Events Leading up to the 1827 Trial

     

ACT [I]         SCENE [1]

THIS SCENE TAKES PLACE ON THE DOUGHTY FARM WHICH IS ADJACENT TO THE ROCKY SPRING TRACT AND TWO MILES NORTH OF THE CENTER OF MEADVILLE. ACT 1- MID SUMMER IN 1824. JAMES DOUGHTY IS LONG-TIME FAMILY FRIEND AND IS THE GUARDIAN OF JAMES FINNEY'S SON, JOE.

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JAMES DOUGHTY:  Please help me understand why you have not written to your family. Everyone assumed that you were dead.

JAMES FINNEY:   I did write my father but received no reply. Finally, I gave up trying.

JAMES DOUGHTY:  But your children report that they have heard nothing from you since you left and Joe heard nothing from you either. I know that this has been very hard on Joe. For the first year after you left, he could talk nothing but when he would get a letter from you. He finally gave up all hope and spoke no more of you.

JAMES FINNEY:   (No response. The room is silent.)

JAMES DOUGHTY:  I can't but help thinking that this has everything to do with your drinking.

JAMES FINNEY:   (More silence)

JAMES DOUGHTY:  Well, as I think you already know, a lot has happened since you were last here. Your sister died a horrible death and your father is at the end of his life. My guess is that he no longer understands what is going on around him. He is as sweet a man as ever, but his mind is going. The good news is that all of your children are alive and well. Do you plan to visit them on this trip?

JAMES FINNEY:   I don't think that I will have time. Possibly, I can stop by and see them on my way back to Erie.

JAMES DOUGHTY:  What you may not know is that the Mead family finances have been in shambles since your sister's death. The family has had money trouble even before the General's death because of his drinking and his shady financial dealings. It is much worse now. It seems that everyone is after them about unpaid debts that go all the way back to the General's business dealings with his brother-in-law now twenty years ago. The problem now is that the Mead family has no good leader. The oldest of his children is Robert and he is only 24 years old and a hard drinker like yourself.

JAMES FINNEY:   I have heard Robert Mead has taken charge of my father's lands. Do you know anything about that?

JAMES DOUGHTY:  There has been a fair amount of talk in town about your father not having his wits about him to responsibly manage his assets. Many people say that Jennet very capably managed the family until her death last year. After her death, there was only Robert to take charge. How could it be otherwise?

JAMES FINNEY:   What can I do about any of this?

JAMES DOUGHTY:  Of course, you need an attorney.

JAMES FINNEY:   But I don't have the time right now to begin some kind of legal fight. I am expected back in Buffalo next week.

JAMES DOUGHTY:  Have you been to see your father?

JAMES FINNEY:   No, I just got into town yesterday.

JAMES DOUGHTY:  Well, that has to be your next step. In doing this, you may see what is up with the Meads.

JAMES FINNEY:   You are right, of course, but I don't look forward to it. This whole thing smells to high heaven and you know how powerful the Meads are in this town. I would not put anything past them.

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ACT [I]         SCENE [2]

THIS SCENE TAKES PLACE AT THE HURST TAVERN IN MEADVILLE LATER THAT DAY. JAMES WILSON IS JAMES FINNEY'S UNCLE.

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JAMES WILSON:   What people don't realize is what a crook the General was.

JAMES FINNEY:   How so?

JAMES WILSON:   Do you mean that you don't know how he owed my uncle, William, thousands of dollars from unpaid debts at the time of my uncle's death?

JAMES FINNEY:   I did hear bits and pieces of this from my father in 1806 when he and his sister took the General to court on behalf of the Wilson family. Much of this was kept out of public view by all three families because of the potential for embarrassment to everyone.

JAMES WILSON:   The other thing that you may not know was how deep in debt the General and my father were. They were in cahoots about many dubious land and financial deals. Again, the amounts of money involved are staggering. After the General's death in 1816, his wife tried to carry on and provide for her family, but I think that it finally tore her apart.

JAMES FINNEY:   Do you know what happened?

JAMES WILSON:   Twenty years ago, my father got into trouble with some Philadelphia creditors to the tune of $6,000. He was supplying military outposts in various places in the state and just got in over his head with all of the complex finances. Somehow, he talked the General into cosigning on his debt, which he never paid. You know that both he and the General were big drinkers and were greedy for more than their share of what the world had to give.

JAMES FINNEY:   Yes, everyone knew for years that the General drank too much. Because of his standing in town, everyone turned their heads the other way. The shady deals and financial troubles were also kept out of sight. Somehow my father got drawn into the financial mess and attempted to solve it with a lawsuit of his own in 1808. What happened to it, I don't know.

JAMES WILSON:   I am assuming that you know how the General got sacked from his post in the militia in 1814. He was getting drunk on duty almost every day. They had to get rid of him. He had only two years to live after returning to Meadville and died from his heavy drinking. His drinking was pretty bad the last year, nobody was surprised when he died.

JAMES FINNEY:   I can't say that I ever liked the General; he was too arrogant and full of himself. I also felt that he was mean to my sister and most of his children. He had the reputation of being a big family man in town, but in his later years this was just not so.

JAMES WILSON:   Did you not know how difficult it was for your sister after his death? It seemed to me that every creditor in the state were chasing after her for money owed to them by the General. Your father stepped in and did provide some help to her by selling off various pieces of his property, but it only held off the inevitable, some kind of financial collapse which is about to happen.

JAMES FINNEY:   Yes, I did know some of this, but my father was pretty close-mouthed about his and the family's finances.

JAMES WILSON:   When you left town in 1820, your father moved to the Mead home. Some said at the time he was becoming unable to care for himself. After your sister died three years later, it seemed to me that Robert Mead began to influence him improperly. And, it didn't help any for you to not be here to provide a safeguard for your father and his property.

JAMES FINNEY:   I don't trust Robert Mead and I fear that bad things are underfoot. I haven't seen my father yet, but I hear that he is losing his mental capacity and is in no shape to understand what is going on around him.

JAMES WILSON:   You have got to get over there and see your father without any further delay.

JAMES FINNEY:   I plan to go there tomorrow.

JAMES WILSON:   Let's talk now about your girls. Do you know that Sally Jane is betrothed to John Wentworth's son?

JAMES FINNEY:   No, I didn't know that.

JAMES WILSON:   I can't understand this. Why have you not written to your family for the last three years?

JAMES FINNEY:   I have no excuse. Maybe, it has been too painful for me to write. My job with the Erie Canal keeps me in the middle of nowhere and the mail service is practically non-existent.

JAMES WILSON:   Tell me more about your work with "Clinton's Ditch."

JAMES FINNEY:   Well, I started out as a laborer on the excavation crews around Syracuse. After three months of this, I was promoted to crew chief. Last year, I was transferred to the work being done by Nathan Roberts at Lockport and have been there since. We had to chip and blast a two-mile channel out of the limestone for two sets of locks each. I was in charge of a blasting crew and making good money. Two thousand Irish have been working night and day to finish the job. When I go back, I will probably be transferred to the excavation effort between Lockport and Buffalo.

JAMES WILSON:   How do you like the work? Have you been able to save any money?

JAMES FINNEY:   I like being in charge of men who are doing hard work. There is a great deal of responsibility that goes with this. We have lost many men to accidents and disease. This is also work of monumental importance to New York and the whole country. I like very much being a part of something of such merit and benefit to all. There are presently plans in our state to continue the canal from Erie to Pittsburgh. If this happens, Meadville stands to benefit greatly as well. The answer to your second question is that I have been able to save some of the money I have made, but not as much as I thought. I have found that I enjoy drinking with my mates and probably too much so. The contractors give us our daily quota of whiskey, but we all love our drink after work.

JAMES WILSON:  Good luck with your meeting with the Meads.

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ACT [I]         SCENE [3]

THIS MEETING TAKES PLACE AT THE MEAD MILL AND THEN AT THE MEAD FAMILY HOME. ROBERT MEAD IS JAMES FINNEY'S NEPHEW. CATHERINE MEAD IS HIS NEICE.

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ROBERT MEAD:    I heard you were in town and am not surprised to finally meet with you.

JAMES FINNEY:   Aren't you going to ask me how I am?

ROBERT MEAD:    I don't know why I should. We have not heard from you in over two years. The people of this town thought you were dead.

JAMES FINNEY:   Well, as you see, I am not dead but very much alive. I want to see my father and ask to go to your home to do so.

ROBERT MEAD:    He is not well today. Maybe tomorrow.

JAMES FINNEY:   You can't "maybe me" on something like this. I demand to see my father today.

ROBERT MEAD:    You haven't seen or written my grandfather in two years and now have to see him right away.

JAMES FINNEY:   Yes, that is right.

ROBERT MEAD:    Catherine is home with him now. Tell her that I said you could see him.

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(LATER AT THE MEAD HOME)

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JAMES FINNEY:   Hello, Catherine. I would like to see my father.

CATHERINE MEAD: He is not doing well today; have you spoken to my brother?

JAMES FINNEY:   Yes, I have.

CATHERINE MEAD: Let me have a little time getting him ready to visit with you.

JAMES FINNEY:   Thank you.

(AFTER 10 MINUTES WITH HIS FATHER)

JAMES FINNEY:   I don't understand . . . He is unable to say even one word. He looks at me and seems to recognize me, but is unable to speak.

CATHERINE MEAD: You have caught him on one of his worst days. Come back tomorrow and you may have better luck.

JAMES FINNEY:   I am concerned that he is unable to make rational decisions about the management of his affairs.

CATHERINE MEAD: If you were good enough to be available to my grandfather more than once every two years, you would know that when he is in good form, he is able to recognize all that is going on around him. This is simply one of his off-days.

JAMES FINNEY:   I don't like this situation at all. Who is collecting the rent on Rocky Spring and how can I see what is happening to any surplus money?

CATHERINE MEAD:    You will have to speak to my brother about this. I think that we are through with this conversation. Good day.

 

 

ACT [I]         SCENE [4]

JAMES FINNEY RETURNS TO THE DOUGHTY FARM

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JAMES FINNEY:   I was met with a stone wall at the Mead's earlier today. They did allow me to see my father, but he was unable to speak due to his darkness of mind. I don't think that he has much time left on this earth.

JAMES DOUGHTY:  Did you bring up the management of your father's property and any record of financial dealings?

JAMES FINNEY:   I did not feel that I was on good enough ground to converse with any intelligence on the matter. I do know that much of the land has been leased to the people who are living in our old house and strongly suspect that the profits are going into Robert Mead's pockets.

JAMES DOUGHTY:  The word is that Robert has been putting out feelers in the town in the hopes of identifying possible buyers to the Rocky Spring tract.

JAMES FINNEY:   I don't understand how he can do this.

JAMES DOUGHTY:  He could do it with your father's permission by giving him power of attorney.

JAMES FINNEY:   But my father is not in any kind of condition to know right or wrong in such a matter.

JAMES DOUGHTY:  I think that you need to meet again with Robert and Catherine to find out what is going on. I also think that you need to reach an agreement with them that they not sell any of your father's property until he has died. I can draw up a brief document that you and they can sign agreeing to this.

JAMES FINNEY:  Yes, I agree, Thank you.

 

 

ACT [I]         SCENE [5]

THIS IS JAMES FINNEY'S SECOND MEETING WITH ROBERT MEAD. CATHERINE MEAD IS ALSO PRESENT.

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JAMES FINNEY:   Because of my work responsibilities in New York, I have to return tomorrow or the next day at the latest. Due to the unusual family circumstances at present, I propose that we enter into some kind of agreement as to my father's property for between now and his death.

ROBERT MEAD:    First, you must understand that grandfather (Robert Finney) has many debts that demand our attention on a constant basis. The proceeds from the leasing of the Rocky Spring property barely covers the constant demands of his creditors.

CATHERINE MEAD: Yes, grandfather has many debts that require monthly payments.

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ROBERT AND CATHERINE ARE WITHHOLDING THE FACT THAT THEY FORCED A SECOND WILL AND A DOCUMENT GIVING ROBERT MEAD POWER OF ATTORNEY FOR ROBERT FINNEY JUST THREE MONTHS PRIOR TO THIS MEETING. BOTH OF THESE DOCUMENTS WERE RECORDED WITH THE COURT ABOUT THE SAME TIME AS THIS MEETING.

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ROBERT FINNEY:  Just what do you propose?

JAMES FINNEY:   At my request James Doughty has composed a brief agreement regarding any sale of Finney property. The agreement would continue until my father's death.

ROBERT MEAD:    The benefit of this agreement to you seems obvious enough. What benefit is there for the Meads?

JAMES FINNEY:   The agreement makes it clear that I am giving up any right to the proceeds from the rental or lease of the Finney property until my father's death.

ROBERT MEAD:    I see that Doughty is proposing that we and you put up $1 each for a filing fee.

CATHERINE MEAD: The agreement seems simple and straightforward enough to me.

ROBERT MEAD:    After we sign, will you file this with the Meadville Court?

JAMES FINNEY:   Yes. Would it be possible for me to see my father now?

CATHERINE MEAD:     He is no better than he was the other day when you were here. I do not recommend it.

 

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ACT [II]        SCENE [1]

THIS IS THE FIRST MEETING OF JAMES FINNEY AND JAMES DOUGHTY SINCE JAMES FINNEY RETURNED TO MEADVILLE FROM NEW YORK STATE IN MARCH, 1827

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JAMES DOUGHTY:  I can tell that you had a hard trip. When did you get back?

JAMES FINNEY:   Yesterday. The weather was very bad between Erie and here. Rain and snow and impossible roads.

JAMES DOUGHTY:  Please tell me how you have been. As before, we have not heard from you during your absence.

JAMES FINNEY:   I have closed my obligations to my employer in New York and have returned to Meadville for good. I also understand the Rocky Spring house is vacant and intend on living there.

JAMES DOUGHTY:  Do you know that your father signed a second will and has given Robert Mead power of attorney? All of this came out just after you left two years ago.

JAMES FINNEY:   I did not know this. It appears time for me to get an attorney. Can you recommend one?

JAMES DOUGHTY:  Timothy Alden's son, Fox Alden, has just set up a legal practice in Meadville. If he is anything like his father, he will do well by you. But please, tell me about yourself.

JAMES FINNEY:   The good news is that I have given up drinking and have found the Lord. My life of dissipation and drink is over, thanks be to God.

JAMES DOUGHTY:  Well, I am certainly glad to hear of it. Can you tell me the story of how this came to be?

JAMES FINNEY:   I got talked into going to a revival meeting in Little Falls, New York. I was there for about six months. My crew was repairing a section of the canal that was washed out by bank erosion. I had been very dissatisfied with my life at that point. I had given up my family to build up a savings, but because of my drinking, I had little to show for it. I had also been disciplined more than once for being drunk at work. Drinking was acceptable; all of the workers got one tot of whiskey every two hours from the company, but drunkenness was not. I went with several other workers with similar problems to the revival, but was the only one of them that accepted Christ as his savior that night. That was four months ago and I have not had a drink since.

JAMES DOUGHTY:  What is it like for you now?

JAMES FINNEY:   I am at peace now. I do want a drink now and then, but when I get the urge, I get down on my knees and pray. I am also attending church on Sundays now wherever I can. In the last four months, I have been in six churches in six different towns close to our work on the canal. Now that I am back in Meadville, I plan to join a church here, probably the First Presbyterian Church. I have heard good things about pastor Bushnell.

JAMES DOUGHTY:  This is welcome news. I have been quite worried about you ever since Jane died. I knew when you came to me about Joe then, that I must help in some way. Joe has been a Godsend to me. He has not only helped immensely on the farm, but also has felt like son to me as well, which I feel certain you wanted. However, your return has to pose some kind of conflict for him. It may be some time before he works his way through all of this. Let's talk now about what you are going to do about your father and the Meads. I am assuming that you know that the Rocky Spring property was put up for sale by the Sheriff in January?

JAMES FINNEY:   Yes, I have heard about this and have moved back into the old Finney homestead. Many repairs need to be made to the home and there is much to do to the surrounding land as the previous tenants did not take care of the place. I will contact Fox Alden right away and will fight for my rights as best as I can.

 

 

ACT [II]        SCENE [2]

THIS IS THE FIRST HEARING OF THE  FINNEY/MEAD WILL DISPUTE BY THE CRAWFORD COUNTY COURT OF COMMON PLEAS. THE HEARING TAKES PLACE IN APRIL, 1827

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COURT BAILIFF:  Hear ye, hear ye, hear ye! All manner of persons, that have any business to do at this Circuit Court of Common Pleas, held in and for the County of Crawford of the Commonwealth of Pennsylvania, let them draw near and give their attendance and they shall be heard. All rise for the Honorable Judge Henry Shippen.

JUDGE SHIPPEN:  Good morning everyone. We have before us a case brought by Lot Parent Dunham and his wife, Catherine Mead Dunham vs. James Finney. Will the counsel for the plaintiff step forward and state their case.

D. DERICKSON:   Your honor, David Derickson representing the plaintiff. This case concerns an agreement between Catherine Mead Dunham and her brother, Robert Mead with the defendant, James Finney in 1824. The plaintiffs assert that James Finney attempted to deceive them through a transaction initiated by him at that time. In this transaction, they contend that he persuaded them to sign a document that prevented them from selling property of Robert Finney to meet property taxes due on Robert Finney's 200 acres of land north of town. They assert that not only were they deceived by him in this regard, but that he also did not follow through with his part of the agreement to file the paper that both parties signed at that time. They also assert that they gave him $1 in 1824 as their share of the filing fee, if he would do the filing. Later in 1824, the plaintiff discovered that the defendant did not file the paper as pledged. As a result of the defendant's irresponsibility or deceit, they have had great difficulty in placing Robert Finney's property on the market. The plaintiff's are requesting that James Finney return their $1 and that the court award them damages as well.

JUDGE SHIPPEN:  Mr. Derickson, just to clarify a larger issue in this case, it is my understanding that Robert Finney named his grandson, Robert Mead, as an agent under his power of attorney in matters of property in 1824. Also, Robert Finney died just one week ago on April 17th. Is this also your understanding?

D. DERICKSON:   Yes, your honor. I have a copy of the power of attorney paper and also the most recent will of Robert Finney, signed by him in 1824 and can submit these to the court as evidence, if you so wish.

JUDGE SHIPPEN:  Yes, please do so. It seems to me that this case will be more about the upcoming probate of Robert Finney's estate than the alleged agreement between the plaintiff and defendant in 1824. Do you wish to add further to your opening statement?

D. DERICKSON:   Yes, your honor. It needs to be stated at this point that the defendant has been grossly negligent in staying in communication with his own children, his father and the Mead family for the last six years. He has provided nothing for the support of his children and his father during that time. Also, that the Mead family has been the sole support of Robert Finney during his last years. Additionally, it appears that the defendant has taken occupancy of the Robert Finney tract of land in the last month and refuses to allow admittance to the Meads and is resisting attempts of the sheriff to conduct a court mandated sale of the land.

JUDGE SHIPPEN:  Does that complete your opening statement?

D. DERICKSON:   Yes, your honor.

JUDGE SHIPPEN:  May we now hear from the defendant's attorney?

T.J. ALDEN:     Your honor, T.J. Fox Alden for the defendant, James Finney. The plaintiffs allege a number of things that we must dispute. First, and most important, the plaintiffs withheld telling the defendant of a second will signed by Robert Finney when the defendant met with them in a visit to Meadville in the summer of 1824. As the plaintiff has been working on the Erie Canal from then to now, he has had no way of knowing of this development other than being informed by them. He has only just discovered the existence of this 2nd will in the last month. The defendant also asserts that if his father signed the last will, he was unduly pressured by the Mead family to do so. Also, during the defendant's 1824 visit to Meadville, he was able to visit his father and as a result of this contact believes that his father's mental capacity was so impaired that he could not possibly be able to give informed consent to that document. Secondly, the defendant does assert that he wrote to his father multiple times during his absence in New York state, but received no return correspondence. In regard to the $1 paid to the defendant by the plaintiff in 1824, James Finney admits to the plaintiff's account of the transaction, but states that circumstances out of his control at the time prevented him from following through with his pledge to file the paper and that his action was not a willful attempt to deceive the plaintiff. The defendant is prepared to pay the $1 to the plaintiff today, if it so pleases the court.

JUDGE SHIPPEN:  Mr. Derickson, please state the basis for your client's claim for damages and the amount desired.

D. DERICKSON:   Your honor, Robert Finney has been in the sole care of the Mead family for the last seven years and the defendant has been out of state for most of that time. Meanwhile, the Meads have been forced to deal with Robert Finney's financial matters. The two-hundred acre Finney property has been leased to various people during that time in order to at least pay for the property taxes. Over the last several years, the income for the property has fallen behind the taxes due. As a result, the property had to put up for a Sheriff's sale just this last month on March 16th. The sale was not made due to a last-minute legal challenge from the defendant. It is our understanding that the defendant came back to Meadville in early March and took occupancy of the property and Finney homestead. As the previous occupants withdrew late last year and there has not been any income realized from the property since then, the Meads have been unable to pay the property taxes due. This situation could have been avoided, if the Meads were not deceived by the defendant in 1824. Robert Mead had been given power of attorney by his grandfather at that time and could have sold portions of the Finney property to pay for Robert Finney's mounting debts. But the fraudulent agreement produced by the plaintiff at that time prevented this from happening. There is also the matter of the expense for the general and medical care for Robert Finney, which has been borne entirely by the Meads for the last seven years. We would therefore request that this court award a judgment of $200 to the plaintiff.

JUDGE SHIPPEN:  Mr. Alden, do you have anything to say about the claims put forth by the plaintiff?

T.J. ALDEN:     Your honor, it seems to us that the real issue here is the authenticity of the second will and that most if not all of the relevant issues have to be resolved through the probate process.

JUDGE SHIPPEN: I do agree with the defendant's counsel on this and will for the time stay the plaintiff's complaint until the matter of probate can be taken up later this year. I also order the Register's Court at their next term in July of this year to depose the signers of the 1824 Robert Finney will and the 1824 Robert Finney power of attorney documents. The chief issue for these depositions will be to establish Robert Finney's state of mind at the time of his signing of these documents. This case is adjourned for the time being and will be taken up at a later court hearing, most likely the November 1827 term.

 

 

ACT [II]        SCENE [3]

THIS IS THE FIRST MEETING OF JAMES FINNEY AND HIS ATTORNEY, FOX ALDEN SINCE THE APRIL, 1827 COURT HEARING

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JAMES FINNEY:   How did you feel that the April hearing went?

FOX ALDEN:      I was very pleased with the position taken by the court in this matter. I have a very high opinion of the judge and am optimistic about an outcome favorable to our side.

JAMES FINNEY:   As you know, I am now living at the old Finney place. Do you think that I should begin paying on the delinquent tax bill?

FOX ALDEN:      No, everything is now tied up in the probate process. You will definitely want to save your money toward settling these matters at the end of the court review before the end of the year.

JAMES FINNEY:   I want to put a notice in the Crawford Weekly warning against trespassing on the property. Do you have an opinion on that?

FOX ALDEN:      Why do you want to do that?

JAMES FINNEY:   About 100 trees have been cut down on the northern end and have been hauled away. As of yet, I do not know who is responsible. I suspect the hand of the Meads in this, but probably can't prove it.

FOX ALDEN:      I don't see any legal argument against your posting a notice. We are assuming that you have a legal right to your share of the property and currently have possession.

JAMES FINNEY:   Do you have any thoughts about the 1824 will and the Meads withholding information from me about this at the time?

FOX ALDEN:      Well, it is certainly unusual. It is hard to see how your father would have wanted the 1821 will changed unless he were pressured to do so by the Meads. I have had an occasion to speak with my father about some of the Finney and Mead history relating to all of this. He states that the Mead family finances have been troubled since the General died in 1816. His wife, your sister, tried to keep things together until she died in 1823 and everything was then turned over to Robert Mead who was only 23 years old at the time. The General it seems owed money to everyone. He had extensive land holdings, but little income from his investments. Of course, all of his creditors have been clamoring for payment for a decade. Not just the General's immediate family are at risk in this situation. Members of his first family, notably Darius and William Mead, are probably advising Robert Mead in all of these financial affairs, including this lawsuit.

JAMES FINNEY:   Are you saying that I am taking on the entire Mead family in this dispute?

FOX ALDEN:      Yes indeed, and as you know, they are very powerful in this part of the world. The Rocky Spring tract is a rich plumb ripe for the plucking and you are the only thing between them and their acquisition of it. Other people stand to gain from all of this as well. Dr. Bemus should not be an executor of the 1824 will as he has a very strong conflict of interest in the matter. As you probably have heard since you have been back that the doctor has built a dam and grist and saw mills on French Creek next to your land. At present, he does not have adequate access to the site and needs to build a road through your land to fully realize the business potential of his project. And that is not all according to my own father, Dr. Bemus is the administrator of the David Mead estate and has been since 1824. Other neighbors of yours may not admit it, but they are also closely watching the outcome of all of this with an eye on acquisitions of their own. Remember that this is a very small community and everyone has an interest in the affairs of others. And while we are talking about it, I just want to say that Catherine Mead's brother-in-law, Simeon Dunham, who signed the 1824 will has a definite conflict of interest. Even though Catherine and Lot Dunham were not married at the time, they were betrothed. This means that all of the principals of the 1824 will were compromised by their interest in your father's property. While I believe Thomas Frew to be an upright man, he does have extensive property holdings immediately next to yours.

JAMES FINNEY:   How do we prepare for the next court hearing?

FOX ALDEN:      Judge Shippen has asked that depositions be made for Daniel Bemus, Catherine Mead Dunham, Thomas Frew and Simeon Dunham. We can also call our own witnesses to your father's condition at that time. Can you think of anyone who you would want?

JAMES FINNEY:   Yes, I would think that James Hamilton would be in a position to judge this. He is an old friend of my father and is well respected in town. Another question . . . Should we depose the signers of the 1824 power of attorney document? That would be Carpenter Osburn and James White.

FOX ALDEN:      I don't think so at this point. It seems a moot question to me as Robert Mead apparently never exercised his authority in this regard.

 

 

ACT [II]        SCENE [4]

THIS IS THE FIRST MEETING OF THE MEADS AND THEIR ATTORNEY, DAVID DERICKSON, AFTER THE APRIL, 1827 COURT HEARING

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ROBERT MEAD:    How do you think things stand for our side at the present?

D. DERICKSON:   I think that James did a smart thing by moving into the old Finney homestead. This gives him the advantage of possession and will buy time for him and Alden to prepare his case for probate. He has posted "No Trespass" notices in the Crawford Weekly and I do recommend that you honor his position for the time being.

ROBERT MEAD:    But, we also have a right to that land.

D. DERICKSON:   Yes, but that all has to be determined by the probate court in due time. The most important issue facing us now is how the deponents' testimonies fare in court under cross examination by the other side. Were Either of you present when your grandfather signed his will?

ROBERT MEAD:    I was there through some of it, but stepped out at the time he signed it.

CATHERINE MEAD: I was not there.

LOT DUNHAM:     I thought you were there.

CATHERINE MEAD: I was in the house, but not in the room where grandfather was.

D. DERICKSON:   We can count on the defense to attack the possibility of conflict of interest in the witnesses. Who do you think might be the most vulnerable to attack?

ROBERT MEAD:    Probably Dr. Bemus. Unfortunately, he is also the administrator for the General's will which is still under dispute after all these years.

D. DERICKSON:   Please tell me more about this.

ROBERT MEAD:    Originally, my mother and grandfather were the administrators of the will. When my mother died in 1823, Dr. Bemus was named the acting administrator. Since then, he has had to fight off numerous creditors of my father who have filed extensive legal claims to the General's property. The legal costs for all of this have been quite large. No one knows where it will all end.

D. DERICKSON:   This brings up another sticking point. How have the Meads been accounting for any co-mingling between Finney and Mead finances over the last three years?

ROBERT MEAD:    We have kept records, although I don't know how reliable they are, as I am not trained as an accountant.

D. DERICKSON:   In your own words, how would you describe the finances of Robert Finney in his last years?

ROBERT MEAD:    His only income was from the leasing of the Rocky Spring tract. In the last two years, this was not enough to cover the taxes. During that time, nothing could be done about his other debts.

D. DERICKSON:   Do you have any accounting records to demonstrate this?

ROBERT MEAD:    As I said before, I am not an accountant. So, probably not.

D. DERICKSON:   Please gather together what you have; we will need it. The other side will want to poke holes in our position that you were operating responsibly and not misusing Finney assets or income.

ROBERT MEAD:    I don't know why we are the ones to prove our innocence in this when James Finney has been most unreliable in his conduct over the last seven years.

D. DERICKSON:   That is an insufficient response to any charge of misdoing on your part. The court would not be impressed with an attempt to sidestep the issue. How do you keep track of your own finances and that of the Mead Mill?

ROBERT MEAD:    My father, the General, never had an accountant; he always wanted complete control over his finances. I don't know why I should do things any differently.

D. DERICKSON:   What is the current state of the Mead family finances?

ROBERT MEAD:    We are very much in danger of losing our own home and land to creditors. This is a situation caused by some bad business decisions made by my father in the last years of his life.

D. DERICKSON:   The other side is likely to charge in court that the 1824 will was put forth as a way out for the Mead family in its own financial troubles. We have to be prepared for that attack.

ROBERT MEAD:    But that is absurd. We have conducted ourselves most honorably.

D. DERICKSON:   I know that is what you believe. What can be proved in court is another matter. Who else in the Mead family is advising you in all of this?

ROBERT MEAD:    My brothers William and Darius have been in contact with me and have made known their own opinions. I have also had some contact with Dr. Bemus regarding how all of this may impact the General's estate.

D. DERICKSON:   What are they telling you to do?

ROBERT MEAD:   I think that my brothers are concerned about the further loss of Mead property through any litigation. I don't really know what Dr. Bemus' opinions are. He is very careful about what he says.

 

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ACT [II]        SCENE [5]

THIS IS THE JULY MEETING OT THE MEADVILLE REGISTER'S COURT; COURT REGISTER JAMES COCHRAN, PRESIDING.

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COURT BAILIFF:  Hear ye, hear ye, hear ye! All manner of persons, that have any business to do at this Register's Court of Crawford County, held in and for the County of Crawford of the Commonwealth of Pennsylvania, let them draw near and give their attendance and they shall be heard. All rise for the Court Register, James Cochrane.

JAMES COCHRAN:  May the attorney for the plaintiff step forward and state their case.

D. DERICKSON:   Your honor, I am David Derickson, the counselor for the plaintiffs. May it please the court, we will report that the signers of the Robert Finney 1824 will have appeared today to give testimony as to their signing of the will.

JAMES COCHRAN:  Please call for your first witness.
 

THOMAS FREW IS CALLED TO THE WITNESS STAND.

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D. DERICKSON:   I call Thomas Frew of Mead Township as our first witness.

COURT BAILIFF:  Thomas Frew, do you swear that the testimony that you are about to give is the truth, the whole truth and nothing but the truth, so help you God?

THOMAS FREW:    I do.

D. DERICKSON:   How long did you know the deceased Robert Finney?

THOMAS FREW:    I have known Robert Finney for over 30 years. My father, John Frew and he were among the first settlers of Meadville and Mead Township in 1795. They also purchased land next to each other in 1796. Both properties have continued in the Finney and Frew families since.

D. DERICKSON:   How well have you known Robert Finney in his last years?

THOMAS FREW:    I have been acquainted with him about thirty years, For about five years he lived about two miles from me. I saw him often when he lived on the Rocky Spring tract, but when he went to live with his daughter, Jennet Mead, in about 1820, I saw him only very occasionally.

D. DERICKSON:   What can you tell us about the meeting in which he signed his will?

THOMAS FREW:    The meeting was held at the Mead home. To the best of my memory Dr. Bemus, Simeon Dunham and I were the only persons present other than Robert Finney.

D. DERICKSON:   What can you tell us about his condition at the time of the signing of the will?

THOMAS FREW:    At certain times he appeared to be childish, at other times rational. At the time of my being called to witness this, I don't recollect of hearing him say anything except answering the questions asked to him by Dr. Bemus. I was at this house on the same day evaluating property and heard him converse both before and after the witnessing paper. I would suppose that if he was asked any question, he could answer it correctly, but if left alone he would begin to talk childish. I would not suppose he was able to compose himself long enough to make a will, but if it was written and read to him, he could judge if it was right or not. I can't say for certain whether he had discretion of mind enough to judge of and understand it. It might be that he can't.

D. DERICKSON:   Thank you Mr. Frew. I have no further questions for this witness.

JAMES COCHRAN:  Mr. Alden, you may now cross examine this witness.

FOX ALDEN:      Thank you, your honor. Mr. Frew, Along with Daniel Bemus, Robert and Catherine Mead were named in the 1821 will as the executors of Robert Finney's estate. Do you remember why Robert and Catherine Mead did not attend this meeting?

THOMAS FREW:    I do recall at the time feeling puzzled by this, but did not ask and do not recall any thing said by anyone else on this subject.

FOX ALDEN:      You stated earlier that Dr. Bemus asked Robert Finney a series of questions. Do you recall any of the questions and Robert Finney's responses?

THOMAS FREW:    I don't recall anything specifically.

FOX ALDEN:      Do you remember approximately how many questions Dr. Bemus asked of Robert Finney.

THOMAS FREW:    It seems to me that only four or five questions may have been asked by Dr. Bemus.

FOX ALDEN:      Do you understand the importance of this question to you.

THOMAS FREW:    Yes, I believe so. These are probably typical questions that a doctor or attorney might ask to determine the mental capacity of the person.

FOX ALDEN:      Now that your memory may be refreshed by all of this, I want to ask again, do you remember any specific question asked by Dr. Bemus of Robert Finney?

THOMAS FREW:    Well, I seem to remember that Dr. Bemus asked him the names of his children and grandchildren.

FOX ALDEN:      And how did Robert Finney respond to this question?

THOMAS FREW:    I believe that he stumbled on some of the details. He seemed to forget his deceased daughter, Jennet, and son, James Finney. It may be because his daughter died last year and the whereabouts of his son was unknown at the time. When asked about his son by Dr. Bemus, he stated that James Finney was probably dead.

FOX ALDEN:      Which family members did he readily remember?

THOMAS FREW:    I do recall that he was able to identify Robert and Catherine Mead as his grandchildren.

FOX ALDEN:      Is there anything that you want to add in regard to your impression of Robert Finney's mental capacity?

THOMAS FREW:    Only that he was old and frail in body and mind. He was upwards of eighty years of age.

FOX ALDEN:      One last question of this witness, your honor. Mr. Frew, did you know that Dr. Bemus was the executor for the David Mead estate at the time of being also named executor of the Finney estate?

THOMAS FREW:    I had heard about this in the community, but do not have any direct first-hand knowledge of it.

FOX ALDEN:      Do you believe that it is appropriate for Dr. Bemus to agree to these dual responsibilities? Can you see a possibility of a conflict of interest?

D. DERICKSON:   Objection. The questions calls for an legal opinion from a lay person.

JAMES COCHRAN:  Objection sustained. The defendant's counsel will withdraw the question

FOX ALDEN:      I withdraw the question. Thank you, Mr. Frew for your testimony today. I have no further questions of this witness at this time.

JAMES COCHRAN:  The court will now adjourn for lunch and will begin again at 2:00 with the plaintiff's next witness.

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THE COURT HEARING RESUMED AFTER A LUNCH RECESS; SIMEON DUNHAM IS CALLED TO THE WITNESS STAND.

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JAMES COCHRAN:  The plaintiff's attorney will now call the next witness.

D. DERICKSON:   Your honor, we wish to call Simeon Dunham. Mr. Dunham, State your name and relationship to Robert Finney, please.

SIMEON DUNHAM:  My name is Simeon Dunham. I have been acquainted with Robert Finney for many years past, but more particularly for seven years past.

D. DERICKSON:   Please tell the court what you remember when you witnessed his signing of the will.

SIMEON DUNHAM:  I am not certain that I saw Robert Finney sign his name, but if I did not see him sign it, he acknowledged it to be his signature. I was called on to be a witness. Dr. Bemus asked him if he was satisfied with it, He said he was and acknowledged it as his act and deed and that it might be recorded as such. Them were his words. I was with Robert Finney all that day. I conversed with him and heard him converse. He appeared rational. Sometimes, he appeared forgetful, but he appeared to me to have his common sense as formerly when I have seen him.

D. DERICKSON:   I have no further questions for this witness, but reserve the right to raise questions to him later in this hearing.

JAMES COCHRAN:  Mr. Alden, you may now cross examine the witness.

FOX ALDEN:      Thank you, your honor. Mr. Dunham, please tell the court how you have been "more particularly acquainted" with Robert Finney in the last seven years.

SIMEON DUNHAM:  About seven years ago I considered his mind as good as it ever was. His mind has become more frail since, but I can't say exactly when. Ask him a question and he would give a rational answer. Of later times he did appear to fail in long conversations, but I thought it was from forgetfulness, I do not recollect that his paper was read to him before he acknowledged it was his signature. I thought he was capable of making a will at that time and since that he spoke to me on the subject of his intentions of disposing of his property and appeared capable. He told me his calculations, that be a debt paid to the Northwest Bank and the rest divided between James Finney's children and Mrs. Mead's children. He supposed at the time James Finney was deceased.

D. DERICKSON:   Your honor, may I interject an important piece of information at this point in the hearing.

JAMES COCHRAN:  Mr. Alden, will you give the floor to Mr. Derickson for a short statement?

FOX ALDEN:      Yes, your honor.

D. DERICKSON:   At the time of the signing of the will, James Finney was presumed to be absent somewhere to the Southwest. Robert Finney supposed him dead because he had not written to him. Robert Finney has lived for the last ten years with his daughter, Mrs. Mead, till her tragic death in 1823 and since then with his granddaughter, the plaintiff, Catherine Mead, now Dunham.

JAMES COCHRAN:  Mr. Alden you may now continue with your cross examination of Mr. Dunham.

FOX ALDEN:      Mr. Dunham please tell us the nature of your relationship with Robert Finney.

SIMEON DUNHAM:  My father, Phineas Dunham, and Robert Finney were old friends from the early settlement days of Meadville. I have known him and his son, James Finney, through the family friendship since I was a boy.

FOX ALDEN:      And now please tell the court about your relationship with the Mead family.

SIMEON DUNHAM:  As with the Finney family, the Dunham and Mead families were of the first to settle Meadville and have been known to each other for thirty years. I have been friends with Robert Mead since I was a boy. We are of the same age. Through that friendship, I have gotten to know all of Robert's brothers and sisters. I did not get to know General Mead, as I was but 18 years old when he died. I do have fond memories of Robert Mead's mother, Jennet.

FOX ALDEN:      Is it true that your brother, Lot Dunham, is married to the plaintiff, Catherine Mead?

SIMEON DUNHAM:  Yes, they were married on October 27, 1825.

FOX ALDEN:      Were they involved in a relationship at the time of the 1824 will?

SIMEON DUNHAM:  Yes, I believe they were betrothed at the time.

FOX ALDEN:      Who asked you to witness the signing of the will?

SIMEON DUNHAM:  I believe it was Robert Mead who asked me.

FOX ALDEN:      Mr. Dunham, do you know who prepared the will document for Robert Finney to sign?

SIMEON DUNHAM:  I don't know exactly. My impression was that it was produced by either Dr. Bemus or Robert Mead.

FOX ALDEN:      Do you remember any of the questions asked by Dr. Bemus of Robert Finney at the time of the signing of the 1824 will?

SIMEON DUNHAM:  Yes, I do seem to remember that Dr. Bemus asked if Robert Finney felt that anyone was forcing him to sign. I recall that Robert Finney said no.

FOX ALDEN:      Was Robert or Catherine Mead present at that time?

SIMEON DUNHAM:  No, they were not.

FOX ALDEN:      Do you recall why they were not?

SIMEON DUNHAM:  No, I do not.

FOX ALDEN:      Thank you, Mr. Dunham for your cooperation. I have no further questions.

JAMES COCHRAN:  Mr. Derickson, do you have any further questions of this witness?

D. DERICKSON:   No, your honor, I do not.

JAMES COCHRAN:  We have time today for one more witness. Does either party want to call for one.

D. DERICKSON:   No, your honor.

FOX ALDEN:      Yes, your honor, the defense wishes to call Dr. Daniel Bemus to the stand.

D. DERICKSON:   Objection, Dr. Bemus was not required by Judge Shippen to offer testimony in the Register's hearing today. Only the official witnesses to the signing were.

JAMES COCHRAN:  It is true that this is not a trial court and that adverse testimony is best delayed until it can be heard in the Court of Common Pleas in November. The objection is sustained.

FOX ALDEN:      In that case, the defense wishes to call its own witness, James Hamilton.

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JAMES HAMILTON IS CALLED TO THE WITNESS STAND.

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FOX ALDEN:      Mr. Hamilton, please describe your relationship with Robert Finney.

JAMES HAMILTON: I have been acquainted with Robert Finney since 1798. Since 1808 I have lived in town and he lived about two miles from town. I have not been much in his company since he moved to his daughter's home. I think I saw him but once since. He was unwell and I had not much conversation with him.  

FOX ALDEN:      How would you describe his mental capacity at that time?

JAMES HAMILTON: Before he moved to his daughter's home, I thought his mind had grown much weaker. He had failed in his mental faculties. I suppose he could make a disposition of his property, but I could not suppose he would make a judicious one.

FOX ALDEN:      Thank you, Mr. Hamilton. I have no further questions.

JAMES COCHRAN:  Mr. Derickson, do you have any questions of this witness?

D. DERICKSON:   No, your honor.

JAMES COCHRAN:  Mr. Alden, do you have any further witnesses?

FOX ALDEN:      Yes, your honor. I have one more witness, James Doughty.

D. DERICKSON:   Your honor, I object to testimony offered by Mr. Doughty. He is a well-known friend of the defendant and cannot possibly give anything but a prejudiced opinion on the mental condition of Robert Finney.

JAMES COCHRAN:  Mr. Alden, you may call this witness to give testimony in trial court, not here. Does either side have any further witnesses? Hearing none, this hearing is closed and the case shall be put down for trial at the next term of the Court of Common Pleas in November.