New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-03-06
MR.. EVARTS'S ARGUMENT.
TALKING FOR FIVE HOURS YESTERDAY.


rHE TESTIMONY OF MRS, DAIE-THE FIGURE CUT
BY DIR. DRAPER.
William NJ. Evarts yesterday concluded his
argument, in the contest the will OF the a'e James
stokes There was large attendance In the COURTROOM
Mr. Eyar,s spoke with only 1--WE minutes intermisson'
from II O'Clock until s. and then appeared unef'
hsusted. An attempt had peeu mA,e No
aid in resumins his address, 10 throw alscreu' upo
.ome of the witnesses for the proponents ihere
.hadow Of excuse for this. There were tnreo senei
heads under which the testimony Of MIS- Dae' 'ne con
tant might be placed congratulations regarding polite
ness courtesy and loss OF temper calling many umes
n day uuon Mrs Dale, without apparent mouVe; ne-
onent weeping and sorrow. Mr.. stokess wearing OF
hs hat IN the of ladies was confined to wearing
II in his own house in his daughters house, In the
presence of his daughters or the moth
,rinlaw - OF Mrs. Dale. BE had once
nat for fifteen minutes under these circumstances
with his hat Mrs Gerald Dale, on his departure
asked him IL he would not remain awhile. II this request
was made Mt Stokes could have given no impression OF
aiscourtesy IL Mrs Dale was in the possession OF ner
senses The charge OF repetitous calls had no founda
ion they were NO more than ordinary occurrences
generalization OF all the charges of this nature resulted
In nothing injurious TO the testator
"As sort OF cumi nation produced In evidence OF the
decay Of intelligence and the extravaganza of emotion"
said Mr. Evarts have this extraordinary statement
hat In the very weeks OF her mothers life, when
The death stroke was suspended but for day, for an
bour az 1t might be- the father in his calls made to the
daughter In her own sick room presented as she sa'
the aspect of whose eyes were streaming WIN
ears who had nothing to say but this, Ma Is dying
Why why should have such impressions, such criti-
dsns from stranger as to the excess OF grlel
which husband at age Of sevenyeght feels Tor the
impending death Of wife OF nearly fifty years OF COM
panionshipi Why In literary friendship and be-
tween men Of the world IL is not thought extraordinary
that emotion should be exhibited When the great Boiling
Iootl al IF
have enjoyed friendship of that man for thirty years
and feel the love he had for me more and
then his head sank and be burst INTO Ies s so d
his face in his hands and simply so6Oed ana shed LEAFS
wSs empy and his head Vacant There are situations
which there be criticism In regard 10 any FORM IN
wsSs s s eir np anE the point Of Of
sentiment your Houor will fnd this contest reduced 10
And now come to the testimony of Dr. Draper. |
would say and every appellate ndgg VIII ages %a
family should appear in Probate Court unless ne
Is abe to supply s eom orr M upon the very
truth OF the The tendency of the courts Is 10 ex
served The tenor of decisions treats the testimony Of ply
sciaus based on opinions and not on facts as having no
HSHors that the differences between mental and physical
traits should be observed Dr. Draper answered IN regard
sene dementa, and insisted that II was physical dis
ease and mot mental nness thes no be
followed by the statement that physical disease ad pro-
c1tects
on the subject mental capacity The evidence tailed 10
show any failure OF mind any ncoherence as seen y
DR. Draper from the first hours TO the last visit As lOf
the repetitions advanced indicating forgetfulness
nothing of that kind occurred IN all Dr. Diapers VlSlts
The doctors evidence regarding poverty or IDEAS was
based his conversation with Mr. stokes as his patent
Poverty of ideasl Poverty OF deasl How many dld the
doctor haye He asked few questions and MADE his pre-
doctor saws he talked with Mr. Stokes about ous
ness lie simply attended TO his duties as physician
As result of the doctors visit he gave Mr. Stokes not
counsel Of but counsel that he should exer
else care 1t was of mental treatment OF one
competent mind TO another -, -,
Is for careessness of dress, Dr. Draper, with his eT
uusite attire exactng Judge upon THIS ola man
OF seventy-eght On Dr. Diapers testimony alone what
this particular at this particular time, under inc
ewes Of this particular competent TO know
what he proposed to do One doctor has declared
that his trouble paralyuo dementa what
was his prescription at the time 1t is hidden IN Latn
but the secret be unvalled. First we have dqdd
water; then spiritHS fTumeHu, corn whiskey; spear
mint which you put into sherry cob der or uep pepper
mini oil OF aniseseed and chloride Of potash And how
much OF this was be takenf One teaspOontu every
hour Think OF that for prescription Tor man soaked
with ardent spirits and on the verge OF den1ln tremens
Nowhere does the testimony show that MT stokes da
foolish or irrational thing. He showed no rregulaty
even OF emotion excess There was no evidence OF
collision between the sons Mr. Evarts said 20 influence
their father to diminish the share of Mrs Dale or TO pre-
serve the possessions in the family line. Any such
conspiracy imaginary and the result OF Mrs Daes
"eyll cyco