Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-24
THE WILMER INQUIRY
More Evidence as to His Condition Of
Mind.
MIR. Dowd, a Nephew, Testiflea ~ to
Business TrnRsactiOns-Other
Witnesses on the Stand.

The inquiry by marShafS jury ir to the
mental condition of Calvin Wilmer, a we'll
known local groceryman,was not concluded
yesterday. and was resumed today.
The hearing is based upon the petition of
Milton Wilmer, brother, who alleges that
his brother is mentally incapable Of man
aging his estate. The petitioner. who prays
that committee be appointed by the court
to care for the person and estate of the al
legged unfortunate man, Is represented by
Attorney Jere NJ. Wilson. while Attorney
E. 3. Hay appears on behalf of Mr.. Calvin
Wilmer.
After The Stars report of the hearing
closed yesterday P. L. w. Thornton was
called TO the witness stand by Mr.. Hay.
Able to Do Business.
Mr.. Thornton stating that recently he
has assisted Mr.. Wilmer in his business
matters He found him capable of direct
Ing such matters, and believes him 10 be
capable of doing that now. as we'll as of
carrying on business directly himself.
Mr.. J. T. Sothoron. member Of the Dis
trict bar. said he had known 1lr. Wilmer
for many years, having acted az his attor-
fey on several occasions While lie has al
ways been very nervous man, the witness
said he has never believed him to be men
tally incapable, although he has been some
what short in memory.
Mrs. Rose Wilmer. the alleged sufferers
daughteFSiE-law, to whom a piece Of his
property is said to have been lately con-
eyed. claimed thar Daniel Dowd, his
nephew. suggested that the properly in
question be conveyed to her. Mrs. Wilmer
also intimared that Mr.. Dowd had endeav-
ore5 to frame his uncles will. She said she
believes MIR. Wilmer fully capable Of man
aging his own affairs.
Mr.. J. D. Bell. at one time associated
with Mr.. Wilmer in the grocery business,
testified that Mr.. Wilmer is perfectly { BILE
to transact business, having never shown
anything to induce him to believe other
wise.
Nephew Testiles.
The first witness examined today was
>aniel w. Dowd of Hagerstown. Md,
.ephew of Mr.. Calvin Wilmer He was
allied by Mr.. Wilson. and after stating
hat his relations with his uncle have al
ways been CT the friendliest nature he read
several letters he had received from Mr.
Wilmer, commencing in 1890. These letters
we're very affectionate. but in letter said
% have been written TO him last April Mi.
Wilmer accused him of meddling with his
l1aifS and comb:Iing, in that way with
Hilton Wilmer. MIR. Dowd. however. said
e never received the letter. The rela atoms
.stween him and hts uncle were, indeed
/ L confidential kind, and he had advised
i'm as to how to make will. Mr.. Wilmer
EXPLAINING that while he desired to provide
or his daughter-in-law. his wife and Mr..
Sell, he did not want to part with his
-roperty during his lifetime. MIR. Dowd
hen tod him to dispose OF the property by
viii. and lot by deeds.
Mr.. Wilmer showed him about a wear
go a will in which he had written opposite
-e.tain items the word revoked, when the
witness advised him that the items he de-
sired revoked should be revoked by a cod:-
Il or by q rev will. At that time his
rPcle WAS nervous and agitated. and while
ne could OF say his uncle's mind was then
unt alaI cei. his memory seemed to be far
from clear. Last April mis- mind seemed
be in as lad, If not worse, state, he then
being unable to comprehend the extent of
his estate. ard also unable to intelligently
state the disposition he wished to make of
It, His uncle was then, he thought. meE-
tally incapable Of making a valid deed or
contract, and SO ne has heen. he believed,
ever since. He Their talked to witness as II
some one had been poisoning his mind
SSainst witness.
As indicating the condition of his uncles
mind last month. Mr.. Dcwd said that Mr.
Wilmer Insisted that he could and wo,ld
vote here for President.
am glad to say remarked Mr.. Wilson.
that We do not vote here. but fear the
jury will not agree with NE In that"
oh. no. judge" exclaimed several men,
bers of the jury. eve all agree with you
We want no voting here We are perfectly
satisfied
Mr.. Dowd explained that he had never
attempted to influence OF interfere with
his uncle in tie management or DISPOSE
ton Of his property. and he was therefore
surprised when 1T was intimated that he
had done So Having received an intima-
ton that mis- uncle's affairs were becoming
badly involved he came on here from
relation to his uncle's condition. Among
others he saw Mr.. b. L. Wheeler. The
latter told him that Mr. winners mind
was in bad way, and that he could not
I~yI-
mis- uncle incapable Of managing his affairs,
and said some one ought to be appointed
10 manage his uncles affairs He called on
mis- uncle's former partner, Mr.. Duvall. Mr..
Geo. j. johnson and Mr.. P. L. W. Thorn
ton. who expressed themselves in a similar
way.
To Mr.. Hay Mr. Dowd stated that he ap-
peared in the case more as an associate
counsel than as anything else, and he did
not institute the lunacy proceedings be-
cause he thought his uncle's brother. Mil
ten. was the proper one to do so. Being
shown the deeds made by Mr. Wilmer, con-
veying pieces of real estate to his wife.
daughter-in-law and sister-in-law, Mr..
Dowd said they were valid conveyances,
and that they reserved to his uncle the
rents and profits thereon during his life.
other Testimony.
Mr.. Dowd was followed upon the stand
by Mr.. D. R. Keedy, the mayor of Hagers-
town, Md, and d well-known attorney of
that place. Mr.. Keedy stated that he &C
companied Mr.. Dowd when he called upon
Messrs. Wheeler, Duvall, Thornton and
johnson, and corrcborated Mr.. Dowds tes-
tiInony as to the statement they made re-
specting the condition of MIR. Calvin Wit
mGr.
After recess Mr.. Calvin Wilmer. whose
sanity is being questioned, was placed I'M
der examination. In reply to questions OF
counsel. he described his business trans
actions in lucid manner. defect in mem
Dry, however. being noticeable. The ex-
animation of Mr.. Wilmer had not been