The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-12-01
HE'S ALL RIGHT.
Eli Yoder' Effort to Have His Father
Declared Insane Pals.
UNUSUAL PR5CsEBiSG BETWEEN MEH-
MONTH"; BRETHREN.

1
The novel proceeding of son appear
ing sgai st his father in court of lnnaey,
where il is sought to make it appear that
the father is mentally disqualified from
taxing care of his estate, was witnessed
here last week. The proceeding, owing
TO the fast that the parties are both mem
bers of one of the branches Of the Men
MONTE Church, whose peculiar belief for
bids their taking prescribed oath, and
requires them 10 wear hooks and eyes
instead of the familiar button, and in
other ways TO clothe themselves with Sc
we're plainness, attracted more than the
usual amount Of attention given to cases
OF similar character.
The proceeding was instituted by Eli
loder, the only child and natural heir OF
Christian Yoder, a venerable Elk Lick
township farmer He testified that he
had worked on his fathers farm until he
arrived at mans estate, and for three or
four years thereafter, when he removed
to West Virginia, where he still resides.
He declared that the rundown appear
anee of his fathers farm and the secretive
manner in which he conducted his busi-
ness, as well as the fact that he was al
legged TO have three or four women in his
employ, indicated to his mind that he
was squandering his substance, and that
the Court should sppoint some one whose
business it would be to see that his affairs
were properly and economically man
aged He admitted that his father had
treated him with more or less liberality
before and since the death of his mother,
some five or six years ago, and only
short time ago divided with him the pro-
ceeds of lumber sale, but recently he
declared the old gentleman haG not been
as confidential with him as heretofore,
even going so far rs to refuse TO tell him
how he expended his money. A number
of witnesses were called who swore that in
their opinion Mr.. Yoder was mentally
ineapacitated from managing his estate,
most of them basing their opinion on the
fact that for several years he has per-
mitted his farm TO run down and has not
garnered the same proportion of crops as
did his neighbors.
On the other side fifteen or more wit
nesses testified that they had known old
man Yoder for many years and that there
was nothing in his conduct 70 indicate
that he was mentally deficient, while
several declared that he showed marked
good judgment in refusing to employ
farm hands to raise wheat at 50 cents per
bushel, when he himself was incapacitat-
ed by old age from doing farm work un-
assisted. Three or four physicians testi-
ned that they had examined the defend
ant with a view to ascertaining his mem |
tai condition and were quite positive that |
his mental faculties were not impaired, |
but are as strong as are usually found in a |
man of seventy-four years of age. Old |
man YOder did not testify in his own be- |
half, although he was an interested spec
tator throughout the proceeding and /
frequently consulted with his attorneys /
in regard to the examination of witnesses.
He exhibited no outward resentment at
the conduct of his son and had gone TO
his home before the verdict of the jury
was announced.
The proceeding was held before lawyer
IL. l.. Baer, who was appointed commits
sioner by the Court, and a jury of six men
were charged with hearing the evidence
and rendering a verdict in accordance
with the facts. Portions of Wednesday
and Thursday were occupied in taking
testimony and hearing arguments of
counsel. The jury found Mr.. Yoder
sane, having arrived at that conclusion by
a unanimous vote on the first ballot.
The scene presented during the trial
was novel one, as instances are rare
where the machinery of the law has been
invoked in this county to settle disputes
between members of the Mennonite
The branch of the church to
which the elder Yoder owes allegiance
has no ministers or Bishops in Western
so that when his wife died
he was compelled to send 10 Ohio for
Bishop to officiate at her funeral, and
when he wishes TO partake of adtchmdht
Or communion, ne has either to send for
a Bishop or go TO Ohio in order to partake
Of thai solemn ordinance. Mr.. Yoder
says that all who rofess his faith are op-
posed to building houses devoted to wpr-
ship. and prefer paying reverence to .he
Almighty in their homes or barns Q, in
Gods first templos"-the groves.
'Nhe old farmer, as he sat in the court
charged with passing upon his mental
res possibility, looked as though he might
have served as model for an artist en-
gageG n painting the portrait of one of
he early church fathers. A man of giant
frame, %1ith keen gray eyes and promi
lent Grecian nose; a wealth of long grey
hair carefully eombed reaching to the
close fitting collar of his buttonless coat;
.he upper lip and cheeks cleanly shaven
lad snow white beard completed a
strong picture. The facial resemblance
between father and son is quite marked,
he only difference being in the color of
heir locks, those of the son being raven
black. The son affects dark and the
father gray clothes.
In 1889 Mr.. Yoder was the victim of a
brutal assault at the hands of band of
robbers known as the "McClellandtown
Gang" who tortured him with firebran6s
held to his feet and strung him up by the
neck in his barn until he was in the
.hroes of death, in vain attempt TO make
him disclose the hiding place of the gold
and bank notes he was alleged to have
about his house. The robbers
we're afterwards taken at their rendezvous
N Fayette county and brought 10 Somer-
set for trial. Their aged victim fatty re-
used to appear against them as a witness
bat was compelled to do so by the Dis
.rict Attorney. The members of the
gang were convicted and sentenced 10 the
where they are still con-
lined.