The Falls City tribune. (Falls City, Neb.) 1904-191?, February 17, 1905, Image 1

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Vol. II. .Jo. i FALLS CITY , ' EBRjSKrFRIDAY , ' FEBRUARY ! Ii , 1905. \Vhole No. 5C ) i
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Miles Will Case , Supreme Court
. Decides Against Jos- '
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, . eph H. . Miles
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, At its sitting on 'l'hursda\ .
" last week the supreme court of
this state handcd down the long
expectcd opinion in the Miles will ) )
_ l'ase The opinion is written by
Judge Scdg wick , and is concurred
in by the other two . judges , 1101-
comb and Barncs.
I. It will be remembered that in' '
thc original trial the opponcntsi
t of Joseph i\Iiies introduced evidence
i dcnce to prove that S. J3. Miles
made a will in 81. Louis after thc
execution of the Rube will in i
whic'h Rube \ \ ill ) ) Joseph svgs ( given -
cn practically all of his father's
' _ estatc. Thc execlllion of the St.
Ct LouwiJl ! clcnied
_ : : - ; was ( by Joseph
Miles who contended that the
. . . Rnlo will was thc last will male
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made by his tathcr. A great deal
of sensational testimony was in- '
: trocluccd by the parties consisting
largely of transactions : : detailed
hy the deter t'c Harhaul.-1I : ,
hlClg'l' T110u1pSOl1 ( leciICcl thc
c tSC in favor of Joseph and the
other heirs appcalcd- . Upon thc
first appeal I the supreme court
held that a will was made in 81.
- . . . Louis but affirmed the decision
of Judge Thompson for thc reason -
son that no proof was introduced
showing that thc St. Louis will
contained a clause revoking thc
RnbO will. Thereafter a petition
fet a new trial wa ! ' filed by thc
opponents of Joseph Miles on the
grounds of newly discovered cd-
dcncc , thcy claiming to have found
the lawyer who wrote the SI. Louis
will Evidence was taken in ; in-
coIn on this petition. Paul ' 1' .
( ; arisen : of 81. Louis testihccl that
s he wrote the will and that it contained -
tamed a clause revoking all other
wilis. His testimony was corro-
borated by his stenographer ,
Thomas Cannon and Judge Wind
. . . ; of 5t Louis. Besides this testi. I
testimony I
1I10ny evidence as to the charac-
tel' 01 GubC'n : was given by 1 the
United States attorney and the
United States marshal - from South
I Carolina , Gadsd1'S " former home ,
. as well as witnesses from St.
LOllis. Judge Thompson again
found in favor of Joseph and up-
on appeal to the supreme court
y the opinion just handed down reverses -
1 verses Judge Thompson and finds
I \ against Joseph on every question
r . or law and fact in the " ' , "c. The
i .
supreme court linch ; that it later
will was madc in St. Louis and
that it revokes thc Hulo will. 111
reply to the contention that Gad-
sdcn could not be believed ties )
court says :
" \Ir. Gadscl appears to come
from a distinguished family of
that name in South Hc
is thc son of a l'Icr'man. He
was a graduate "f the Southern
University and took a course of
legal studies front which he grad-
, , , ,
tJt : ted in 181)3. ; : ; Ills per-
sonal honor and 1 honesty are established -
hlishcd by many witnesses ,
whose evidence cannot bl' doubted
* * , ; : \Ve find nothing in the
record to indicate that his evi-
dcncc is corrupt with perjury , or
that he as a witness was inspired
with a desire to ' ( lecciye the
cou rt. "
It was contcnded , that
the , St. Louis will was not found ,
that thc court as a matter of law
mast presume that S. L' . Miles
had destroyed it and that he did
so with the intcntion to revive
thc Rube wi1. ] It will be rcmcm-
bered that Joseph Miles claimed l
to have found thc Rube will in
iln old unlocked valise : when he
was alone in his flther's room in
thc Union housc. The supreme
court in answer to contention
saysV : c have no hesitancy in ,
saying that no such principle can
he involved 1 in a case like th is i
where the one principally bcnc-
tited hy the former will brings
that will forward , claiming : that
he has found it under such extra-
ordinary i circumstances t , and dc-
tiring that hc has found with it
the later will which it would be
so much in his interest to up-
Thc court further finds as a
matter of law that before Joseph
can take his fathers estate under
the Rube will hc must prove that
his fa t her destroyed the S1. Louis
will and revived thc Rube wil1.
In as much as Joseph and all of
his . \ ' t n ( 'sses have ] testified i hat
there was no St. Louis will ! . it
will \ } readily be seen how clitlicult
thc task imposed on him by the
supreme court when it requires
him to prove that S. H. Miles
destroyed : ; will which he says
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never had an existence. As tt
the c1iOiully created in pro ' iug
the next necessary , step , towit : '
that : S. L' . Miles revived the Rube
will , it will be rL'l1IcmbcI'cd that
GiJlespie one of tIle attorneys : : for
Joseph has tcsti lied that when he
asked S. B. 1 Miles shortly before
his death where the Rule will was
that 1\1iles replied to him , " ' 1
don't know where thc d----- thing
is I have lost oJ'dcstro'ccl
, may \ or ( )
, ,
The closing : words of thc opin-
ion of thc supreme court arc :
" 't his c\'idcnce showing that
thc Rule will was revoked by the
subsequent ! will , there being ; no
evidence from which it can be
found that the fornle1 ( Rule ) will
was revived , would require the
rejection of thc Rube will. "
Altogether thc opinion of the
supreme court is i a sweeping : decision -
cision against Joseph tiles , and
having settled all questions of
law in the case will doubtless
simplify the litig-alion.
We arc informed that a motion
fog a rehearing is being prepared.
Gone From Our Midst
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: \I.\I : RIIAII. 'j'IIO\J.\R : XA\'I.OI
do matter where , whcn or how
it comes death always brings the
hitter tears of sorrow , hut it is
not always ; that thc passing a
single person alls forth such
heartfelt expressions of regret
and sympathy as is expressed b\
thc people of this city over the
suddcn , uncxpccted' death of
.Marshall ; Naylor. Just on thc
threshold of manhood with only
a glimpse of c\rth's possibilities
I1C passed from thc ruffled sea of
life and found peace in that quiet
1-Iaven of rest. The stormy bil-
lows of adversity may toss and
roll but he has joined thc ranks
of God's sailor boys where no
storms sweep. The wide circle
of friends extcnd their condolence
and sY1l1pathiz with sorrowing
father , mother , brothers and sis-
ters in their great and sudden bc-
rea vemen t.
\Iarshrtll Thomas Naylor son
of 'l'homas and Amanda C. Nayl-
or was born in Holton , I1aS. ,
April 17,1884 and died at Boston ,
Mass. , Feb. l 11 , )05 aged 20
years , I ) months , 24 days.
11e camc with his parents to
Falls City in 1898 and grew up to
manhood in our midst. Hc attended -
tended our city High School and
made a record as a good student.
In 1904 hc entered the U. S.
Marine service and was in train-
ing at Boston at thc time of his
dcath. The training ship being
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the famous ! ; od ] ship ! ; the ( 'on- T
stitution of the war of 1812.
Marshlll : Nil \01' ] looked fori.
ward to years or faithful service
and expressed a desire to get an
honorable disclmarge. 1L simile s
soon. .A few days of illness and .
Marshall Na.\1or was g'onc. His '
life's wor1 < at an end. May this 'A
sad ; scene teach us to bc read . to
answer our final summons. f
His friend believe he was pre-
pared for death.
'j'he funeral services were held
from the 1\L. E. church at 2:30 : p.
m. Feb. i5 1C)05 , Hev. Frank ' ;
Camphcll led in prayer and l cv.
Cline delivered the funeral ser-
111ol1. Intcrmcnt took place in
Steele Gemctcry _ _ _
: it us. II. C. IArr !
A mid again somc loved one haste" '
to that dim but vast
passed ; \ un-
knowl1 , from whence there is no
return , leaving behind a vacant
chair and mourning friends Mrs.
Eleanor l ] Lapp , after suffering for
two weeks from pneumonia , pass-
ed way early Sunday morning ,
cbrllary [ 12 , 11)05. Enjoying for
the past t hi rty-t wo years close
association with the people of
this city and by her cheerful ,
loving , ever ready to help dispo- g
sition her demise calls forth from '
all expressions of dccpest sorrow
and sympathy. In her home
where her heautitul ; traits of'
chal"ll'ter , 1n her positIon as hclp-
mcet , companion and comforter
the wclcome guest Death
brought : desolation and ; bitter
grief from which no matter how
bright the rays may bc , thc dark
shadow of their irrcparihle loss
will never be dis1)ellcd. As with
a beautiful gem , how dearly you
love ] its possessions , and how
kecn ] ) ' . when gone from its set-
ting you feel the loss , so it is
when a loved one is removed from
their earthly bionic and taken
closer to thc Master's fold.
Eleanor C. Fikcs was born
April 9 , 18(10 in Gcncsco , Illinois
and when twelve years of age
with her parents moved to Rich-
arc1son county , where they were
of thc earliest setttlcl's
one , own-
ing a large tract of land about
, twelve miles north of this citro
On June 11 , 1879 she was mar-
ricd to henry C. Lapp at thc
home of her father , John D. '
tikes , which union were born
two daughters and a son. Mrs.
Lapp leaves to mourn their loss a
husband , Henry C. Lapp , two
daughters 1\lrs. Mattie Foster
and Miss Odda , a son , Sydney
and a brother who resides in Cal-
ifornia. i
1'he funeral was conducted
Tuesday morning- , February 14
at thc Episcopal church of which
denomination slid was a faithful
conscientious member. The lo-
cal order of thc D.of 11. of which
thc deceased was a valued mcm-
ber attended thc services
in a body , after which interment
took place in Steele ccmctcry.
Their large circle of friends expressed -
pressed their sympathy to thc
sorrowing oncs.