The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1873-02-20
HORACE GREELEY's INSANITY.

When person becomes insane with
out his own fault, it is so terrible a mis-
fortune as to excite only the pity of all
good people. 1t is nothing disgraceful
1t excuses homicide, and all other acts
committed while in this condition.
When Horace Greeley consented to be
the candidate of the old rebel party for
President we knew there was something
wrong with MIN. When he made that
remarkable speech in Pittsburgh, and
denied it the next night in Cincinnati,
we knew that he was insane, and said so
in a speech we made in the Court House
in this place shortly afterwards. Some
of the Democratic papers denied his in
sanity even after his death. But the
most charitable and merciful view to
| take is, that he was partially insane dur
ing the whole Presidential campaign.
Now his insanity has been established
upon sworn, legal testimony, had upon
the contest of the will. We give couple
of extracts from the decision of the Sur
rogate, an officer similar to the Probate
Judge in our own State
In every case a testator is presumed to
be sane. To this presumption is usually
superadded the testimony of subscribing
witnesses, generally non-experts, to the
effect that they considered the testator
to be of sound and disposing mind and
memory Here the subscribing witnesses
testified to a compliance with the usual
formalities by person whom they con-
sidered of sound and disposing mind and
memory. Thereupon, and without re-
gard to any facts or circumstances occur
ring at any other time OF place than the
scene of the execution, the proponent
was held to have made out prlma tacle
case, and the burden of proof was thrown
upon the contestants to establish the
fact if they could, that some or more of
these formalities had not been complied
with. or that the testator was incapable
of making a will by reason of unsOund-
ness Of mind. They sought to assert its
validity on the latter ground. 1t is per-
haps unnecessary to detail with any de
gree of minuteness the testimony which
the contestants adduced with view tC
establishing insanity. Suffice 1T to say
that the intimate associates of the de
cedent observed at least as early as Nov
l, 1872, in his acts, appearance, and con
versation, indications of alteration O
mind which gave them much concern
that this condition continued to Nov. >
, the day Of the date of the will in contro
versy, on which day his conduct and Ian
guage were of so marked and unusual {
} character as to leave no doubt of his IN
sanity. The painful history from thu
period down to about Nov. 20, when h,
, was removed by his friends to the pri
vate asylum Of DR.. Choate, near Pleasant
f Vile, is furnished by the testimony, ant
t there it ceases. From that date to few
hours previous to his death, on Nov. 29
we have no direct evidence as to hi
> bodily or mental condition. <
With respect to persons of unsounC
mind having lucid intervals, it Is suticien
if the evidence adduced in support of th
= > will shall establish that the party afflicted
i had intermissions and that there was al
n intermission at the time of the act; bu
i the order of proof and presumption
. thereby inverted. For where insanity j
established, the party who would tax
advantage of the act. done during an il
d terval of reason, must prove such act t
n have been so done. Cartwright agt
Cartwright, l. Phillim, p. 90) In thi
E, instance we have the general insanity c
the decedent established and no suficien
q proof that at the time of the fact,tm ther
IS was an interval Of reason. Applying th
q above principles to this state of facts,
!, follows that the will of 1872 must be r'
u fused probate The will of 1871 havin
h been duly proved, must, therefore, b
,, admitted as the last will and testamen
i OF Horace Greeley. OWEN J. COFFIN,
Feb. 10, 1873. Surrogate