Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-19
Counsel in Donn Inquiry Nearly
Come to Blows.
Mr.. WORTHINGgON And Mr.. PERRY
The Lie Passed and the Court in
Great Confusion.
S EV E RE ARG U MEN 7 S

of Columbia was enacted this morning be-
fore large assemblage in the room of
Circuit Court No 2. at the city hall. when
Mr.. r. Ross Perry, with flushed brow,
locked into the face of Mr.. A S. Worth
ington and angrily declared that If the
latter was man physically he Perry
would then and there strike him.
The incident the climax of series
of personalities indulged in between coun-
sci and between certain counsel and certain
members of the jury during the proceed
ihgs to determine the sanity of Oliver p.
Dom, which have been conducted daily
since Saturday last. The management of
MIR. Donns property, valued at more than
S2D.000, rests upon the decision of the jury
as TO Mr.. Donn's competency to look after
his affairs. and that. together with the
prominence of the parties concerned, has
caused unusually great interest in and
very careful conduct of. the case.
The hna! witness was examined yester-
day and then Mr.. Worthingtcn made the
opening address to the jury for the petit
tioners. He was followed by Mr.. Frank T.
Browning in behalf of the two daughters
of MIR. Dom, who claim that their father
Is sane and competent. During his re-
marks MIR. Browning shook his fist in the
face of Mrs. Todd, enc of the petitioners,
and characterized FER as "a woman with
honeyed toned, but with the spirit and
sting of an asp
Later in his argument Mr.. Browning re-
ferred at length to the testimony of
Deputy Marshal w. b. Robson. The lat
ter stated on the stand that last Saturday
Mr.. Dom was found locked in a room at
his residence with spittle running over his
beard and clothes in such a condition that
he could nos answer questions. Judging
from such state of affairs Mr.. Robson
gave 1t as his opiriCn that Mr.. Dom Is
not competent to attend to his business
affairs
AIR. Browning was arguing at length to
show that Mr.. Robson had no ground for
reaching such a conclusion in what he OBJ
served at Mr. Donn's residence. when Juror
John Mitchell, sr., who. by the way, is
Deputy Marshal Robison's father-in-law.
Interrupted to say that he considered Mr.
Robson fully justified in reaching the con-
clusion stated. and added that he CMitchelD
was also of the opinion that Mr. Dom is
ROT competent to properly manage his
estate.
Thereupon Mr.. Browning grew visibly
excited and Mr.. Perry. who is associated
with Mr.. Browning in the case. jumped to
lis feet and entered an exception to Mr..
Mitchell sitting longer on the jury during
the in9niry. as he had expressed an opinion
regarding the question at issue.
Mr.. Mitchell replied to the remark by
stating that, as he understood the situa-
tion, juryman could ask any question or
utter any words he desired.
The matter was smoothed over, and
Few minutes later an adjournment was
taken until today.
Crowded Court.
The court room was crowded when the
proceedings We're resumed this morning
When the jury had been seated and coun-
sci were in their places Mr.. Perry arose
and moved that the jury be discharged
on the ground of the incompetency of one
of its members, Mr.. Mitchell
Mr.. Worthngton vigorously opposed the
motion, declaring that in lunacy inqui-
rendo the jury are judges and enjoy the
privileges of judges, so far as propounding
questions and making suggestions are con-
cerned. AT this point things began to wax
warm.
Strong Words.
Mr.. Perry was on his feet in an instant
"Mr. Worthington is stating to the jury
what he knows is not the law he de-
clared. He is misleading the jury and
misrepresenting the law
1t did not require more than few sec
onds for Mr.. Worthngton to assume an
upright attitude. IF Mr. Perry says that
have stated to the jury what 1 know to
be not the law" began Mr.. Worthington,
'he says what is false
Mr.. Perry had remained standing, so that
IL was not necessary for him to pause in
order to arise. He replied angrily
MIR. Worthington's physical condition is
such that he may call any one liar. He
has falsely represented the law to the
jury, he is unscrupulous in his conduct be
fore the jury. he is liar, and if it was
not for his physical condition 1 would slap
him in the face
The excitement was intense at this stage
Of the proceedings and Mr.. Browning
probably fearing the pugnacious attorneys
would do one another injury, stepned be-
tween them.
Mr.. Worthington replied, "Mr. Perry
needn't mind my physical condition, for 1
can assure him that If he slaps me l will
he the last man he will ever slap
Argument Resumed.
There the controversy, for the time be-
Ing at least. ended, and the jury retired to
consult They decided, Notwithstanding
Mr.. Perry's objections, to continue the case
and so reported Mr.. Perry noted an ex-
cepton and Mr.. browning then resumed
his argument which was begun yesterday
He had not proceeded at any length how
ever. before matters again became decided
" interesting. During the course of the
inquiry, Foreman Dorsey Clasett of the
jury has. at times. taken an active part in
the proceedings, asking questions and max
ing suggestions and criticisms.
Reaching a certain point in his argument
this morning. Mr.. Browning remarked:
Gentlemen of the jury. 1 will now read
from the opinion of judge who knows
even more about the matter than Mr..
Clagett.
Mr. Clagctt did not remain silent On the
contrary he directed Mr. Browning TO
cCnfine himself to his argument and not
take occasion to insult members of the
jury.
Mr. Pcrry's Address.
plement 10 Mr.. BrowniEg's address. Mr..
Perry rema 'ked that he would speak un-
der protest and address himself 10 bat
twelve of the thirteen jurymen. and then
tegan an eloquent and aggressive speech.
He read from the law on lunaCy inqulrendo
and repeated that when counsel on the
other side stated this morning such to be
not the law he said what was false.
THE side of this case representing Mr..
Donn. continued Mr.. Perry. has been
treated with indecent unfairacss by coun-
sci the ether side. This proceeding is
disgrace to counsel on the other side and to
these women. if they may be called women,
he represents.
I'm view OF what You have done in con-
necton with this inquiry said Mr.. Perry,
advancing toward Mrs Todd and Mrs.
Burton, Il say that you pointing to Mrs.
Barton, and you. pointing to Mrs.
Todd. could give poison and then calmly
write DOWN the symptoms ii caused"
At 3 o'clock the inquiry adjourned until
tomorrow morning.