The New York herald., 1869-11-12
TEE GATES WlLL CASE.

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Important Medical Testimony--ssanity or In.
sanity Ca Further Adjournment
The adjourned legal examination touching the
contested validity OF the last will and testament OF
DR.. Carlton Gates late of Yonkers, Westminster
county. Of which full particulars have heretofore
been given in the HERALD, up yesterday before
Surrogate ]. W. Mills, at the Court House, White
Plains In resuming the case counsel for the egatees
reviewed the testimony which had been offered by
the contestants, deducng therefrom that nothing
had been shown to support their theory OF Insanity
on the part Of the testator to prove aught that
man, under the influence OF alcoholic stimuIants,
would not or could not have done.
DR.. G. 3. Upham, whose testimony was given at
the last hearing OF the case was recalled and In his
cross-exainination testified that he, as attendant
physician on the deceased had prescribed
brandy for him. This was done because
the pneumonia, from which the deceased was
suffering, HAD assumed a typhoid form. The
witness testified that deceased had, In his opinion
taken greater quantity OF stimulants than he had
ordered, but did not know whether they were taken
In excessive quantities on more occasions than
three. Witness expressed his opinion that deceased
was monomaniac on the subject Of, as he alleged,
having received iiLtreatment at the hands OF
his mother ,e,;., On On mis- redirect examination
aversion toward his mother on only one occasion,
when he remarked that ne would feel better 1t
not for his mother; that she had given him a
great deal OF trouble aud unhappnsss: that
she was constantly interfering with his do
time wanted nutritious and well sooRed food .ai ana
deceased SAID 1t was impossible for him to get it;
his mother. although excluded from the sick cham
Der, always appeared TO be anxious for his health
and comfort.
The next witness called was DR.. Il. s. F. Arnold,
ceased for some years prior to his illness:
that he had met HIM socially and in
frequent conversations found him to be man OF
good education, with mind cultivated and refined
by having travelled abroad. lie attended deceased
IN lasC nness wH'.A hs was saiIeElng iron high
degree of nervous fever aud delru1l. Tns fever,
operating on debiitated condition OF he'systein.
deceased first spoke to witness abou5 making q
WI, On Friday about eight days before he died,
excited state OF mind On the Saturday OF the week
preceding his death witness found thar his delirum
had decreased, and that his intellect was REMARKABLY
clear. While entertaining the belief that ne had
been poisoned, as no time ala he state that any
member OF his family was cognizant OF The supposed
his death witness observed that the pulse
Of deceased was more rapid, the patient
was perfectly clear, ana at this time he had evi-
dently made up his mind that death was approach
Ing On the Wednesday before his death he en-.
deayored to converse but would stop SUI.
denly for while and In a little time take
up and carry on the discourse AT the pre-
buted this to physical weakness, but REGARDED
deceased's mind as perfectly clear rom the nreces
Ing Aonday: A decided change WAS observed ia The
patient on Friday caused ny congestion OF hts right
lnns, resulting In extreme reste essness; on
saturday morning deceased complained OF great
olhicuity In breathing, but although no Immediate
danger was anticipated he sank and died rather un-
expectediy during the day. Witness assisted at the
post-Imor.em examination when It was found that
the iyer and other portions of the abdominal
viscera were considerably diseased. The malady
would lead to astate OF chronic inflammation OF the
stomach, and might produce similar symptoms to
those resulting rom poisoning. in the cross-exami.
nation witness testified that DR.. Hurbut was in the
ing deceased, and that he generally remained
Ia the library. Witness could not state whether
the reverend doctor attended to his paro.
cnial duties or not during the interval
OF his visiting the deceased. Tho latter wished that
Dr. Hurbut should he In the house, and also ex-
pressed desire that witness should inform him from
time 10 time OF his deceaseds) condition DR.. Hurl-
but witness stated was seldom IN the sick mans
room on tn, the occasion OF his visits; tnat he
OF tho male nurse who was IN attendance Deceased
first spoke TO witness about his VIII on the Friday
week previous to his death, mentioning the same
time that he had consulted his lawyer about 1t.
witness subsequently received note from de-
ceased's lawyer ASKING MIN II he thought Carleton
reply was, that considering the state Of the patient
II would perhaps be imprudcnt at that time.
At TIM. stage tho witness was asked the name OF
the party wnom deceased had suspected OF poison.
ing MIN. 70 this counsel for the egatees objected
on the ground that deceased was deiirlOus ana not
responsible az the time tue statements on the
subject were made. The objection havlug
bcen ovcFruled, the Witness In turn appealed
TO the Surrogate, and urged tnat his obligation to
answer must involve a breach OF professional conf
dence. TINS did not avail, however, and the witness
was Instructed to answer tho question. Witness
tben stated that deceased Informed him Of quar-
rel with woman who was at one time his mistress;
that in connection Herewith n male friend, or
brother figured; that stormy Interview
nad taken place. ana that on the occa-
Bion he had partaEen OF some cake. and no was
under the Impression that the cake had been
poisoned. Fuftner the witness set forth that de-
ceased dld not designate the person on whom his
suspicious rested, but witness was informed that
the cake was eaten in New YORK.
Or. James II. Wood was sworn and In his testl-
Moy set forth that he has been practising physi-
cian IN the city Of New York since 1887; he had
known Carleton Gates for twenty-nine years, and
that deceased had studied medicine under him:
curing tue illness o the deceased witness him at
nls uouse "a fonkers; he was then suffering from
lnnhnlm&uon OF the lungs; witness visited the
1eceasel duIlag his last Illness frequently.
anu l0unu MN a. times very much excited
ABOUT ms disease aud other domestic mat
ters, zWhch tho witness did not care TO
mention; ne olso consulted the mother or the de-
ceased as 70 the iattcrs wish that she should not
renain ~ lhe house; his advice was received iu
ifiehdy sprit and acted upon by Mrs Gates; tie wit
ness on one occasion met Dr. urlbut nc the house
OF INC deceased and was ia ofnicd by ham thai
deceased nad sent for him TO see that nc
might receive proper care; deceased had SAID 10
w,tiess III an going TO do | must MAKE my
VIII. he was thca totd 10y witness that he was
not lnen ln nc condition, but, not needing, de-
ecdSgI added that Wlsued wiLnnaa In ho a,la af