, 1873-11-10
LEGAL INTELLIGENCE,

'4hG duncan VIII EM8G-PF0m3nEn1
Physicians from Chicago and De-
troit OIL tho knbln Dis.
nErecncnt Mctsvccn the Doctors
Programme for This Week.
Special Dtspatch to The Chicago Tribune.
BATTLE CnEEN, Mich, Nov. 0.-Tho testmou,
in tue Duncan will trial, at Marshall, closed yea.
to-day with largo amount OF medical evidence
from prominent physicians.
The Rev. A. G. Dobbs tostified to bis intitnaov
with Mr. Duncan also that lie regarded him rs
q sharp. keen business man; never heard of his
receiving an injury. Witness said he WAS tolo-
graphed to come to Marshall by Bishop Simpson.
Henry Waller, Of Chicago, testiaod to some
facta concerning tho purchase Of the Holden
farm. Ho thought the title defective ut the time
believed Mr.. Duncan to have been cautious but
unoultivatod man.
DR.. Allen, Of RuHh Medical College, Chicago
considered the original disease Of the testator to
have beon disease of. the heart; did not sec
evidence Of disease OF tho brain &C.
cording to tho dopostions OF ORA.
D3iekey, l3le paTdon. m. and Murry; also thought
he thought NJ. Duncan had sufficient capacity
on h1ny 20, 1871, to plan and execute q viii iiko
the ono in question :; thought that an injury on
the hoad would tend to mental arrangement.
Dr; Jcnks, Of Detroit, gave similar evidence ;
hayo been in good mental condition did not
500 how tho medicine taken by hIr. Duncan
could infect. tho intellect.
Dr.. Gum, OF Chicago. said he had beer =
loved Mr. Duncan WAS able, At tho time Of max
Ing the will, to oxorciae.his mental faculties.
Or. Androws gave about the samo avideuce.
When told to Btata substantially the contents Of
tho will which he had passed judgment upon. ho
was unable to give moro than general desorip-
ton. DR.. aeer, also Of Chicago, thought that Nj:
Duncan suffered from q primary disoaae Of the
heart, basing Ills opinion on the fact that his
disease vas chronic. II tho disease was acute,
hia opinion would bo changed,
Pr, johnson gave q similar yordtct, after
Which longthy hypothesis was put to each
physician, when thoy all substantially gayo thoir
opinion that Mr. Duncan possessed suffIciont
montal Il power on ths 2oth Of May, 1871, to e.
DR.: Gettcs, Of Po: land, also believed the tes-
tators olaaase was ohrouio. He believed him to
Aayo been able to make will like the one jn
question. but that Mr. Duncan had pain on tho
Soth OF April, 1871, showed that hla disease vas
both acute and chronic.
Or. ltay. Of Philadelphia, thought that in
making his will Mr. Duncan eyipced those fac
was ablo to remember tho nsmos Of
tue family, and Waa conscious Of what ha did
trouble aahoYt tue viii, and looked ahead for f,l-
t4re litigation. On oross.examination, htr.
Hughes asked tue Witness il ho basod bis opin-
ions upon tho clause In the will providing agauee
future litigation. Witness said he dld, Mr,
fItafhea tIa !; further asked witnssa f. he thought
at all Witness Thought II WAS. x parl
n the deposition Was read to Witness, whom the
1atter acknowledged that this clause waa suez
geated By Lindsey and Stewart, tho craftsmen 81
tho Instrument. Tho Latter proof at the Inter
M fesonce OF Lindsey snAsteSart In drawing up tho
bill will dnuhtl6aH have rraat .vovht IL tEn
cAHe,
There we're three doctors on zach aide, thoaa
Tor tho contestants gave nearly opposite evidence
from those that offase4 1or the will.
That opinionR Of medical men should
differ 80 largely y pattor OF much comment,
Ila oroHs-oxamtnaton OF tho expqrse on the
aldo Of tho proponents by Mr, Hughes was worry
severe, and l. ~ many oaaes alinoat seemed to
nounsol will be, opnned by J. q. Fitzgerald, Of
Grand Rapids, for the proponents to-morroW
afternoon. Ite will bq followed by II. II, brown,
Of tlla city, or Ashley noia, ot Detroit, for the
eontoatantn. Mr. lfugiloa, OF Grand Rapids,
Win tl!6il follow for tito contestants, Mr.
!L!othrop, closing the casa In behalf Of thq WILL
There will douhsleAa he large attendance mt th9
Court from thiB and other ulAces, "''' 20 J, :-