The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-21

cluded with an eloquent appeal to the jury in behalf
OF the old that materially affected the cousins
and believed the eyes of counsel.
After recess which then taken. Counsellor
sibey argued at great length in behalf Of the consns
and then those for the proceeding He eulogized
Miss BUCKLE her house her table and her turkeys;
the expert DR. Corey who sat him. and has at
tended the sessions regularly. During his address
he engaged in friendly badinage with Mr.. Marsh.
until President Ward reminded him that his time had
expired. At the courtesy Of Mr.. Marsh he continued
ten minutes longer, making sport of Churchill and
Smith, witnesses for the defence and pedgng his
word that If the jury would pronounce him insane
cousin relative should have charge OF Wells or
Presdsns Ward then announced that Dr. Ayres would
charge the jury from medical standpoint ana he
did at considerable length his illusions to the in
diyidual right OF every man to be his own master
being received with great applause.
MEDICAL VIEW OF INSANITY.
DIR. Ayres substantially said I'll fear I may be
charged with incoherency, so wide is the field am
called to explore: The fact OF respectable person
being charged with lunacy throws upon him dis
credit This is met by the love OF fair play, the
succor OF another. ! would Danish tho words
clustered about the term "lunacy." we are all
connected with the Around that term
find incoherence, irratonaty. &c. Words
do the best they can so do doctors but their books
full of words. Good, practical men throw over
board these names, The mind is part OF the body.
have an old man, eighty years, who must say, is
remarkable instance of preservation. Independence
Others For the last act. rich poor die in debt
to others. Mr.. Wells is defective in eyesight; my
glasses too feeble for him. yet he managed to
read pretty we'll. That leads to many errors. He
has decidedly defective memogy--it osciates from
day to day; This is an agsrayati9 on OF s, com,
of life. The effect of these proceedings
must be considered. young would fight;
the old man bears it with philosophy. Does he feel
IL? Does it produce conclusion and disturbance
Not of you would go through it without feeling
it, Dr. Corey did NOT connect old age and tine acct
together,
slightest connection myself regard it all due to
ngs. 1t is difficult to draw differences to mental
condition from isolated instances. Treat the case
just medical man treats medical case--accord
sense. You are feeling deep responsibility.
How far mutually interdependcnt
How far society limit the individual! This
poor man can be taken care of,and am glad he has
money an incentive to sympathy. Do you gety your
greatest kindnesses from your relatives and friends
or from strangers? Where have you the right TO
step in and take care of man and his bonds? That's
the question. You are your brothers keeper How
much better does the average man do than he!
don't limit my patients until they break their Legs
then take OF them. SO far as RESPONSE
bilty goes you have nothing to do or say about it,
You can only say. HAS he mental capacity to take
care OF himself and his property? And that you
CHARGE OF PRESIDENT WARD.
Counsellor Ward then laid down the law OF the
case and outlined the duties and scope OF the pro-
vision showing that Wells was not an idiot or luna
tic and directing the urys attention to the question
Of his unsoundness. OF mind and ability to manage
the complainant. and charge you that if Mr. Wells
intellect has become so impaired that he is unable
to attend to his business and cannot understand his
relations to other people. he is of unsound mind;
petent then he is of sound mind. As to
agree to the you can attach it to the find
ing No second cousin is heir to his property; only
the first cousins II you lind him insane you Will
say when that condition began. With the
quences you have nothing to do; the Court will
make such disposition as seems best You are the
Of hof and Of tceti
mony mans mind may be weakened by aee and
infrniity. his faculties somewhat impaired, his
of his own property and the management of his own
affairs. 1t Is only when such Impairment has pro-
ceeded SO as to produce unsoundness OF mind that
tie custody Of his property can be transferred to
another.
THE VALUE EXPERT TESTIMONY.
As to the value OF expert testimony, experience
has shown that opposite opinions of persons profess
ing to be experts may be obtained to any amount
far as evidence has been given Of facts conversations
or observations, since these proceedings msti-
tuted, supposed to bear against the sountness of
mind OF Wells iou are ad - 70 cG
extent his alleged weakness may have been affected
by these proceedings the manner OF their execution
or the excitemcnts of the trial and the court.
In the examination of respondent Wells on the
stand it is proper for you to consideryou should
do so--whether there was anything in the mode of
examination, questions being put too quickly
for him to grasp, or in the rapid transition or sub
which, under the evidence to his condition OF
mind. was calculated to induce hurried answers or
confuse him or make him answer differently from
what he would have done under FAIR circumstances
and opportunity II So he is entitled to the benefit
of such influence, and allowances should be made
therefor.
Tho jury then filed slowly out. and the court room
groups gathered here and there according to their
afinties An interesting discussion arose as to the
jury fees, which, according TO agreement were to be
paid at once There eighteen Jurors, and it was
T 10 sOw s n Of
each counsel was to pay. Mr.. Kent promptly pro-
Marsh offered to draw check the full amount.
The full bill of the Sheriff. as presented by Under
Sheriff Murphy. was $500.
proceeding cost Mr.. Wells 2
Mr.. Ward--About $4,000.
Observation-Disclosures he gains or loses
Mr.. Ward-Yes; good deal more than he has spent
in many years That's one of the hardshps.
Reporter--And the receivers fees also?
Mr.. Ward-Oh yes; in any event the receiver must
be paid
element by reporting rumor that the jury had
THE VERDICT AND IT'S RECEPTION.
The court room packed. Counsel and cousins.
reporters and merchants medical experts and re-
ceivers, all the buckles and all the Ruckles'
boarders sat packed together, ana ieVtrsh excite
arbiters of the old mans fate fled in. Mr. Ward
called the jury.
you agreed upon verdict
Foremxn--We have.
President Ward-How say you-do you find Mr..
Wells sound or unsound?
Forernan--we find him of sound mind aud entirely
able to manage his own affairs
With this the audience and applauded
with will the mouth of Miss Rucke. Jr., opened
and remained so: the cousins looked at Corey and
Corey stared at Cousin George while the tears
started In many eyes, and even the Under Sheriff
heaved sympathetic sigh.
MIR. Sibley--I desire TO have the jury poiod.
Mr.. ward-Not unless the opposing counsel con-
sent.
MIR. Marsh--We object.
Judge Morrs--He might as well ask to have grand
jury polled.
Mr.. SibIey---we except to the ruling.
IT HAPPENED.
Mr.. Sihey---ff this thing hadn't appeared in the
HrRAIp there would have been difficulty. 1t was
never Intended to such publicity about it, Why,
only q short time ago we had an old man properly
cared for and not q soul outside of his family knew
anything about it,
Shrewd Old Man--Jcs SO.
WHAT WILL DONE.
In reply to question MIR. Marsh said: "Mr.
Wells in rich enough 20 have competent attendant.
lie usf la tax On AWAY from the knckes and have