Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1847-07-26
A GREAT WILL. CASE.

A GREAT WILL CASE
A caae which attracted great deal If attention has
RECENTLY bsen d, cided in tho Court ut Merriam p,ol
Massachusetts II grew out Of the will Of The late OIL
yer smith, of Hatfield. IN that State. he deccdent
who was over eighty yCars of age II estate inven-
lorlsd nj rce hundred and ninety six ,b,rsand dolars
lbs was r thu most part, tho result Of patient accuu
laon aud len,,stnen Of interest. though during tho
as' years ol his life his property much increased iy
Investments IN stocks al reduced prices lie never mar
red and II is believed his personal expenses never ex
eeeded 500 year Ills viii excluded his heirs from
he hok OF his property and gave II to trustees To be
ualed ~ par lor sky years mure and 10 To Ultimate,
u'' ' 'he support oi an agricultural institution. and ca
giving wedding PORTIONS. Sc, /" ,rr'ain persons l.,
selected hom eight towns specified in the ILL., The
hons contested the validity Of the will; hut in doing 80
raised no legal question except as To the competency
ono o three al'esling witness,s who alledged to
INSANE Mt The lime oi ntcsinliun. Counsel Of eminei
ahl'ly were employ ed nmoug them Mcs.rs. Welstrl
aud Nloae, the lvmor for the detrce, the latter for IL
plant Ms.
y dryosed upon the Counsel seeking 10 maintain il
vi" 10 gyeihe primary proof oi its execution and fur thu
purpose the lhfto subscribing witnesses were called am
examined. The lasl which cnme forward was Theoph-
nus PARSONS Phelps, young man. and the witness ii
lodged To ho insane. lie is represented TO have had a
shy slcht, downluk He cred tho ordinary ques-
ions Here, says eorresp ndent Of the New York
rbnnc, ut was thought his examination by the Coun-
sci calling him would cease, ind he would be- given 10
he
practice. But MIR, Webster thought otherwise The
Other side had 50 lar opened rir ease that they relied
upon proving the insanity Of his winess--and Nj
" obsltf seemed 10 lhiuk II fine opportunity 10 turn
t''r HANK by meeting their nj unce and era,ninr
W r'Nht1 hpSfv, on that rery point. This VIZ
somewhat Of surprise to the opposite party--but II
occnson seemed 10 demand it, aud M Webster Lad ft
tear To meet it,
lbs course being approved by the court. Mr. W.
sicf enered vigorously upon the task. Il was clear II
q ria ntii IN, ,u1,4 ,,t I
pi'a'. The VIII was atestcd IN IA. The unlfflnE
to prove from his own testimony, the condition Of -
own eamy was delicate one lie kept On the 81
three hours (on the 9Th July land his testimony WAS
az 10 make the case most remarkable one The sa,;,o
correspondent Of The Tribune SAYS:
lie haid that he was Of sound mind though not yuod
bodily health being much troubled with headache and
dyspepsia he had been thus or less sick since
lei-that IN lSl3 accident Of his father brup h on
an excitement which caused dclrlum and loss OF SAM
y--iiA' ne knew then, iu could not control --iha
he threw himself into the river in August, '2-he ea
hardly tell Why but got out ~ an Of his own accoai-
mat Tins dolus'on OF insanity lasted I'LL the winter Of u.
when II went un-tha, in March, IA he wrole li,le
treatise, "A History flhe Five Books Of Muses. - which
was published by tile Tract Society-iat when he at
tested ,ho VIII he was perfectly free from delusiuu,
sanity, Sc.
lie is represented to have gone through the eysuna
hon nobly. aud his examination was still more sue
c'ssni. No si,rewdess could enrap him OF bring him
into Inconsistency.
"" me fh me counsel Tor setting aside the will
daVofcd TO prove the insanity Of tho witness by tho Doc
tors, number Of whom of high repu ation were exan-
The following interesting notice of the arguments
81 The leading counsel in the case, take from the Til
bune
The arguments the opposing counsol-NIr. Wol-
'cr aud 6hualo--in this were distinguished &
Their logca acuncn and hgii intellectual polish. They
were, too, characteristic Of The authors. Mr. Choa,si
had Nil the copous imagery and beautiful illustration
he tbn sri,a All
scrs was dsngus cd by that terseness of EXPRESSION
that Dorc subliny. found nowhere but in his own IN
I'M table pr, dnctions
Mr. Choale scanned with much power the difIcryn,
phases OF Insanity analyzcd its character and conten-
plated It's bearing upon conduct "Ie dwcl, with gre,
elect, says the Hampshire Gazette, ..upon scclusi
as cause Of melancholy aud madness; and conclnd-
WIN beautifully appropriate quotation from Burton
Anatomy Of Melancholy "--hs closing injunction 10
Tn Sc disposed 10 insanity: BE solitary. be no.
idle" "
MIR. Choate spoke for t,ee hours to crowded an
most attentive audience. and was followed ly MIR. Wei
sef IN an argument of two hours
In his exOrdum, Mr.. w. paid well deserved co,oph-
mont tot he great powers Of his opponnn There WAS
nothing extraordinary he said .n the case Il
VOWED merely tho a'ies'a ion Of will. There may ia
interesting circumstances around il. The case turns
good deal on The character u young man. The proper
is large. The heirs are disappointed There is eloue a
TO make scene and picture. here is the clnvn5s,
AMI as you see, Glowing 10 MIR. Choato) there is
ter.o
Things have been presented in dramatic form
Dramas are made from occurrences. : 10
hand Of master gives them interest. The scenes 9l
Shakespeare are m Interesting now than when they
occurred II Isl common remark that APOLLO and Venus
and all statues, but human work wrought out Of
rough stnnesp
In relation TO the modern notions of Insanity Nj
W ebster SAID I'll is moi every degree Of insanity Lat
ncapaciat,sa man for business. A witness must have
power and intellect enough 10 apply his mind the att
pri lui,f nm lncip
tate man tor business. Look at the practical RESI-;
Of the theories set up here. is competent To 10
anything he undertakes to do and yet the doctors prove
lurking insanity which units him for business and .a-
erOp,s him from crime.
Experts have been called give their opinions agree
ably To modern progress in The diagnosis Of insanity
am content with Lock and Reid"
The jury was charged by Judge Wilde on the sh
and IN half hour returned a verdict sustaining the Il
The Tribune adds:
MIR. Webster is said 10 have conducted the case wish
extraordinary tact His examination Of the witrsss-
particularly the alleged insane one required bur it,
tic additional intellectual exertion 10 obtain verdict
lie has said himself THAT conduct is require Ia
trials before ries than speech Advice Of inpori4ca
to young lawyers.
Correspondent If the N. York Courier, sreakn. +
the cast in plaster Of the Sntue Of Washington in ths