New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-28
WEsTCHESTER COUNTY.
JAMES SroKEss>4ESTAL CONDITION.
TESTIMONY OF The HUSBAND OF THE CONTESTANT
Two EXPERTS HEARD.

TWO EXPERTS HEARD
Another hearing was had yesterday in the
s1oses Ts rs witness was Henry = Dale the
band OF the contestant who daughter OF the tesator
Under the will Dale 10 receive an equal share
In fee Of her fathers estate By the codici her share
changed into Iis ine5ss. ,.ssn s ~ s6s
OF her brothers. who bad come 10 dislike Mt Dale OF
their fathers impaired mental condition 20 man ian MI
enjoying any part OF his estate ar DSe tesuped
FAMILY in ls6s He first met lT. stokes about 1870;
He met stokes from time 70 time az his house and
talked with him Cd ordinary subjects. He married Mr..
STOKES daughter Dora in 1874 After the marriage. Mr.
Stokes loaned him $4,000. lie repaid the loan 70
stokes 10 lend him the $4,000 on the contrary Mr..
stokes urged him 70 accept the loan MI stokes oiIen
visited the gness az the latters house down 10 The tine
~ M stokess ilIness Hhen Mrs stokes fell ILL., there
va. a slight change In Mr.. stokess habits u regard 10
Mr. Dale and Mr. and Ms. stokes had always been
pleasant and cordial A, Christmas time M stos :
be money wa. always put In enVe,9pe, one Q, me-
envelopes contained 800 ohL NJ Daie ssla maj
until after his death. He had been told something about
tie provisions Of Mrs stokes's Will o. her sons William
James There had been some business transactions
between the witness and James stokes. IT. on mum
her OF occasions ths witness had had conversations
with his wiie's brothers Of very disagreeaole kind
The fret conversation Of this kind took place with
- Miss stokes After this conversation the witnesses
relations with Thomas were not cordial lie noticed
III He could made 20 take part IN Conversation
Before Mrs Stokes illness Mr. stokes was very fond
knew Il "a boy After this time he would not talk on
any subject, he was restless and irritable. He wore
had previously been very particular about such matters
OF etiquette He became feeble physically His walk
Was unsteady his limbs trembled his ey dull and
eTpressioness HIS memory became Impaired. aud lie
failed TO recognize persons whom be hsd Snosn ior
lssO at Witness house IN Orange. one night the
witness summoned 70 Nj stokes's room MI stokes
seened 20 be very III He did reply 10 the questions
put TO him His head was moving In strange way
Mrs Stokes in the noon at the time. Mt stokes
remained In this condition some little Time M Dale
DIR. A. +. Macdonald the superintendent OF the New.
York City Asylum for the Insane on Wards Island SAID
that he had made mental diseases his speciality; DE
had always done since be admitted opractice as
physician He considered that be was well qualified
"a, indRe OF the mental condition OF those whom he
inght examine Mr. Bangs then put long Hypothetical
question which em odied some or most OF the essential
facts In regard 10 Mt stokes hAbits and NE when we're
supposed have been brought out the trial Mr. Eyarts
objected 10 the question the ground that IL did not
state the facts IN evidence correctly from affirmative
point OF thatt aso failed state many material
fact. evidence The Surrogate oyerruled the objection
The witness said he should consider person who was IN
the condition described In the Hypothetical question aso
unsound mind The person described was suffering rom
senlle dementia on cross Examination DIR. Macdonald
said that dementia meant loss OF mind as stin-
guishtd from feebeness OF mind No account had been
taken by the witness IN giving MS answer 70 the nypo
tnetica question OF the alleged use by Mr. Stokes OF sr
uous liquors The question did not show that Mr. Stokes
took more than two drinks day.
Mr. Eyarts-IOu have seen men OF sound mind who
took as much two drinks in one day
DR. Macdonald said that he regarded the mind and
soul distinct things The mind wa. the result or
manifestation OF physicI action The soul was the an
imatng principle or immortal part OF man. The witness
having said that dementia involved loss OF Will Mr.
Eyarts asked him whether he considered that the viii
was part the mind the soul The witness said he
thought II pant Of the mind a.
The next witness DIR. +. B. steTne, of Hartford.
Conn He said that he had been practising physician
for twenty-six years and had been for eleven years
the superintendent OF private asylum Tor the insane
lie was also lecturer at Yale College. He
considered that me person m te9
will be continued to-day.