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Circuit Court Doings

Circuit Court Doings image
Parent Issue
Day
20
Month
May
Year
1898
Copyright
Public Domain
OCR Text

In the circuit oonrt Friday evening he jnry in the oase of Mary Duffy vs. Claudius Kinyon to determine whether or nota verbal lease existed between the jarties brougbt in a verdict of no oause of aotion. The case of Cari Wuerthner vs. tbe Workiugtuen's Benevolent Societ.y of Manchester, was the nest case on cali and occupied the attention of the court np to Wednesday afternoon. A bout 25 witnesses were examiued and the resnlt was that the jury returned a verdict against tbe plaictiff. The case will be appealed. The evidence in the case was a great deal of it unfit for publication and was wnat a Broadway tough wonldcall "hot stuff." The celebratHil Mollie Bennett will case is now on trial. The history of tbe case, which is copied from the Times, is as follows: Mollie Bennett, of Superior, was poBsessed of an estáte valued at $8,000 or $10,000 and died loaving do iminediate heirs. Jerome Schemmerhorn, a mulatto who had worked on her farm, deelared thatshe had always signified her intention of leaving her property to bim. Mollie Bennett died in Marcb, 1896, and no will oonld be found. Wbat purported to be a copy of a will tarned up about 15 inonths after her death and tbii "copy" designated Jerome Scbemmerborn as her mam heir. The witnesses to the instrument appeared to be Albert Knapp and William Rowe, two well known farmers near Ypsilanti. Albert Knapp swore oa the first hearing in Judge Newkirk's ourt last July tbat Mollie Bennett had sbowed bim her will and asked hiru to sign it. He did so but Mollie Bennett did not sign it. William Rowe swore tbat on a date that appeared to be about a year after Knapp had signed tbe dooument, Mollie Bennett showed bim a paper wbicb she said was her will and she signed it and Mr. Rowe signed it as a witness. A Mr. Sweating swore that he was one day at Mollie Bennett's place and sbe showed him her will and beoaose it was so peculiarly worded he made a copy of it. George Owles and Mr. Le Furge, of Superior, swore that Mollie Bennett had intimated that sbe would leave her property to Schemmerhorn. The first witness for the contestant P. W. Ros?, of Ypsilanti, swore that Jerome Schemmerhorn had approached him in April, 189?, and offered him f500 to Rwear that he„had witnessed the alleged will, and finally Sohemmerhoru raised the bid to $1,000, provided Ross would find another good witness to swear to the same effect. James Eaton, of Ypsilanti, also swore that Scbemmerborn had said to him that hernust have two men to swear that tbey had witnessed the will of Mollie Bennett and he would pay $200 for tbe job or $500 if Eaton would secure the other witness. Robert Martin, of Superior, swore that in the spring of 1897 Sohemmerhorn had approaohed him and asked bim if he wanted to make $1,000. Schemmerhorn said he had a copy of a will that must be signed by two good witnesses. "Get ont or I'll boot you," said Martin and Sohemmerhorn adjourned. About this time the lawyers for the proponent, Lawrenoe & Buttereld, held a consnltationn and finding that tbe contestant Administrator Graves, had some more important testimony, decided to throw up the case and Judge Newkirk deoided that there was no will in existence and denied the petition to probate. Sinoe that timeit is said that Jerome Scbemmerhorn bas found some important testimony to substantiate bis claim. Yesterday moming after tbe jury had been acoepted and sworn in it was discovered by Capt. Allen and Judge Babbitt, the attorneys for tbe administrators, tbat Adam Sobaible, one of the jurymen, was a relativa of Miohael J. Lehman, one of the attorneys for Sohemmerhorn. Judge Kinne gave Mr. Lehman the option of exousing Mr. Scbaible or the entire panel, but he would do neither, so the judge disoharged the jury and it had to bedrawn over again. The new testimouy in the oase turns out to be an attempt toshow that Jerome Sohemmerhorn i a son of Miss Deligbt Beunett, a sister of Mollie Bennett and who died abont five years ago. One wituess was sworn yesterday moming who testified tbat some 37 or 38 years ago Miss Deligbt Bennett and her sister took a trip east and remained for six weeks. The proponents will probably argue tbet Schemmerhorn is ber son and tbat this was kept a family seoret and that it was the iutention nf all the family tbat Juróme sbonld come in for the estáte after tbey had died.

Article

Subjects
Ann Arbor Argus
Old News