Sustained The Will

Jerome Schemerhorn has won his famoiïs suit and Attorney F. A. Stivers has the great big laugh on a large share of the bar of Washtenaw county. aèrhorn, as far as is known, consulted Judge Babbitt, Edward Hinekley, Wallace and Webb, Randall and Jones, and Lawrence and Butterfield, and all these attorneys either told him that he didn't have any more show than Cervera does of escaping Sampson and Schley, or started a suit and then threw up the case, thinking they had no chance of winning. Jerome finally went to Attorney Stivers and on the very last day when an appeal could be taken from the decisión of Judge Newkirk to refuse to probate the will, the papers were made out and the case as placed in the circuit court. The case dragged for nearly a week ■e it was given to the jury. Judge Klnne delivefted his charge yesterday aftemoon about 5:30 o'clock. It was very impartial and not a single person in the court room could have determinad from it just what the judge's personal views were as to the merits of the case. His main points were as follows: If the jury should flnd from the evidence that Mollie Benhett did not make or attempt to make a will that is the end of the case. If they flnd that she did, then comes the question, did she properly execute it. The law says a will must be sighed and attested to by two witnesses. It is not necessary that the witinesses shall be in the presence of each other, but the testratrix must acknowledge it to be her will to each of them. It is surflcient if the testatrix made the will in her own handwriting and mentioned her name therein without signing at the bottom. In order then that this will should be probated, it must appear from unquestionable evidence that the original will was entirely in the handwriting of Maryette Bennett. On the flrst ballot the jury stood 9 fnr the will and 3 against it. Another vote was immediately taken and the result was 10 to 2. The two jurymen stood out for about two hours before they would agree to agree with the ten and about 9 o'clock last nighr. brought in a verdict for Jerome Schemerhorn. Mr. Stivers, ably assisted by Lehman and Cavanaug-h, certainly put up a great flght for his cliënt, and is entitled to a great deal of credit for unearthing the amount of testimony he did. He says that nearly every witness he had was an unwilling one . and some of the most essential absolutely refused to teil what they knew at flrst, on the grounds that they did not -want to get mixed up in the matter. Administrator Graves is a man as full of flght as Admiral Dewey and says he will appeal the case to the supreme court, and this morning his attorneys were granted 60 days to settle on a bilí of exceptions and to move for a new trial. In the meantime a stay of proceedings is granted upon flling the proper bond.