Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-10-12
MANY PERSONS TESTIFIED
Yesterday That DR.. John q. Pipes Mind
Was Unimpaired Before Death.

/ Was Uulupdlfeu before U6dtH.
| CONTRARY TO EXPECTATION THE
EXECUTORS SUMMONED MANY
MORE ADDITIONAL WITNESSES.
THE CASE WILL NOT BE CON
CLUDED TO-DAY, ALTHOUGH
ALL THE EVIDENCE MAY BE IN.
THE TESTIMONY OFFERED.
| 1t was expected that the executors
of the will Of the late DIR. ]. H. Pipes
| would rest their case when they had
! concluded the examination of witnesses
who were previously summoned. Dur
ing the day many additional
| witnesses were subpoenaed, however,
| and it is not likely that all the evidence
| will be in until to-day The arguments
| of counsel will probably be made on
| Friday, upon which day the case will go
| to the jury. During the cross-examina-
ton of the witnesses yesterday, Capt
| Dovener asked questions to show that
all the witnesses were secured by the
| Pipes executors, but the answers
showed that. they had not been interro-
gated as to what their testimony would
be.
The Rev. DIR. F. w. Peschau. Of
Greensburg, Pa, was called. He knew
DR.. Pipes since 1867, and saw him No
vember %, 1898. He called upon the
| doctor, who told witness he was very
sick. He talked nationally, and wit
ness noticed nothing wrong with his
mind. His answers were so clear, that
witness thought he could not have
been under the influence of narcotics.
Witness said he came to testify at the
solicitation of Slater Pipes.
Miss Anna Brown, of Sardis, O., was
next called. She knew. DR.. Pipes in
1898, and was employed at his home
as a domestic in the month of Novem-
Der, leaving the house January 18th,
1899. He appeared to be all right men
tally with the exception of one even
ing when he was very sick, and was
muttering to himself. She knew he
was using morphia.
Several witnesses testified in the
early part of the afternoon, in effect
that they had conversations with DR..
Pipes during the year preceding his
death, and that while his physical con-
dition was very poor, they failed to OBJ
serve any indications OF impaired men
tai vigor.
Dr. J. w. Hickey testified that he
saw DR.. Pipes in Cameron. The doc
tors health was very poor, but he could
! see no evidence in his conversation that
his mind was in any degree impaired.
Rev. DR.. J. A. Fullerton, Methodist
clergyman of Clarksburg, testified that
he saw Dr. Pipes at Mr. Burley's
! boarding house in Mountain Lake Park,
and for two days before witness left he
occupied the cottage of witness. They
talked of European travel, OF the Amer
! lean consular service. and OF literary
! subjects, in a general conversation, and
| the doctors mind appeared to be clear
He was perfectly rational. He had no
| knowledge of DR.. Pipes use OF mar
cotics.
Harry Burnley, of Cameron, testified
! that he saw Dr. Pipes while he was in
Cameron, and talked with him. lie
| thought he was very bright"
Henry M. Russell was recalled, and
testified that he held several CONVEX
sations with DR.. Pipes, relative to the
Cooey. Furbee & Bentz transaction,
since March II, 1898.
John H. Waiter, of Cameron, testi-
fed that he had filled several prescrip-
tons signed by DR.. Pipes. His evil
dence was unimportant as most of his
answers were ruled out on objections
by Col White.
Richard Robertson, Clerk Of the
County Court, testified to the admis-
sion of the will to probate, and the tes-
timony of Geo. A. Stidger that DR..
Pipes was as clear in his mind as at
any time in his life. Mr.. Stidger said
this very emphatically in answer to
question by one of the attorneys.
Mrs. NJ. E. Clemans knew DR.. Pipes
saw him in August, 1898, at Lock Lynn
Heights; roomed across the hall from
him in Burley's boarding house; talk
ed with him frequently. On one occa-
sion Dr. Pipes asked witness to help
him select a monument. She saw moth
ing wrong with his mental condition.
Captain Dovener Intercepted witness
about a visit he made, and attempted
to make her say that she WIS present
when he was not permitted to see the
doctor. and knew the reason which
was given. She remembered that Capt.
Dovener called, but could not remem
lber why he did not see DR.. Pipes. She
recalled the fact that Mrs. Pipes had.
on one occasion. when the doctor was
worse than usual, asked for some CO.
caine.
John Allen, hostler for Dr. Pipes for
more than three years, testified tnat he
| left the doctors employment Novem-
Der LIST, 1898. He saw him every day
and talked to him. He talked about
his son, and said II he ever dropped
! off he didn't intend to leave him any
! thing. He talked all right at all times.
Witness never saw the doctor taking
any narcotic drugs.
| Capt. Dovener asked witness what
he understood by narcotics. and he re-
piled that he supposed it was whiskey
! or something like that. He was "tol-
cradle sick" before he went away
Witness never saw the doctor walking
up and down in front of his home. and
never heard him moaning or making
a noise during the night. Witness
/ slept two rooms from him.
| James F. Burnley, of Mountain Lake