the Tuesday afternoon
in question, ne had notified MI. Miller
of his precarious condition, ana asked
what relatives he desired shouio Dc
notified. Mr.. Miller told him that INC
diamonds were in his trunk. and gave
the address OF his father ana pfothe'.
Knowing that the man was IN dying
condition. DR.. Sycie left his coiored SER
van. 10 attend Miller that niXhs. VAIN
instructions to notify him should there
be any change The coiored man. whose
character was vouched for by DR.. Sy-
Gle denied tat MI and Mrs. Graves
had been in the room Of the sick man
on the Tuesday night in question. o.
that any such presentation as had oeen
described could have taken place aiter
Mr.. Miller had told the doctor that the
ieweiry was in his trunk and given the
names of relatives TO be notified Inc
case was argued by Ordway Fuller ana
Conway r. Sands for the adminiStra-
tor Of the estate. and by Hill Montague
and Leslie IL. Drew FOR Mrs Graves,
many presidents being cited to sho"
the strong probable value OF deathDeu
gifts. The Lewis case was quoteo AT
length, the dying man in that case
having made over his entire properly
to an nlegitinate child few hours
before his death, and the gift was nein
10 be legal.
After being out but a short time, the
Jury rendered a verdict for the plain
til. deciding that the diamonds were
the property of the estate. and shouio
he surrendered to the legal admins