Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-07-06
DECLARATION FILED.
Dr. HiSSOm Gives Reasons for Asking
Damages.
CLAIMS TO HAVE BEEN RUINED
IN THE PRACTICE OF HIS PRO-
FESSION AND TO HAVE IN
CURED GREAT LOSS TO CRED
1T AND NEUTRALITY-SUSPICIOUS.
OF THE DECLARATION.

VI lI1G 11ON
Another chapter in the somewhat
noted Hissom serial developed yester-
day when Attorneys w. P. Hubbard and
S. G. Smith filed with the Clerk CT the
Circuit Court the declaration in the
$780, 900 damage suit of DIR. Samuel X.
Hissom VS.. James r. Hissom, his faith
er. As will be recalled the suit, the
first papers in which were filed last
May, is the outgrowth of a family feud
which, pom the 18th of last February,
resulted in the arrest of plaintiff upon
a charge of lunacy and his sub
Sequent incarceration in the asylum for
the insane at Spencer. He remained in
the institution from March 31st until
May 4th, when he was released upon
the order of Judge Reese Blizzard, of
the Circuit Court of Roane county, his
attorneys having brought habeas corpus
proceedings to secure his liberation.
The case is a peculiar one inSomuch
as it is the only instance on record
in Ohio county, or perhaps in the State
of West Virginia, when a man taken
into custody upon a lunacy warrant
made a legal defense.
The parties to the suit reside on
South Penn street, on the Island, and
the father, James r. Hissom, is re-
puted 10 be wealthy.
The declaration filed yesterday con
tains four counts. The first recites that
plaintiff, Dr.. S. K. HiSSom. is a quiet,
p~eaceaDle, san citizen, VINO has never
been insane or a lunatic. That he was
a physician in Ohio county up until
the time OF his arrest last February;
that he was afflicted with weak lungs
and was threatened with pulmonary
disease so that confinement of any sort
would seriously impair his health and
possibly result in his death. The dec
laration further states that defendant,
his father, we'll knowing the premises,
contrived to injure plaintiff in good
name, fame and credit and to bring
him into public scandal, infamy and
disgrace, and to it to be believed
| among the neighbOrs and patients OF
plaintiff that he was unfit mentally to
| practice his profession, and to yeX,
harass, impoverish and ruin him in
such practice, and to cause him TO be
imprisoned for a long space OF time.
That by this act he was exposed to all
the dangers of pulmonary disease and
possibly death.
On the 18th day of last February, ac-
| cording to the declaration, the defend
ant falsely and maliciously and without
| reason or probable cause whatsoever,
| caused and procured one c. S. Greer, 4
Justice of the Peace, TO issue a war
rant reciting that plaintiff was a luna
tic. And that the said defendant
| caused plaintiff TO be arrested n to
be taken in handouts in daytime
through the public streets OF Wheeling.
That on the 31st day of March, 'y9, the
defendant had plaintiff. falsely and
maliciously, taken TO the Second Hos
pital for the Insane, at Spencer, w. Va,
where he was confined for thirty-four
days.
The declaration then recites the pro-
| ceedings before Judge Blizzard, result
ing In the release of plaintiff from GUS
tody.
The second count of the declaration
is Simply a SnOItcF STATEMENT VI thS
same facts set forth in count one.
The third count charges defendant
! with assaulting and causing plaintiff to
be assaulted.
The fourth count states that defend
ant assaulted plaintiff on February
| 18th, 80, beat, bruised and ~ill-treated
him and had him confined for a space
of seven weeks.
The last paragraph of the fourth
| count concludes with the statement
hat plaintiff has been ruined in repu-
! tation and in his profession, and that
he has already expended $1,000 in his
own defense. He also claims damage
for loss of health and credit and places
the full indemnity at $100,0 00.
The case will come up at the Septem-
Der term Of court.