Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-05-22
The EVIDENCE CONCLUDED
la the Contested Miraben viii
Case.
The Attorneys Begin Their Arguments to
the Jury. COndensations of
the Several Speeches.


was concluded yesterday. Daniel Ingram,
Michael Edwards, Gus Mathews and Harry
Holiday were called, their testimony be-
ing intended to show that Mr.. Miraben was
perfectly able to transact business In q
shrewd and intelligent manner up TO the
time of his death. An incident in the
hearing OF these witnesses was the expires
sion of the novel opinion by one OF them
that "a man isn't drunk until he gets go be
can't walk"
Mr.. Washington Dunbar, Mrs. Dunbar,
Mrs Dulty and John Dulty were called,
but were objected to by plaintiffs as being
interested parties, and the objection was
sustained. After a lengthy consultation BY
plaintiffs and their attorneys, no further
evidence was offered and at ii Q. m. Mr..
Hubbard addressed the jury.
He began by saying, The love OF money
is the root of all evil" but he said this viii
such cool deliberation, that the old saying
struck the minds of his auditors withIpecu.
liar force in connection with this case he
would not discuss the facts in the case, say.
ing they needed no discussion, but would
merely remind the jury that the love Of her
parents was not strong enough to bring the
plaintiff from distant State when those
parents died; but when it is found the
brother had an estate she could make the
journey repeatedly for the purpose OF break
ing his will
Mr. Hubbard then read from the Supreme
Court reports to the effect that it is not
necessary for person to possess toe high
est quality of mind in order to make will
nor even that he be so strong mentally as
he had formerly been. 1t required less
mental capacity to make a will than 1t does
deed. This, he said, goes far beyond the
case we are trying here. Undue influence
he defined as such as overcomes the tree
agency of the teststor at the time the will
is made. Fraud and undue influence are
not 10 be presumed, they must be proven:
As to expert testimony Mr.. Hubbard
said, in part; I'VE prove thing is so
For the purpose Of showing it ia not So
they put on the stand certain so-called ex
perts. Two of those men are OF pretty
fair common sense; but the expert par er
cellence, the double.distilled expert, the
expert of experts puts himself in hole,
He tells you all about it. He tells you
what he knows and what everybody else
knows, that if facts differ from scientific
theory, so much the worse tor the facts
Lord Campbell says that skilled witnesses
come With such bias that their testimony 10
entitled to hardly any weight. and another
distinguished authority saYs, of the wit
nesses that are not to be believed, there
are three GLASSES liars, internal liars and
experts
Mr.. Hubbard closed after talking forty
five minutes, when Court sd iourned fol
dinner.
At Up. m, Geo. B. Caldwell, ESQ, com.
ueucsd the argument for the plaintiffs in
two hours speech OF much power. lie
reviewed the testimony in very exhaus
tive and thorough manner and elucidat
ing many knotty legal points. He said
this was Q case where, the nearest blood
relations being absent, others flocked
around the testator who, to free himself
from annoyance, allows himself to be in,
auenced in their favor. Abiding to Mr..
Hubbard's course in not dwelling on the
facts in the case, reGerving his arguments
for closing speech, he said, Those may
be cunning tactics, but they are not credit.
able ones" Testamentsry incapacity, III.
due, improper and illegal influences are
shown BY the evidence in the case, and
the teststors condition should be judged
by his acts and the surrounding clrcum.
stances. The law is that the jury may
infer undue influence when the testator 10
insane, addicted to drink, nigh unto death
surrounded by benefciaries. and when his
nearest relatives GO away" And what
kind OF medicine were they poking into
this sane Oman? Chloroform, bismuth, nj
rate Of silver, choral, opium, sulphate
of copper, logwood, musk, brady,
ditgitahs and whisky! And, according to
their own testimony, witnesses for the other
side loved Adrian Miraben as they would
their own son; but they didn't invite him
TO their own house when be got sick, but
let him go to public hospital, where he
died in the arms of stranger"
II. M, Russell, ESQ then continued the
argument for plaintiffs, occupying about
one hour with one OF tia Gnest addresses
ever made in crowded court room. He
demonstrated how the mind and body are
mutually Experimentation the decay OF one
hastens the decay of the other; how Mira.
ben had made himself q physical wreck,
ss all admitted, and how his mental tacuI.
ties were weakened in q corresponding
manner. He analysed the testimony OF
certain witnesses in the most scathing man.
ner, showing how, as he intimated, their
self interest biased their evidence.
The case will be resumed this morning,
when Mr.. Hubbard will close the argu.
ment and the Gaze 20 to the Jury.