The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-01-09
MORNING SESSION.
DECISION AGAINST THE DEFENSE.

DECISION AGAINST THE DEFENSE.
Court opened promptly with the an,
nouncement from Judge Wise that he was
ready to bear arguments concerning the
disputed point, viz: whether or not DR.
Portmann considered Mrs. Aultman cap.
able Of managing large estate. Judge
Day and Judge Amber presented argu-
ments. The court held that the question
was Objectionable and sustained the OBJ
! lection. Exceptions were taken. This is
a loss for the defense that some think will
| prove q handicap.
DIR. Portmann resumed the stand. He
thought Mrs. Aultman was capable of
transacting her business, and had not
testified Thursday that at the time in
question her conversation was not coher.
ent. Stenographer's notes read so, and
in explanation, witness thought Mrs.
Aultman was too unreserved in her con-
duct with the little Hawk girl. Her
memory was impaired, but still thought
she was able to conduct her business Be
would trust her to manage his private
affairs. He did not think she could run
locomotive, practice medicine or law
She kept books well. Think she has
been improving since '94. Know of none
heard she had some.
Would knowledge of her having de-
lusiOnS of the attitude of friends or her
peculiar ideas of the attentions of male
friends, change your ideas?"
"No, sir, her troubles were probably
funGtionable.
Did not think she was especially i'm
questionable. WaSa very friendly woman,
lnVnhln ha
yious TO 'S4 but affectlonate. She was
not hilarious, These attacks of melan-
choly would not change his ideas. It
she was in seryilc decay, his opinion
would be changed. No. sir, he never had
any trouble in asccrtaining the delusions
of inmates of insane asylums. have
read German, French, English and other
authorities.
You have read too many" said Judge
Day.
READY FOR PEELING.
"Well, heard you were going to peel
me and prepared myself. Naughter.)
knowledge of such delusion as you
say would qualify my belief If she had
had acute mania, she would probably not
be living. People can have bad memory,
imagination, ETC., and be sound if they
gain knowledge. Fever blots out years
of some peoples recollections. Mrs |
AuItman might forget her former ex.
perinences and still be sound.
II made no affidavit, on her request, of |
sanity in December, '94. told her she |
had guardian. She was astounded. |
She would not believe it. Mr.. Miller had |
not told her the truth. He had said he |
was not her guardian. 1t seemed she had |
forgotten what l had told her in '9l. |
People might forget such thing. She |
believed Mr.. Milier's dental She wanted |
counsel. l said l would speak to Mr.. or
Mrs. Harter.
"When she spoke of making her will, |
to which DIR. Brant and l witnessed, she |
jotted down her bequests. Said she, Il |
am going to make my will according to |
the dictates of my own conscience.
She said she would leave Levi Miller
nothing but would give Sarah $40, 900. |
wanted her to leave out Sarah, and then |
Sarah came in and announced that she |
wanted nothing. Mrs. Aultman insist
ed. WANTED 800, 900 for Aultman hos
pital. wanted the Milers to have the
money. l didn't care for Mr.. Miller, but |
Mrs. Miller is a charming lady. did
not testify that Mrs. Aultman had told |
A@AN
Millers and Mrs. Harter. did tell her |
Mrs. Harter had enough money. Sarah
did tell me Mr.. Miller came about stick
ing his nose in the kettles, examining
the horse feed, ct cetera. / think Mrs. |
Aultman was present / do not remem-
ber that the latter said anything.
Doctor, is it true you never proposed |
to Mrs. AultmanP"
ABOUT A PROPOSAL.
Plaintiff objected, but Judge Day, on
his feet In moment, said he purposed to
show by a half dozen witnesses OF the
highest character that Mrs. Aultman said
he had proposed TO her.
Court sustained and Judge Day then
asked II she had such delusions, II this
would change his ideas. Witness thought
not. Delusions are delusions. There
can be delusions without insanity. In
sane people have deluslons. heard Sarah
and Mrs. Aultman talking of Mrs. Harter
having charged Mrs Aultman before she
could remove an old heirloom, a set of
rosewood furniture.
discountenanced all such things /
never asked her about her estate. II she
could not comprehend business, IL would
make difference, but still she might get
along. l have changed my views. |
testified before Judge Fawcett in the
case. believed she needed
. guardian On your supposition, said
She would have softening of the brain. 1
said she would soon have no mind at all.
IL was ON hypothetical case. Do not
remember of telling DIR. Phillips that.
May have done so. Mrs. Miller told mo
10 see Mrs Aultman In May, 1898. l
don't remember Of having told her Mrs.
a ultman would soon have no mind at
All. Think my conversation with Mrs.
Miller was earlier than 1898. Never told
Mrs Miller that Mrs. Aultman needed "a
guardian, because she was dcmented.
Positive did not. Mr.. Miller had told
me not 70 oall on Mrs. Aultman profes-