The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1913-03-08


| In he bequeathed to Joseph w. Lewis OF
Upland, Pa, son of third sister (de-
| cease0 his entire estate. The plaintiffs
undertake to upset the will, alleging
| that at the time of its purported max
ing, (viz: on Nov. 6, 1922 Joseph Burns
was not of sound and disposng mind
| and further that at that time he was un-
| duly under the influence and control of
Joseph Lewis, who had come on from
Upland to stay with him and did stay
with him throughout his last illness up-
til his death. The defendants denying
these contentious the case went to trial.
The plaintiffs witnesses, by whom they
sought to prove their above contentious,
were DR.. P. B. Housekeeper, George c.
Logan, R. Harry Logan S. Clinton Lo-
Esq, testified to his being summoned to
Mr.. Burns home on Nov 6, to prepare
his will and to the testamentary capa-
city of the testator. Walter Lewis tes-
titled to signing as a witness of the will
/ and to Mr.. Burns mental capacity upon
that occasion. Other witnesses, sum-
moned by the defense to prove Mr..
Burns testamentary capacity, were Mrs
Sophina Lewis, James w. Abrams R. ].
Reed Samuel Harris, William Trimble,
Rev. Charles NJ. Zepp, Samuel Miller
Edward Williams and Joseph w. Lewis,
the beneficiary under the will, who tes-
titled that he did not know Of his uncle's
purpose to make will or of the nature
of it's contents until Mr.. Warburton told
him of it after 1t had been made, and
=
used any influence to accomplishing his
being the sole beneficiary though he has
several brothers and sisters living.
Testimony here closed and counsel for
both sides offered prayers to the Court,
the chief one of the defense being a
prayr that Court instruct the jury that
there Is no legally sufficient evidence, of
want Of testamentary capacity, to en-
title jury to find a verdict for the plain
tiffs.
The Court granted the defendants pray
ers, giving binding instructions to the
jury that they should find verdict for
the defendant on ground that no evil
dence had been produced to snow either
want of testamentary capacity or show
undue influence in making of the will
The jury returned its verdict thus sus-
tanning the will.
NATIONAL BANK OF OXFORD VS.. EU-
REKA FERTILIZER co.
Claim of National Bank of Oxford
against Eureka Fertilizer Co, on prom
issory note; Court ordered entry of
judgment on same, subject to discharge
-; l,g, 10, to-, ,1-,,, car
CRIMINAL DOCKET.
The trial of cases on the criminal dock
ct opened Thursday morning.
STATE VS.. TAYLOR MCKINNEY
was first called. States Attorney Henry
l.. Constable for State; Messrs. f. T.
Haines and Roman Crothers for McKen-
ney. Charge was bastardy. Defense en-
tered plea that Court had not Jurisdic-
tion because provisions of statute in
such cases had not been complied with
by the State; also because the old law
had been repealed before 2Sth of Octo-
Der, 1911 and the new Act Chat of 1922
did not become effective until April, 1912,
between which dates the orTense is al
legged to have become committed. The
Court overruled the second plea. On
first plea Magistrate Cameron was
sworn and testified to having sworn out
warrant for Mckinney, and to hearing
the case and his taking McKenney's re-
cognizance for his appearance at Court
on his appeal from the Magistrates de-
cis.on against him. McKenney, the de-
l.; In
fore Magistrate and that Magistrate ask
ed him questions, told him nothing about
charge against him and pronounced no
| judgment against him. Mis-. McKenney,
wife of defendant. testified to same eff
feet. Judge Albert Constable sworn and
testified that as States Attorney at that
time Miss Neal had come to his office
and stated the charge; he thereupon sent
for McKenney and told him the charge,
and explained the law to him fully, then
told the Magistrate how to proceed.
Court thereupon overruled first plea also
of defense, and ordered the case to trial
on the issues Joined
Jury: f. A. Hill (foreman, H. D.
Crockett Haines Job, S. p. Othoson,
Robert H, Gallaher, C. H. Crawford, w.
A. Hill, Harry BuckWorth, Charles Heat
+ zig, Harry Jones, John Hartenstine, Ell
mer MARBLE.
In opening statement States Attorney
: Constable stated that State would prove
the offense had been committed on night
of October 2S, 1911 on person of Mary
Neal by Taylor McKenney, while former
was employed as servant at the FELTON,
House, of which McKenney was at that
time proprietor That two or three days
thereafter Mary Neal returned to her
home in Chesapeake City in which place
McKenney had afterward seen and soli-
cited her upon several occasions, at one
time calling her out of her house, that
he had frightened her into signing a cer-
, tain paper writing absolving him from
all guilt in the matter. Mary Neal took
the witness stand and swore to above
facts. Lusby Neal, her father, swore
that McNenney, on a certain night had
called Mary from his home and when she
returned she had half dollar in her
hand.
Leona Neal, sister of Mary, next wit
ness to same facts as father. Walter
Biddle testified to same effect.