Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-10-13

1 L
MORNING-HE WILL BE FOL-
| LOWED BY w. P. HUBBARD.
The contest of the will of the late DR..
John H. Pipes, which has occupied the
attention of Judge Hervey's side of the
| Circuit Court for the greater portion of
two weeks, is approaching an end. The
taking of evidence was included when
| the court took recess at noon yester-
| day, and in the afternoon counsel began
| their arguments to the jury. Capt.
! B. B. Dovener did not conclude his ad-
| dress when court adjourned. and will
continue this morning, after which the
case will be closed by w. P. Hubbard
| for the executors. The case will be
given to the jury about noon.
The morning session was consumed
| in hearing additional evidence for the
executors. DIR. McGlumphry was le-
called, and upon cross-examination was
| somewhat confused regarding the dates
upon which he had conversation with
DR.. Pipes on a B. & o. passenger train.
| Mrs. w. S. Pipes was examined
| briefly, testifying to the soundness Of
mind, and the weak physical condition
| of the decedent.
The deposition of Harry c. Stewart
was read to the jury. He is proprietor
of the pharmacy in the building at the
! corner Of Thirty-sixth and Jacob
| streets. owned by DR.. Pipes, and a por-
ton of his estate. The deposition was
taken Tuesday night by Mr. Hubbard
and Capt. Dovener.
Witness testified to seeing DR.. Pipes
! frequently during the last two years
of his life. lie saw him before his de-
parture for Mountain Lake Park, and
also after his return. He laughed and
chatted and appeared to be bright, and
in good spirits. Witness said he never
talked to the Rev. Mr.. Bigger about
the mental condition Of the deceased,
with reference to his capacity for trans
acting business. Witness said he had
not known DR.. Pipes to perform any
! operations upon patients during the
last year of his life. Witness remem-
bered when the doctor left for Noun
| tain Lake Park Mrs. Pipes accompa-
MED him in the carriage to the depot.
DR.. Pipes was home in November, as
he voted on election day. To the best
recollection of witness. DR.. Pipes
walked to the polls alone.
| Witness said the doctor was emacia-
ted physically, but appeared to be
bright enough mentally. He did not
know that the doctor had used drugs.
He did not know that he got any mar
cotics from his pharmacy. He never
talked to DIR. Pipes about his mental
condition Asked about telephone
] message concerning the Knights OF
/ Honor and insurance, witness said he
gathered from the conversation of Mrs.
Pipes, that the insurance was to be
! transferred, and that t. c. Pipes. OF
/ Cameron, would be up to attend to it.
He had never heard of will of the
/ doctor, containing a beCuest of $500
to the Third Presbyterian Church. He
! had never talked with DR.. Pipes about
i his business affairs. He did not pre-
sumo to ask about such matters. Be-
! fore his departure, DR.. Pipes talked of
! going to Arizona. He went to New
Mexico, however, and Slater Pipes ac-
companied him. w. S. Pipes told wit
ness about the trip.
The reading of the deposition occu-
pied considerable time. owing to nu-
merous objections and wrangles by
counsel. The respondents rested their
case at this point.
Court then adjourned until the after
noon. Upon re-eonvening, counsel were
/ informed that each side would be al
lowed three hours for argument. Mr..
Nelson Hubbard opened the case for
the executors, and made a plain state
ment of facts for his side, reviewing the
evidence. and deducing arguments to
| show that DR.. Pipes was of sound and
disposing mind when he signed the
paper purporting to be his last will
and testament.
Mr.. Hubbard was followed by Col.
Robert White. who made forcible
I speech, about an hour and half in
/ length for the contestants. Capt B..
| 3. Dovener then took the floor, shortly
before five O'Clock, and spoke until $50,
at which time court adjourned until
$50 this morning. The concluding
argument will be made by w P. Hub
hard. and the case will go to the jury
at the close Of the morning session.
Zoe our SO heavy weight Blue Serge
( s,tfn faced NJ (sIrTMAN a. Co.