Norwich Bulletin Newspaper, March 11, 1909, Page 6

. Six Hours’ Hearing on Petition Against Probating Will of Miss Ellen Burke—About $2,000 Disposed of—Test- imony Concluded on Wednesday—Liquor Prosecutioh ~—Students Burned by Exploding Chemicals. There was @ special meeting of the|o'clock and saiq <here had been a WVesterly town councll Wednesday, President Clarke presiding and sl in attendance, Town Solicitor stated that a committes had, ‘with Overseer of the Ppor Barber, con- sidered the claim of Angelo Di Mario mnd effected a settlement for $200, ‘whioh bad been paid by the overseer of the poor. It was voted that Mir. ave & town order for the sum U8 Councit then went tnto_sesston @3 & court of probate to consider the petition for admitting for probate the will of Miss Ellen Burke. Judge Nathan B. Lewls, counsel for contestants, mede motion that all wit- newses be excluded except those testi- fying, which was ordered after discu sion.” Judge John W. Sweaney repre- sented the executors of the will President Clarke made an appeal for 4he parties in interest to get together and settie the maiter and preserve the family ties. '1{: counsel stated that #hey had made every effort to settle the case, but it was impossible to reach any egreement. The hearing was then commenced, and Clerk 'Whaipple !]’ln;d tb&u\ ill, Lh; Sequests being as follows: House an ot in Cross street to her niece, Han- mah Pay; $100 to St Paul's church, C&mflL Mass.; §50 to Ellen Ford of Cambridge, & cousin; $50 to Kather- dne Pord; $%0 to Rev. J. F. Ryan, St. Paul's church, Cambridge; $50 to Nellie Mahoney, godchild; $100 to Rev. Peter MoOscar of Westerly; $50 to the Chureh of Our Lady of Perpetual Help, Roxbury; $60 o Patrick Burke, her brother; the residue of the estate to be devoted ¢o masses for the respose of her soul. Albert Carpenter, one of the witnesses %0 the will, testifled he resided in same | house with Miss Burke. He had known deceased for four months. Mise Burke #aid the document was her will and wish, and she was of apparent sound mind ’ On eross-examination by Mr. Lewls, said he hired the tememtnt from James Burke and paid rent to him. Mr. | Burke signed the receipts with Miss Burke's name end his initials. Mrs. Oarpenter and witness signed the will er. Father John Duan was pres- ent, and asked Carpentef to be witnese to will Miss Burke sald to witness: “Adwt I a smart one.” Friest told Miss Burke this was her will, and ask- ed her if it was her will and wishes he wanted to sign, and she sald she was willing to eign, and did so with her masc Father Dunn handed her the pen and she handed it back. The will was signed ¢ e days before hee (death. She was sick In bed about four daye before she died. Witness called 10 ses hor each evening and she recog- nized and talked with him. Jouncilman Scanlon asked witness 1¢ Miss Burke was in her right mind when she signed the will. He said she | ght | was, and also in right mind the after. He had no interest in the will. In response to queries from Mr, Lew- 18, sald that Patrick Burke had ques- tioned him concerning the will. He 4id not tell Burke that he raised Miss Burke up to sign the will, and she ask. d him what he was raising her up o es Miss Burke know sl the will. Mrs. Albert B. Carpenter, the other | witness to the will, testified substan- tially the same as her husband. Miss Burke sald the document signed was Ber will ‘Witness, in response to q Councilman Scanion, s knew she was sign was of sound min Dr. Prank C. Pagan s treated Miss Burke abou and again in her final lness In answer to a question of nell Scanlon, Pagan said sidered Miss Burke comp her will. In response to query man Langwqrthy, Dr. Pagan said Tuesday mofning she had made plans eoncerning her will. Rev. John Dunn sald he had been & Catholic priest twenty vears, slded tn Westerly since last May. came acqualnted With Miss Elien Burke last Christmas eve. Was called to Miss Burke on Wednesday morning, again in the eveming and on Thursday. o On Wednesday Miss Burke sec be very bright end w getting up, but he a ply with the doctos ministered extreme unct nesday morning, in case of s ness. Miss Burke first spok ing her will and that the doc advised her. T fest told her made & will Ber mind would be p; bly relieved. She th s w! to write her will. T what she wanted him to writ and then ma the will. It required about an hour and a half to make the memorandum of the will, as he had the family. The memorandum was taken in the morning and the will wri ten during the day and completed the evening. Miss Burke suggested Bdward M. and Jemes W. Burke as exeoutors, but witness told her that it would be well for her to substitute someone elss for Bdward, as he was judge of probate and perhaps not qual- ified. He comsidered it proper for him to draw the will. There was.no one in the room when the memorandum for will was taken except Miss Burke and 16 witness, No one else sald anything 1o him regarding the will or its con- tents. Before the will was signed, Fath- er Dunn asked Miss Burke if the docu- ment was her last will and wishes, and ehe 8aid it was. After Dr. Pagan had #iven opinion that Miss Burke would not survive, the priest told Miss Burke that the end was drawing near and eaid the prayers for the dead. This was about three hours after the wiil was made, but she lived three days thereafter. Father Dunn said he was not acquainteq with Mr, and Mrs penter, the withesses to the will, - er James W. Burke nor Miss Hannah Fay had any talk with ness con- cerning the will. In reply to questions by Judge Eweeney, Father Dunn sald he was &ven | the information In the will Miss Bllen Burke. No one suggest-- ed any names in the will except Ellen Burke. Witness belleved Miss Burke ‘was of sound mind when the will was made and that the contents were what OMiss Burke desired. Miss Burke left the impression that she possessed less than $1,000. On cross-examination by Mr. Lewls, Father Dunn testified he did not mo- tice at any time that Miss Burke's snind was wandering, and he believed her to be of sound mind. Patrick Burke testified that he had resded in Westerly for 38 vears and ‘was brother of Miss Ellen Burke, the testatrix. (He visited his sister two or three times a month, besides seeing her at church Sundays. He could not re- «call whether he met Father Dunn on ‘Tuesday at Miss Burke's home, On Tuesday evening Father Dunn told him Miss Burke was quite sick. Wednes- day night he asked Tather Dunn if she had made a will, and he sald she had, and the witness said it was er that she should make her brother’s knowledge, and Father Dunn replied that she should be left to her own will. Miss Burk wan- doring, for on Tuesday nes- day she was talking of (hings in Ire- land. Mr. Burke seid*he spent Wednasday afternoon at the home of his sister, Dr. Pagan came In that afternooy at 3 was to sign | change for the worse, The doetor may not have said so, but that is what he meant. ‘Wednesday evening the de- ceased recognized witness, but Han- nah Fay warned witness and members of his family not to disturb the sick womax. ‘Witness asked his sister Thursday night it she had arranged her worldly affairs, and she said she had mads her will. Then James Burke called witness from room, saying that the sick woman must not be disturbed. ‘Witness did not think his sister was competent to make & will at any time during ber sickness. On cross-examination by Judge Sweeney, Mr. Burke said he had a sis- ter in Canada, and that she did not au- thorize witness to appear for her in opposition to the will, and that he was thie only relative contesting the will. ‘Witness said he was indignant be- cause the will was made without his knowledge, and intended to contest the wild before contents were known, as he did not consider his sister compe- tent to make a will during her last ‘sickness. Mary A. Burke, wife of Patrick Burke, testified she was wery intimate with Miss Ellen Burke. Miss Burke never said anything about making a will. She: said she was with Miss Burke through her sickness, but was not permitted to spend much time in the sick room. Father Dunn came and remained in the house all Wednesday afternoon. She heard Dr, Pogan say lere was @ change for the worse and there was no need to leave any med- cine. Father Dunn was in and out of the room during the afternoon. Wit- ness left with her husband at about six o'clock and came back at seven in the evening.. Her daughter, Mrs. Dowd, was in the house while witness was absent, Hannah Fay and Father Dunn were there, Nothing was said about the making of & will. Witness said she never knew a will was made until Father Duan told her that mat- ter was settled. Noticed Miss Burke's mind was wandering more or less after the Monday prior to her death. She sald nothing about making her will. On cross-examination: Miss Burke told witness Tuesday that Father Dunn had called aend that she felt happier. Father Dunn was there n from early afterncon until ten o'cloek at pight. Miss Helen Dowd, niece of Miss Burke, testified that when she ealled Wednesday evening Father Dumnn was in the room with Miss Burke, and Hannah Fay called witness into an ad- joining room. &hé looked into the sick room as she passed and saw Miss) Burke, whose eyes were closed, Fa- ther Dunn came out and held conver- vation with Hannah Fay, leaying her in the small room. Hannah Fay then told her she could see Miss Burke. Father Dunn told witness that Miss Burke was conscious, but witness dis- agreed. On cross examination: 'Witness tes- ed 1t was her custom to call on her aunt about once in five weeks.. Her visit prior to\the Wednesday when the 1 was made in _January was about Christmas time. She was shut up in 2 room soon after she made the visit, and upoh coming out she visited Miss Burke and was recognized. She did not krow Mr. and Mr ‘arpenter. Would not say Miss e was com- petent to make a will during her sick- ness. Mrs. Patrick Burke, recalled, tegti- fied that Miss Burke was in no cb dition to make a will, Wednesday, al- b she recognized witness on that day and the following. Dowd recalled and identified a e had received from Miss ke abou years ago, that the deceased was tif sister Mrs. of Smith, ghter of Patrick Burke, Wednesday afternoon of her sickness. she came too mnt was i ying con- d at Miss ¥ and she to be unconscious. Father 1 sald ther ng. ore mn was there eat change si not visited her aunt . four months, Mrs. Nora Lord, another esses, also called to see her . Her testimony was the same that of Mrs. Smith. Witness had d on aunt about a year before. ck Burke, recalled, testified that he was the only living brother of Miss d she bas one sister in Can- She had one brother, who left two children, and one sistér, who ves one daughter. Mrs. Bridget Hughes testifiad that e lived in Westerly 55 vears, and was imate with Miss Burke. On the Miss Burke died witness called on her dnd was readily recognized. Mrs. Mary M. Michler testified she was 4 resident of Braintres, Mass,, and knew Miss Mary Burke and had seen both Miss Burke and Mliss Hannah Fay in Canbridge, Mass. = She had asked Miss Burke if she had made a will and urged her to have her will executed. Witness is a stenographer in a Boston lawyer's office. Miss Burke had told vitness that it was her intention to ive house to Hannah Fay, who is second cousin of witness, Mr. Carpenter recalled and testified that Miss Burke recognjzed him every day during her sickness. She made no reference to the will after it was executed. James W. Burke, a nephew of Miss llen Burke, testified the deceased was years of age. The witness was one of the executors under the will and testified that Miss Burke had deposit- ed in the Cambridge bank $1,000, in Cambridgeport bank $40.71, in Indus- trial Trust company, Westerly, $60.49, a total of $1,101.20, and also the house and lot in Cross street, which is taxed for $1,000. ‘Witness had cared for the property of his aunt for several years, Hisaunt talked freely with him on Tuesday and Wednesday, but § o'clock that night she had a sinking spell, but revived and became cheerful be- fore midnight. Would say that on Wednesday she was_thoroughly capa- bie of making her will and was in good condition mentally. Witness said he knew nothing of the existence of a will until after her death and that he did not in any way influence Miss Burke in the dfsposition of her property. Some time before her“death ghe said she wanted witness to go with her when weather became settled, to Cam- bridge, as she desired to make her will, Miss Burke and Hennah Fay have lived together many years. Patrick Burke, recailed, testified Miss Burke had told him that she was sick and tired of Hannah Fay and that she as becoming a burden. No one else present, but could not tell whether the talk was on Sunday or some other day. Mrs, Patrick Burke said she had heard Miss Burke say that her heart was broken with Hannah Tay and wished she could sell the house and 80 back to Cambridge. This concluded the testimony. The arguments will be made at an adjourn- cd meeting next Mond The hearing occupied six succes hours and without even a was a had bout sister of former w F! There is prosecution for the illegal sale of liguor in the adjoining no-li- cense town ~ of Charlestown. <Capt. Charles Clayton, once known to fame as the “Strong Man of the Circus,’ was arraigned before Judge Oliver H. Beer contains nourishing, body-building elements not found in any other beverage. Its extremely low percentage of alcohol acts as a mild invigorating tonic and emergy producer. Beer is a pro- duct of Nature’s wonderful methods. P. O. N. brews contain the food-extract in just the right proportion for easy and complete assimilation by the human system. Our plant is the most mddern in every respect. Only the choic- est materials are used. These are scientifically combined, produc- ing the famous From the moment the brewing process commences, till it reaches your home, Feigenspan P. O. N. Beer is perfectly protected from all contamination. From the glass-enameled aging tank it passes through copper tubes to glass lined tanks in the bottling department. Then it is brought to the automatic filler where bottles are filled without the inter- vention of human hands. -Thus it is kept pure, clean and full-flavored. It is then pasteurized, insuring perfect sterilization. All the wonderful processes of nature in the making of Feigenspan P. O. N. Beer would go for naught if the proper care, skill and experience were not exercised at every stage. / This is why Feigenspan P. O. N. Beer is noted for its extreme purity and fine flavor—why it has earned the title, “THE BEER THAT BUILDS.” Itisa drink that satisfies the palate, at the same time rebuild- ing the wasted body tissues. Insist upon Feigenspan P. O. N, Brewery Bottlings. All our brewery bottling has the signature on the neck label. On draught at léading hotels, cafes, bars, JAMES B. SHANNON, Commerce and Market Sts., Norwich, WHOLESALE DEALER AND DISTRIBUTOR 'Phone 223, w a liqus guilty and furnished bonds of $1,000 for his appearance in court March 1. | been issued against Alexis Martel for keeping o nuisance and a sale, and he Two bonds illiams on the charge of naintainine or nuisance. He pleaded no: warrants_ have held i of $1,000 and $100, having plead ed not guilty to both charges, Fowr war: Geor James Meikle and Charles Anderson were burned in the face and other pu- | pils in the experi laboratory of the Westerly high school | Wedne rning. In making sul- | orney Hadlal Hull of New London, oring to gather together a new stock which hur d heat was applied too Strongly and the botiom ot Hacheo? | who appeared for the former goncern. afrongly. wnd sk O,”z b P lk“” ttorney Arthur M. Marsh of Bridge T . was Dlown out, the centents striking | port rapresented the concern in his city would fittingly compare with what we have Andezson_and Melk ¢ face an Attorney Charles K. -Gross of e e puents in the tford represented the cottagers and sroup, but not seriously. rty owners in that section, many always shown. Looll i acentas: hom were Olluhand to speak for : , as well . Adjusters have d the insurance | Mr. Hull resented Mr. Grosé’ state- We believe we have succeeded, and on SAT- 27 );»L 'J‘ i]. . ‘Jm.’\\ 0:0 F‘Olrn Was [ ment that his company was the crea- estroye n’ Fri morning’s fire, tor of the nuisance and started to tell 2 g —_— g [ the committee that it was caused by URDAY, MARCH 13th, we will open a NEW Mrs. Nettie D., wife of John C.|the ponding of fish by a Mr. Lu. ght, band Wil Weste daughter of Stonington returned home Wednesday Jamaj Fred Harvey has guyed up one ma- ple tree and taken down another for William Hoxle of Brooklyn. N. Y., on The the la tanton of Whit were igsued agai 8. Pleas of not guilt entered, and in default of bond; s taken to jail pending trial s s. group were injured whil, menting with chemicals i~ thy Rock, died Tuesda; age 3§ years. Besides her hus. she Is survived by a daughter, fam Segar and daughter of rly and Edward E. Bradlee an evening from ca and Panama, & trip t tter's Blm street property. trees were damaged in recent gales, NIANTIC MENHADEN FISH OIL AND GUANO CO. PLANT. Bill Relating to the Same to Bs Heard by Joint Committee on Public Health and Safety. t To the Public: Since the disastrous fire which destroyed the n (Special to The Bullet Hartford, March 10.—The various t a: bilis relating to the Niantic Menhaden Fish Oil and Guano company’'s plant in N1 of tic and the moving to that town ridgeport By-Products com- s Dusiness wlill be heard by the = committee on public health and < | afety on April 7, by virtue of a post- { ement granted by the committes afternoon at the request of At- Shannon. Building, of which'we were tenants th February 9th, we have been constantly endeav- Y | but was interrupted by Mr. Gross, who thought it unfair to make any stafe- ment of fact or alleged fact in the matter until the time for a full hear- ing. Mr. Hull asserted that a judge of the guperior court had refused to interfers in the matter last summer, and Mr. Gross flatly denled this, stat- ing that a judge had not only inter- fered, but had given the company 30 days in which to clean up, and this had been done, STORE witha FRESH, CRISP, NEW STOCK of HIGH GRADE MEN’S WEAR at 101 Main :Street, next door to the Western Union Tele- a o graph Office, where we hope to merit a fair North America supplies more than three-fifths of the world’s copper. share of your patronage. GROWS HAIR and we can PROVE IT! A is Beautiful Hair at Small Cost AIR troubles, like many oiher diseases, have been wron, understood. The dy from Minnesota writes: s 2 result of using Danderine, my hair close to five feet in lengt Iy osed and aitoget] 3 be treated, for the reason that it is simply a p; of the scalp The scalp is the duced, receive It would do no earthly plant with & more be the hai ‘must receive © attention if you are o .!.‘:#’?:‘J::fi‘fl.’::;’:,‘;‘;;"t, BELFAST LINEN WRITING PAPER, per lb.. igaint s sty of mbiaire of st meel ol RO AT s D b ack bt ationy T TOILET PAPER scalp, discovered The Satural fhing d replenish the sail your crop will intended it should. Burtured and the attention of making it eautiful—the soil in wi it hair at is similar to the natural foods or liquids of the scaip. It penetrates the pores quickly and the hair soon shows the effects of its wonderfully exhilar ating and life-producing qualities. One 25cent bottle its great worth fying remedy—try it a NOW at 250, 50¢ and Cut This, Out a h d see for yourself. FREE 7o skow hiow quickiy banderine acts, we will send @ large sam. Dle free by return mail to anyoue who sends this free coupon to the KNOWLTON DANDERINE CO., CHICAGO, ILL., with their name and address and 100 in silver of stamps o pay postage. T mis- 7 itself is not the thing to and wholly dependent upon its action. very soil in which the hair 13 pro: ;20 alone shouid Tesuits are to be expected. £00d to treat the stem of & ™ I?E ‘DQCOIQ . Fuustbe attended to; “Therefore, the scalp n Which to do in either case, is to feed or scalp as the case may be, I grow and multiply as nature enough to convince you of growing and hair beauti ggists in three sizes, ‘II..OO per bottle. We cannot believe that because of an un- avoidable change of location the conscientious efforts of fifteen years to build a business on the better class of merchandise can all be wasted through the misfortunes of one night. McPherson, Hatter — Furrier — Haberdasher ct BARGAINS IN PAPER 100 pack, 1000 sheets, good quality, only 6 packs, 500 sheets (full count), for ... 6 rolls SPECIAL--50c Gas Burner Qutfits, complete 39¢ 5% AVANARIUS CARBOLINIUM 2% AGENT Wood Preserver Destroyer of Chicken Lice and Mites THE HOUSEHOLD Builetin Building 74 Franklin Street ever hair R AGVertising medium Eestorn Gonnectiont sum to Tae Buls letin for Jusineasn serulis ¥ Cerriage and Wagon Work of all kinda The Scott & Clark apri Telephone 5id-& Automobile Painting and Trimming Anything on wheels built to order. PRICES AND WORK RIGHT, (CORPORATION, 507-515 North Main Street, 64 FOR THE BEST ALES and LAGER Go To “The Plank,”s Frankiinsi. O'CONNELL & SHEA. sept16d DR." JONES, DENTIST is now open for praciice at 35 Shetucket Street with a Complete New Equipment. Room 10. ’Phone 114-3. sizes fami ing purpos You don't get a pound of dirt with every shovelful of COAL You buy from us. Nol — ALL COAL is mors or loss dirty whon It leaves the mine; but every pound ls well soreened before we deliver It — Phone, 2 The Edw. Chappeft Co. NORWICH, CONN, & COAL Free Burning Kinds and Lebigh ALWAYS IN STOCK. A. D. LATHROP, Office—cor. Market and Shetucket Sta Telephone 168-12 Branch OfficeLewis’, Shannon Bldg, oct29d —— LUMBER —— The best to be had and at the right prices, carry ‘a big line of Shingles. up and let us tell you about our too. Remember we always | us ock. H.F. & A. J. DAWLEY maylid J. A. MORGAN & SON, Coal and Lumber We carry a’well selected line of all coal. Lumber for builde Tel. 884 6 Central Wharf, sept19d 1647 y Adams Tavern 1861 offer to tHe public the finest standard brands of Beer of Burope and' America, Bohemian, Pilsner, Culmbach Bavarian Beer, Bass' Pale and Burton, Muelr's Scotch Ale, Guinness’ Dublin Stout, C. & C. Imported Ginger Ale, Bunker HIl P. B. Ale, Frank Jones' Nourish- ing Ale, Sterling Bitter Ale, Anheuser, Budweiser, Schlits and Pabst, ] COAL o wWooebD C. H. HASKELL 489 'Phone: 402 37 Franklin 8t 68 Thames 8t jan12d PLUMBING AND GASFITTING. A. A, ADAM, Norwich Town. Telephone 447-13. octéd COMMENCE NOW To Select Your Spring Wall Papers We have them in all grades and prices, all new, including our Imported Papers, and af all prices. Also Mouldings and Paints, Decora- tions and Muresco. Now booking orders for palnting, paper hanging and decorating. P.F. MURTAGH, 92 and 94 West Main Str sphone orders. Remo&al_ Notice We have recently moved from No. 321 Main Street to our new store, No. 283 Main Street, where we will be pleased to see our. former patrons as well as any new ones who may favor us with their patronage. The Stelucket Ramess o, 283 Main St mardd Connection, teb27d T Watch Repairing done at Friswell's speaks for {tself. WM. FRISWELL, 25-27 Franklin M. A. BARBER, Machinist 25 Chestnut St. MARIETTA Haveyou met her? She is the sweetest thing you ever saw and sells for ten cents each or eleven for one dollar at the cigar-stand in the Wauregan House THE PARKER-DAVENPORT CO., Proprietors. JOSEPH BRADFORD, Book Binder-. Blank Books Made and Ruled to Order, . 108 BROADWAY, Telephone 252, T, eatige’ The Vaughn Foundry Co. IRON CASTINGS ‘urnished promptly. Large stock of patterns,” No. 11 to 26 Ferry Strest.') Jan22d The Best . Dollar's Worth - is what most people are looking after today. and the fellow who cannot gh it i ‘Wworking under a strong handicsp, | That applies to my business—PLUMB~ | 1 only ask for chance te ' prove my ability to give it to you, J. F. TOMPKINS, funita 67 West Main Street. T. F. BURNS, Heating and Plumbing, ’M.‘SZ Franklin Street, Teeth Without a Plate 1s the greatest boon of moderr’ tim wish you couid understand the di ence between having teeth with and teeth without a plate. 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