Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-15
COUNSEL ASK L. DISAPPOINTMENT
MIR. Worthington Says Mr.. Dom
is Not Treated Right.
THE INQUIRY GOES OVER

by Mrs. Ella 8. Todd and Mrs. Lula A.
Burton, daughters of Mr.. Dom, asking an
examination into his mental condition, and
the appointment of some person as a COM
mittee of the person and trustee of the es-
tate of Mr.. Dom. Mrs. Mary c. Mc.zger
and Mrs. Cora L. Dinwiddie. two other
daughters, opposed the petition on the
ground that their father is sane and COM
petent. The estate is valued at $aO.OOo.
The hearing was begun Saturday, the
petitioners placing on the stand number
of witnesses. who testified as to queer
actions on the part Of Mr.. Dom. After
strenuous opposition on the part Of Alter
ney Browning, representing Mrs. Metzger
and Mrs. Dinwiddie, Mr.. Dom. late IN the
afternoon, was brought into the court
room and examined. His answers to Ques-
lucid for among other things Mr.. Dom
said that Benjamin Harrison Is PRESIDENT
of the United States. and declared tnat
the members Of the jury were his enemies.
He also stated that he was Sixty-hVe years
of age, and a moment later gave eighty
five as the correct figure.
At the conclusion Of the examination OF
Mr.. Dom an adjournment OF the INQUIRY
until this morning was taken. 1t being In
timated that 1t was more than propapie
that an amicable settlement OF the con-
troversy would be reached and the matter
taken out Of court
When the case was reached this morning
all the parties were present with the ex-
ception of Mr.. Dom. Mr.. Browning. ad-
dressing the jury, stated that the proceed
ing is intended to deprive Mr.. Dom OF MS
liberty and his property, and because of the
gravity and Importance of the case he had
associated with himself older counsel, who
later proved to be Mr.. r. Ross Perry. Mr..
Browning went on to say that he believed
he would be able to show the jury that the
inquiry ought never to have been instituted.
Then Mr. Browning asked that the hear
ing go over until tomorrow, for he claimed,
he had not had an opportunity to speak TO
his witnesses. Mr.. Browning added that
he was speaking for Mr.. Dom, and urged
the postponement in order that the case
could be conducted properly.
II would like to know what right you
have to speak for Mr.. Donn?" interjected
Mr.. Worthington.
Fresh Counsel.
Mr. Perry followed his colleague, and af-
ter saying that he had been in the case but
ten minutes. stated that the question at is
sue is whether man. at the close OF
long life, is to be deprived of the fruits
thereof. after a hasty hearing. In asking
for a postponement until tomorrow, Mr..
Perry remarked that a man cannot be
compelled to vacate house without thirty
days notice, or be sued unless he Is given
proper notification.
Mr.. Worthington arose at this point and
characterized as remarkable exhibition
Perry that they spoke for Mr.. Dom.
Mr.. Worthington claimed that he possess
ed as much right to represent Mr.. Dom as
did opposing counsel.
"Those gentlemen are employed by two
Of the daughters of Mr.. Donn.' said Mr
Worthington, land I speak for the other
two Their fathers sanity Is to be de-
termined by this jury. and he cannot EN-
power anyone to represent him until the
matter is settled"
Because of engagements In other courts,
Mr.. Worthington announced that 1t would
be impossible for him TO go On With tns
case tomorrow.
Tins is a case where urgency Is re
quired" continued Mr.. Worthington Il
am compelled to say now what did not
care to, and that is, Mr.. Dom is not being
properly cared for, a colored woman haV-
ing him in charge. His daughter. Mrs: Din
widdie we understand, has secured SlO.OO
from Mr.. Dom. and given no security Tor
the same, which should be explained"
Mr. Perry again arose and declared tnat
Mr.. Worthington assumed as fact the
question that Is to be decided by the jury.
Mr. Dom Is sane. continued Mr. Ferry, IN
til the evidence of witnesses convinces the
Jury that he is insane, and therefore he has
a right to employ counsel to struggle for
him.
interrupted Mr.. Perry to say that the mat
ter before the jury was question Of post
ponement, and he requested the attorney
not to then argue the question of sanity.
TO allow themselves to be influenced by the
statements concerning the liberty of Mr..
Dom, for, he said, the intention Is not to
oonfine Mr.. Dom In an asylum, but to have
him cared for by some person appointed by
the court, and that person, Mr.. Worthing
ton added, might be Mrs. Metzger.
To Go On.
The Jury retired, and after few mo-
ments devoted to elaboration announced
that they had decided to proceed with the
case until, in their judgment, recess or
adjournment should be taken.
Mr. Perry then asked for short recess
in order that his witnesses might be con-
suited, and fifteen minutes were agreed up
on for that purpose.
Witnesses Called.
The first witness for the opponents of
the petition was Mrs. Mary Suter, the wife
of a nephew of Mr.. Dom. Among other
things Mrs. Suter testified that she held a
conversation with Mr.. Dom yesterday,
during which he stated to her that the
present proceeding was scandalous, and he
asked If there was not some way to stop It
he would give $1,000 to end the "scandalous
proceeding"
Mrs. Suffer was emphatic in her declara-
ton that Mr.. Dom is sane and competent,
and before leaving the stand remarked that
he told her yesterday that he does not
want any one to interfere with mis- bust
ness. In the opinion of Mrs. Suter. Mr..
Dom is most excellently cared for by his
daughter, Mrs. Metzger.
Mr. Walter R. Wilcox, a real estate deal
er, testified that he has had considerable
b, siness transactions with Mr.. Dom, and
Ger siders the latter fully competent to at
tend to his affairs. The witness detailed a
number of the transactions referred to, III
GLIDING one Friday last concerning loaa
of 5000.
Mr. oliver T. Thompson, who has been a
close business friend of Mr.. Dom for years.
cited instances Of his actions and conduct
ter ding to show that he is mentally COM
petent to properly attend to his affairs.
"If you were worth 100000. would you
trust Mr.. Dom with the management of
it?" asked juryman Of the witness.
'If was worth that sum I wouldn't trust
any one with the management Of it," re-
FILED Mr.. Thompson.
Mr.. Thompson stated that he is of the
opinion that though physically incapaci-
tated, Mr.. Dom is competent mentally.
The next witness was John M. Birckhead
He has been accustomed to see and con-
verse with Mr.. Dom for some time past
Mr.. Birckhead said that he has never seen
Mr.. Dom otherwise than rational. and GER
tainly considered him competent to look
1t. fP.;,g