The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-11

low at last. Thus il was with James l.
Morrison. I ask you what was the condi-
ton of this man ten days before he died?
He slept the greater part or the day. lie
lay I'm a sleeping, in a dull unconsciousness.
that ne Gould not he disturbed. He was
carried TO the barber shops TO be shaved,
and the nurse left him TO be called FOR.
shops to have its hair clipped and leaves it
while she goes out shopping. His vile
died With tears 2 in his he, eyes & he held Id hsr r
by her bedside but could not send into her
eyes from his those MESSAGES ESQ of love and and
the eternal mystery OF death is very touch
ing. He could not help her die. This the
man who was capable OF taking an es,
tate of ss50oOO and rightly judging what
were the claims Of his descendants upon
him. No, no. you not bring in a YER
dict that would say this.
Continuing. he said: James l.. Norris
son owned one-fourth of the stock of the
First National Bank. and yet when the
banks all over the country were trembling
in the balance. and currency was needed.
we do not find that Mr.. Reeves the presi-
dent of the bank. talked over the condition
of affairs with MIR. Morrison. No. and yet
Morrison was OF sound mind. II he were
not senle dement,. why was he laid on the
made OF no account i'm business transactions
in which he was vitality interested? Look
AZ his diary. His simple taste his every
charge up the tobacco he used. The item
runs through his diary. Twenty davs be-
fore he died he failed to keep up the ac-
count. He could not keep track of his to-
bacco. and yet they say he was able TO dis
pose of an estate of over half million dol
lars.
TO SHOW UNSOUND MIND.
81 mention these things just TO show that
all along the line toward the end OF this
mans life there was unmistakable evidence
OF unsound mind. j want you to note these
things, because they point out the road
that James l.. Morrison passed. The path
way of decay on the way to the grave.
Now, then. as to the will. He must be able
to understand duty. because the Law says
that testamentary power is one Of the
anchors of old age. If our children will
not obey us. if they will not treat us right.
can punish them in our testament. IL
this is true. the converse is also true. He
just punched his five grandchildren togeth-
er and pushed Fayetta Morrison in among
them. Another thing. when he gives the
residue of his estate 10 Mrs. Hibberd. he
makes her children the natural heirs to
He thought he was treating his grandchil-
dren equally. Look at his other wills: In
all Of them he gives each OF his grandchil-
dren the same sum. That is what he in
tended to do. Even this last will bears out
that thought. But how did he carry il out?
The Hibberd children stand to inherit $500
600: Our children stand to inherit nothing.
Then again if he had certain notes OF
Elgar Hibberd and had told Mr.. Hbberd
that he was going to surrender them 20 him.
he should have had sufficient active nem-
ory to have carried his purpose into effect
and not have made will by whicn these
notes were liable. TO be charged against
him and collected.
at the end of which time Mr.. Harrison
began again follows: Now. want TO
talk about that Morrison library business
He died without getting that straight ~
his mind. thing that any sound minded
man would grasp in minute. This vas
in May, and they tell YOU that three months
aff hof tip,n t,a hoe ttN .Nan I'm afn
struct Will. man who could not under
stand that when he agreed TO do certain
pet in N mite Of he ats - learned I'd counsel
for the defense talk of temporary ispses
Of PHYSICAL debility and intoxicetion. Had
Mr.. Morrsson's heart and his head been
normal he would have gone to the fresh
sod Of his wife $ grave, ami lie would have
watered it with tears and tended ii with
horse race He t7ougnr more OF his mare
Goodbye than of his wife toward the last.
We find him III tho day that his wife
iapses into Inconsistencies express anxiety.
not for the condition of his wife. but anx-
ious that Goodbye should get her regular
exercise. Was he of St.in1 mind say YOU.
UNDUE INFLUENCES.
Undue influence is the substitution of
the mind of another for the mind OF the
testator One thing that makes ME think
my friend. the enemy, not SO strong in
the open field is that they are always I'D
ing behind somebody. They make a great
outcry about this matter Of undue in
fluence. and they try TO hide behind the
honored name of Judge kibbey. We have
not made any assault Upon Judge Fib-
hey. upon his motives or his integrity. but
/ do intend to show that he made some very
serious mistakes. When Judge IIittey
comes to make the will he did not have
note of $10,5O0 the home of Roberts
family. | want 1t cancelled VI lie had in
he should have been able TO know and keep
that in mind. when he was making a
schedule of his property. He must have
memory to recall all these things, TO form
a rational conclusion. in view OF the rela-
% to hem and to- give H h the person
making his will the necessary directions
to carry % 9nT h his Prrpose m Men svca n
directions TO the SERVER or attorney, and the
attorney has written them out and brought
the will to him and read it over to him.
or he has read ii himself, does not know
whether it carries out his purpose or not.
This matter of undue influence. they
scandalous; and that is one of the tricks
of the attorney to try and make appear
that a thing is very discreditable and aw
full SO as to irshtena aSOu you away from % md
that arguments. persuasion and entreaty
are entirely lawful; the books say so. They
father and asked for this residuum. as she
asked for the diamond pin, and IL would
have been perfectly proper. Ii is only when
this persuasion operates upon
mind too weak to deal with
il, too weak to treat it as an
argument, and weigh it, and see what there
is in it, and gives it the weight il ought
TO have that ii becomes undue influence.
So YOU can see that a man or a woman
might be almost innocent In urging these
persuasons which the law says they may,
and yet go little too far in not measur-
ing the resisting force OF the mind to which
they are appealing.
''It has another aspect. IT may be the re-
suit of chicanery and art: il may be the
result of threats and coercion. When II
assumes that FORM IL Is justly character
lied by these gentlemen criminal. Tn
due influence may be proved without the
proof of a word spoken. You don't have
TO put your finger on the man, or the hour
or the thing said, in order TO establish un-
due influence"
General Harrison said that when ra-
tional man disinherits child he will give
n reason for il. He argued that II Is pun
ishment to discard child. 10 cuJ him off
from his equal portion. 1T is slight
and an indignity,'' he said. IAN evidence of
less affection and regard. Gentlemen every
of sound mind who has the capacity to
understand his relation TO things. He takes
into his heart this idea, i Will not leave
will that will crush the just expectations
| have raised in the mind of my descend
ants. ] will not leave a will that will be a
wedge to spread hearts. He wants 10 give
"A reason If there is any inequality. man
in his sound mind would summon these
people in the i have supposed, the
son and daughter: he would bring them
into his presence and he would saw. My
dear children. / have thought thus and So