Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-10-06
THE PIPES WILL CONTEST.
Another Day Spent in Taking In
teresting Evidence
OF A NATURE TO SHOW THAT THE
DOCTOR WAS NOT OF SOUND
AND DISPOSING MIND WHEN
THE DOCUMENT WAS DRAWN
UP-THE CASE WILL HARDLY
GO TO THE JURY TO-DAY.

| GO TO THE JURY TO-DAY.
Another day was spent in the Circuit
Court, Judge H. C. aervey, in taking
evidence adduced by The contestants to
/ show that Dir. John IL. Pipes was Lot
of sound and disp0slng mind when ne
| drew up the instrument pucportlng TO
| be his last will and testament. The
case may go to the jury to-day, but It
| is not likely that the arguments will be
made until tomorrow. Considerable
! interest will attach, especially in the
medical profession, 10 the expert testl-
morJ to be given this morning by Dr..
lyman, of Newburg, o.. who is con-
nected with the College CT Physicians
and Surgeons in Cleveland, and who,
| it is understood, will testify to the eff
| feet of narcotics upon tie mind. the
contestants also attach considerable
weight to the will itself, the manner OF
its preparation, and the circumstances
| under which it was written and signed.
! An important witness was introduced
in the morning, in the person of w. H.
| Lopez, a clerk of the Bank of Cameron,
| who wrote the will. His evidence, in
effect, was that the form of the will
was prepared by Thos. C. Pipes, but
that DR.. Pipes dictated the requests
1t was between seven and eleven o'clock
in the evening. DR.. Pipes was lying
| down a portion of the time, and stand
ing before the fire during the remain
der of the time. Witness had been
paid a dollar for his clerical work. L.
| C. Pipes was not a lawyer, but had
| been a Justice Of the Peace for num-
Der of years, and was acquainted with
4, legal forms The original copy, with
| blank spaces for the requests, was pre-
pared by T. c. Pipes and copied by
witness, DR.. Pipes debating the be-
| quests.
| Capt. Dovener asked number OF
questions concerning the form OF the
will, the stamping and cancellation of
| stamps, etc. The copy was in two
sheets with a blank space on the first
sheet which, witness said, in reply to
question, that he had probably left
there at the direction of 7. G. Pipes.
He did not know who cancelled the
stamps. The writing looked like that of
DR.. Pipes, and also resembled the writ
ing of T. C. Pipes. 1t contained about
$40 worth of revenue stamps Witness
did not think there were any S. stamps
in Cameron.
The signature on the stamps was read
| to the jury. The five dollar stamp was
cancelled ~. H. Pipes" the others ~.
H. p" On cross examination by Mr..
Hubbard, witness said. the Cameron
bank has no vault, but a large safe.
Mr. Hubbard offered the original copy
of the will in evidence. Witness testi-
fed that DR.. Pipes mind appeared to be
perfectly clear
DR. w. E. Stathers, superintendent of
the Weston Hospital for the Insane,
and a former professional partner of
DR.. Pipes, testified that DIR. Pipes was
in poor health, but he would not say
that his mind was badly affected, al
though he appeared eccentric at times.
DR.. Mccoy testified that he saw DR..
Pipes at his home in the spring of 1898.
He was irritable, and his mind might
have been affected, but he was no: in
sane He thought it was difficult to
tell where eccentricity stops and insan-
ity begins. Constant use of narcotics
would probably impoverish botn mind
and body, but it depends largely upon
the individual.
Jesse Crago testified that he rode on
an Ohio River train with DR. Pipes, and
saw him take two doses of medicine
from a vial, after which he 1ell asleep.
W. ". Wickham, Ohio River passen-
ger conductor, loaned DR.. Pipes money
when he went to Asheville, n. c. The
doctor seemed a little Off at times,
and witness always wanted q third
party present when there was a bust
ness transaction with the doctor.
Rev. R. R. Bigger, pastor of the Third
Presbyterian church, was a good wit
ness for the contestants. He had seen
DR.. Pipes take narcotics, and suspected
at various times that he was under
their influence. His moods were vari-
able. He was at different times talk
alive, moody, and even foolish. When
he returned from Asheyille he was
usually either drowsy or nervous. His
condition was particularly grave after
his return from Mountain Lake Park.
Witness never saw him then that he
was not under the influence of some
drug. His mind was dazed and blunted,
and at times he was virtually crazy.
Witness did not regard him as capable
of attending to business, unless t was
very brief, and verbal business.
On cross-examination, witness teld
Mr. Hubbard that DR.. Pipes, when in
very wild condition, asked for prayers
Afterwards, witness thought he might
have suggested prayers. Mr. Hubbard