Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
Beyond doubt the greatest forensic effort of Governor Bragg's life
was his speech in the Johnston will case tried before Judge A. S.
Merrimon, at Edenton, in February, 1867. Probably so large and able
an array of counsel was never before engaged in any suit in North
Carolina. The late Mr. James C. Johnston, the wealthiest man in
the State, had devised his estate to the late Mr. Edward Wood and
his (Mr. Johnston's) three overseers, neither of whom were related
to him. The next of kin sought to break the will, alleging mental
disqualification. The case occupied twenty-three days in the trial,
and the best legal talent in the State was engaged in it. The
attorneys representing the will were B. F. Moore, W. N. H. Smith, R.
R. Heath, H. A. Gilliam, P. H. Winston, Edward Conigland, John Pool,
and T. H. Gilliam; those representing the contestants were Bragg,
Graham, Vance, Augustus Moore, William Eaton, James W. Hinton, of
Norfolk, Va., and William F. Martin. Governor Bragg was the leader
on his side, and Mr. Moore was the leader on the opposite side. Dr.
Hammond, of New York, the distinguished specialist, was introduced
as a witness, and presented as an expert to show the want of mental
capacity of the testator. His examination, by the counsel of both
sides, was most searching, and it is said that his cross-examination
by Mr. B. F. Moore was as fine, if not the finest, professional work
of the kind ever done in the State. Judge Merrimon presided with
great ability, patience and impartiality, and well sustained the
high reputation he had for being one of our ablest Superior Court
Judges; Governor Bragg spoke seven hours, making the greatest speech
of his life before a jury. Chief Justice Merrimon, referring to this
speech, said: "Upon an issue of fact it was the strongest speech I
ever heard." Judge Gilliam said: "Governor Bragg was at his greatest
(he was a very great man), and by his ability and his preëminent
tact in the management of his side of the case for a long time
put in peril the integrity of a will which should never have been
questioned." The will was established. An appeal was taken to the
Supreme Court, but the decision of the court below was affirmed.
Public-domain text, read in full here on John Shaqi.
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