The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-11-23
THE coRURN WILL.
Attempt to Break 1t on the Ground of
insanity;
Mr.. Blaine, Judge Danfortn, Presi-
dent SewaIl and Or. Hill
Testify to the Soundness of Govern
or Coburn's Mind.

or Coburn's Mind.
AUGUSTA Nov. 21.-The preliminary con-
test over the attempt to break the will OF the late
Gov Coburn on the ground OF insanity, was begun
in TINS city today by the taking of dispositions on
the part OF the executors, who were represented
by d. ID. Stewart of St. Albans AS is well known
Gov. Coburn lett an estate valued at some S2,2oo-
600 The property he left and devised lncludeo
that of his dead brother Phander. The contes-
tants to the will are Alonzo G, Marston, formerly
of Oakland, in this county, one OF his nephews,
and niece. The counsel for the executors tooK
the dispositions of DR.. H. H. Hill OF Augusta, Al
thur Sewall of Bath Judge Danforth OF Gardner
and James G. Blaine of Augusta
DIR. H. H. HILLS DEPOSITION.
DR.. Hill deposed substantially as follows; l
have been practising physician in Augusta near
ly so years. Have not made study OF the MIND
and its diseases a speciality, but only in common
with the general practice of medicine. Knew Alb
ner Coburn from 35 toztO years. My acqualnt-
anee with him was infinite. attended him pro-
fessionally 13 or IA years ago when he had pre-
tracted illness at Skowhegan. The last time at
tended him professionally was on the 18th Of De
cembef 1854. On the third of that month l was
called in the night to attend him at the Augusta
House. At all times during my profesSslona@l @ at.
discovered anything that indicated loss OF memo
ry Never saw him at any time but what in my
Judgment, he was competent to transact business. S.
Neutrality-suspicious. having been asked by
MIR. Stewart, DR.. Hill further deposed: The ma
ture of the sickness Is or IA years ago was di-
sease of the bladder. Attended him for this di-
sease nearly every year after he was taken with
it, There never was any indication of disease of
the kidneys. The sickness for which | attended
him In December, 1884 was a severe attack of the
same disease. When called to Skowhegan on the
10th Of December, and which was the last time
saw him. it was for general prostra4on OF the syS-
tenn Old age was as much concerned in it as the
disease had no business with him personally
outside of my profession. Acute and long suffer-
ing from any disease may impair one mectally for
the time being.
PRESIDENT sEwALL's TESTIMONY.
Arthur Sewall, president of the Maine Central
railroad deposed: Knew Gov. Coburn, from 20
to 25 years. Had either business or social rela-
tions with him during the last few years, every
month or two. Had some knowledge of his busi-
ness affairs The last time | saw him think was
at directors meeting Of the Maine Central Did
not observe any changes in his habits or manage
ment Of, business, excepting such as was observed
by physical weakness. Observed no change in
his memory. Did not observe anything peculiar
ahout him up TO the time OF his death Counter
interrogatorles elicted the following: Am not
able to state how frequently Gov. Coburn was alb
sent from directors meetings for the 10 years pri-
or to his death. Am unuable to state what busi-
ness transactions had with him. They princi-
pally related to stocks and securities. The only
transactions Ihave in mind now relate to Maine
Eastern railroad stock. The Maine Central
bonds were sold at various dates In large amounts
from $50 to the time of his DEATH Am unable
to give the amounts. Think there were $4,000
worth of Topeka SsWestern bonds, which bought
at his request There were 1000 shares of East
ern which were sold in 1888. The Topeka &
Western was sold in 1884. There were different
classes of bonds, and L am unable to state the
price. The last kind sold was Maine Central
cfr,I Iyirrrf f11Rd
subscribed for before his death, but am not sure
whether the same was made to him or to his exec
utors; $4,000 was the amount. Ihlnk ne pala ~
the amount, and am not sure what year he bought
it, He pad $40 share for Eastern stock, and
bought, think, in the early part OF 1858.
WHAT JUDGE DANFoRTH SAYS.
Judge Danforth deposed; Was acquainted with
Abner Coburn for upwards of so years Saw him
twice in August, 1884, in Skhowhegan. Called
the first day at his home in pursuance Of note
received from him He wished to consult me in
regard to his will. We arranged an interview
at the bank for next day. The viii was then pro
duced by Judge Dascomb. Gov Coburn said he
wanted my opinion as to the wording of the VIII
At his request the will was read by Judge Das-
comb.
Gov Coburn asked if / had any suggestions to
make in the language used in the form OF the will
Told him no. not so far as it went, that II under
stood his purpose, thought it would be better &c
make an addition; that if he intended, as l sup
posed that the executors should pay legacieS
from real estate, it would be better to give then
authority to operate the real estate, as 1t was
mostly wild land. He said such was his Intention
and he proposed to put it into the codicil, which
he thought would be sufficient. He said he pro
posed to reduce some Of the legacies. He ex
pressed doubt whether he would drop two who
were named in the will as executors and add two
or whether he would add two without dropping
any. No reply was made to that with the except
ion that, of course, he could do as he pleased Tie
mentioned Mr. Weston's name for on one
with the numbering business, and was
clear headed business man. He asked me L
would be one of the executors, objected, ant
gave him some reasons telling him that ! was
not acquainted with the numbering business, ant
that, as / did not sign bonds, could not ask any
one to sign for me- lie SAD 9e Teg Mseu S st s s san IL
be accomplished without naming me as an execu-
tor. He said he preferred to name me as an ex
ecutor because if my opinion came with authority
it would have more influence over the others. Die
not waive my objections and the matter dropped
there. He then asked Judge DaScomb TO make
eodicil. The next morning met nm at the same
place. and the codicilw was read, with the exception
of the provision relating to the executors; at an,
rate did not hear thatread He suggested no al
terationS, nor did L. Was not present at the eX
eeution Of the codicil. The legaces were largely
in lumber lands. Understood him to mean wheI
he spoke Of the legacies, that in his mind II wa
doubtful whether he would have enough to pa,
them He mentioned the C0burn Classical Insti
tute, and said that had been paid Did not oh
serve any change IN MS Ms memory. He was ,td, NOR
". Counter interrogatories elicted tn
following: He said nothing about Philander'
mention any particular investment in which III
| had sustained a loss since the making of tn
| original will. Inferred from what he said tina
| there was shrinkage in some OF his property
| Have no direct knowledge of his losing $5OO,00(
| in a bad investment. Am at loss to answer tn
question whether have be. been o consulted by IN n
| the executors and heard statement with regar
| to an investment which it was feared would resul
| in the loss of something near half million Q
dollars. Was there at the request OF one MI
| Patterson who was specially interested in thl
matter. 1t was an investment in rallroad-thin
made by Mr. Patterson. There was no statemen
| made by the executors, so lar as L Know. MI
| Patterson made a statement preparatory to
| proposition which he made for settlement. II
| made two or three different propositions. II
| claimed to be the contractor or builder of tn
| road which was unfinished. The proposition wa
| left without any acceptance or rejection.
| EVIDENCE OF MIR. BLAINE.
Mr.. Blaine deposed: Was acquainted with Coy
| Coburn from the month Of December, 1854 unit
the end of his life. Our acquaintance was fo
many years7 very intimate, and always yer
friendly. Last saw him at his own house NoN
Is, 1888 The interview lasted about thre
hours. 1t was simply social and friendly WISH
| Was getting ready to go to Washington Tor Tn
| winter, and wished to see him before going.
| had no other intent whatever. In the topics dis
| cussed at that time he was entirely natural, too
| a full and fresh interest Ill tne conversation, an
would not let me go until the last minute coul
| start for the train. Did not observe any chang
in his memory in the slightest degree, nor an
| change in his ihabit or manner of speaking. Ou
| talk was mostly on social matters and persona
| "reminiscences He talked at some length, re
| member, about the Maine Central Railroad am
| was pine lands in the Northwest. There wa
| nothing peculiar in him at that time, not IN til
| least. He was of course a sick man. Did nc
observe ats any time any business or mental il
| capacity. Mr.. Blaine was not questioned by tn
| contestants of the will.