The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-10-06

The Pipes viii contest had its second
day in the circuit court, Judge Hervey
presiding. yesterday. and there was a
considerable amount of testimony
taken. The suit is instituted by DR.,
John R. Pipes, to break the will Of the
late Dr. John H. Pipes, his
father. and 1. is being fought
on the ground that the deceased
doctors mind was unbalanced, through
the use Of narcotics. when he made the
will.
The principal witnesses were w. II.
Lopez. clerk in the Bank of Cameron.
Rev. R. R. Bigger pastor Of the Third
Presbyterian church. and Miss Barbara
Kater. who worked at the Pipes home.
These were subjected to a searching
cross examination by Mr.. W. P. Hub
bard, attorney for the defense.
The first witnesses were Drs. Hall
and Hanlng, whose testimony related
to a letter sent to DR.. Haning from
Mountain Lake Park. 1t was brought
out that the letter was written by DR..
Hall, at DR.. Pipes dictatlon. The court
sustained the objection to the letters
Introduction.
DR.. w. e. Stathers, superintendent of
the Weston asylum. for the insane, for
merly an Eighth ward physician, and
well acquainted with DR., Pipes, tesh-
fed that DR.. Pipes was eccentric at
times, but he wouldn't say his mind
was seriously affected.
Mr.. Lopez. who copied the will, did
so at the request Of Thomas C. Pipes,
and in the presence Of DR.. Pipes. Con-
tinulng, the witness said the doctor
dictated the will. Witness didn't know
when the stampswere placed on the will
or who wrote the cancellation. The
handwriting on the stamps resembted
t. c. Pipes and DR.. Pipes said the wit
ness to Mr.. Dovener. ~. H. Pipes" was
written on one stamp: ~. H. p" on the
other. T. C. Pipes paid the witness a
dollar for transcrlbIng the will.
The original copy of the will was Of
fered in evidence by Afr. Hubbard. Mr..
Lopez said this will was furnished by
Il. C. Pipes, who dictated the form in
which the names were to go. and the
form was in T. C. Pipes handwriting.
DR.. Pipes filed up the blanks, and wit
ness believed the doctor knew well what
he was about and that his mind was
clear.
Or. Mccoy saw DR.. Pipes at the lat
ter's home In the spring of 1898. The
deceased seemed irritable and peevish,
but witness didn't believe him insane.
In the opinion of witness the lengthy
use of narcotics produced mind failure
only in some individuals. Witness
never talked with the deceased when
latter was irrational.
After the noon recess, Jesse Crago
testified to having seen DR.. Pipes on a
train take two doses Of powder from a
vial and fall asleep. This was two
years ago.
Captain william W. wlckham, Ohio
River railroad conductor, had money
transaction in 1898, with DR.. Pipes in
Ashevllle, N. c., whittier the doctor had
gone in search of better health. Wit
ness always wanted third party pres
ent in their transactions. Sometimes
the doctor seemed a little on" said
Captain wickham, and the doctor once
explained that he took too much"
Rev. R. R. Bigger knew DR.. Pipes
we'll, lived In the same square with him.
He had never seen the doctor take mar
cotics, but noticed his actions for about
eight months previous to his death, and
he thought them strange. The doctor
was weak. nervous, moody and often
went about muttering to himself. Dur