The times., 1899-03-30

jected to the question, which objection was
overruled. DR.. Tompkins then proceeded
to expatiate on the symptoms OF demen la,
and said that the paralytic stroke must
have been caused by local softening, or le-
sion, of the brain. He further explained
that the same result could be brought
about by the clogging of some OF the blood
vessels leading to the brain, which, in ad-
dition, would cause loss OF memo1y. Such
a result, he thought, would also b. brought
about by moral shock, or a series Of
shocks softening of the brain was the be-
ginning of senile dementia, and one of its
symptoms was unnatural hostility toward
a person who had formerly been a c.ose
friend or relative.
The doctor said the testatriN's condition
evidenced softening of the brain, which
| would easily render her susceptible to ia
| fuence and he did not believe her testa-
mentary capacity sufficient to make a will
at the time she formulated that instru-
ment. Such conditions could exist for
some time without attracting the attention
| of her acquaintances.
The Afternoon Session.
After recess, at o'clock, DIR. Tompkins
was recalled and was cross examined on
the same line of testimony adduced in his
| examination-in in chief. The dispositions OF
| Mrs Ella Carr, Mrs Morris, and Mrs NJ.
| E. Gwinn, of Baltimore, which related to
| the physical condition of Mrs. Eliza Dain-
| gerfield, were offered in evidence. De-
ponents were of opinion that her physical
| condition was good and that her mental
| faculties were not impaired.
The deposition of Reverdy Johnson, q
| brother of the testatriX, was also intro
duced. In his opinion the mind OF his sis
| ter was perfectly clear: she had exhibited
a familiarity with her various interests in
| Baltimore and had readily given informa-
tion regarding the same.
| The court then took a recess until
| O'Clock this evening, at which time the
| reading of the dispositions on behalf of the
| contestee was continued, and occupied al
most the entire night session of the court.
| Counsel for Mrs. Efiie Daingerfield intro
duced copy of the will of Reverdy John
son as evidence of the right of the testa-
| triX to transfer her property. The will was
admitted in evidence, however only so far
as it might tend TO show the condition of
| the mind of the testatrix. Papers accom-
| panying the will, MIR. Johnson stated had
been found in bureau drawer in the room
of the testatriX and were offered as evil
dence to show that she was familiar with
her business affairs.
Bernard Carter, of Baltimore was the
next witness. He married Miss Sallie
| Daingerfeld, a granddaughter of the testa-
trix and daughter of Mrs. Effie DANGER
| field He was we'll acquainted with Mrs.
Eliza Daingerfield: had met her on various
occasions in Baltimore and frequently Wis
tied her home in this city She displayed
great affection for the children of her
home and was frequently in their COM
pany He regarded her as a woman of
strong mental and physical faculties. When
questioned concerning the character of
Mrs. Etfie Daingerfied, his mother-in- law
counsel for contestants objected Mr.
Johnson, who had introduced the question
stated that he referred to the mental char
acter as the charge of undue influence had
been attributed TO his client. The court
decided to rule the question out with the
reservation that should the other side bring
the question out the contestants would be
permitted to respond in like manner Mr.
Carter spoke of the kindly feeling manifest
ed by the testatrix for Mrs. Effie DANGER
field.
The next witness was Julian T. Burke
He testified that he had been intimately
acquainted with the testatrix and the mem
bers of her family for, many years. His
father had been the guardian for Henry
and Reverdy Daingerfield during their mi
nority, and subsequently the witness sue
ceeded his father in attending to the finan-
cial affairs of the testatrix. He always re-
garded her as woman OF business quail
ficatlons and her mental faculties were
considered by him to be good up to within
a short period before her death.
At 10 o'clock court adjourned until to-
morrow morning at 10 o'clock.