Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-12-18

which Mr.. Scnuck said was slgnln-
cant fact
Why was it that this letter, and
many other letters mentioned by the
Hissoms. were destroyed by the fam
lily? Because. II produced. they would
have proved that DR.. Hissom was tell
ing the truth, and that J. r. Hissom
was lying. The jury has the right
under the circumstances. 10 give the
plaintiff the benefit OF the doubt as to
evidence concerning the contents OF
these letters.
In February ]. r. Hissom was in Sis
tersville, where he says he stayed
until he learned that his son was there,
when he made a hasty exit, and tries
TO convey the impression that ne was
running away from his crazy son.
When DR.. Hissom returned from His
SONS they say thew feared him, and
had made preparations to tie and Sc
cure him. Instead OF coming home
like a crazy maniac, he threw a piece
of coal at the window Of Lucy, and
she told her parents. Mrs. Hissom
told her not to let him in, and Lucy
misunderstood him and opened
the door. Did the doctor CT
fer any violence to Lucy? Did
he make vicious assault upon
her? No, he simply walked in,
while ]. R. was trying to jump out of
second-story window. Mr. Schuck said
he did not know anything about the
acrobatic proclivities Of the elder His
som, but he did not believe that he
ever contemplated jumping out Of the
window. He laid considerable stress
on the fact that Mrs Hissom left her
room that night. to go cut-of-doors,
knowing that there was a raving ma
Mac in the house
There was no violence that night.
On the next day J. r. Hissom was
sick and the doctor was in his room.
1t was there and then that DR.. His
som told his father that he would
have him arrested, if he did not re-
turn papers which had been stolen
from him. And it was there that J.
+. Hissom concluded that the best
thing under the circumstances for him
to do was to have his son put out Of
the way in an insane asylum. Mr..
Schuck told Of DR.. Hissoms journey
to Wittens, and said that he, a crazy
man, was the only representative of
the family who went down there to
offer consolation to Mrs. Nelson in
the irreparable loss which she had
sustained.
He then took up the arrest Of DR..
Hissom at Benw0od, and character
lied the lunacy proceedings as a
mock trial-not such as an American
citizens is entitled to, but another
Dreyfus trial The Hissoms on the
stand told how they loved and still
love the doctor. Is it not incompre-
hensible that with such a feeling, not
one of the family visited the doctor
in the Jail and offered comfort and
consolation to him? Instead of doing
that, one disinterested witness testi-
fed that even the mother said that
she wanted him to wear old clothes
so people would think he was in
sane.
Mr.. Schuck reviewed the testimony
as to the proceedings before Judge
PAUL, the Spencer examining board,
upon which there was one physician
and Judge Blizzard, of the Circuit
Court of Roane county. Dr. Hissom
was released from custody. He was
the same then as he had been, as he
is now. There was no change. If he
is sane now, he was sane then. If he
was crazy then, he is crazy now.
In closing his argument, Mr..
Schuck took up the points of probable
cause and malice, endeavoring to
demonstrate that the former was alb
sent, and the latter existed. That
there was want of probable cause,
Mr.. Schuck thought was proven by
the facts Of the father going hunting
with his son; Of his attempt to buy
the son to leave home and go South;
of his endeayor to send the doctor to
Mrs. Nelson's to attend the funeral OF
her son. With reference to the testi
mony Of physicians, Mr.. Schuck said
it was entirely a question of fact. If
the statement of facts contained in Mr..
Towards hypothetical questions, were
believed TO be true, the answers con-
stituted good testimony; if believed to
be untrue, the jury would not cOnsid
er either questions or answers.
'If Dr. HisSom was insane, such a
raVing maniac as they say he Is, dom
you think that when MI Howard was
arra1gnlng him in such a scathing man
ner this morning, and shaking his fist
almost under his very nose, that he
doctor would have resented it? In
stead, he RETAINED from giving away
to emotions which might have cOnJrolI-
ed even a sane man under the cir
circumstances.
Mr.. Schuck argued that DR.. Hissom
had d right to fear that his father
would take undue advantage of him in
Attorney EWing's Office. Such an ad
vantage certainly was taken of him,
when he was arrested in a passenger
coach. He called the jury's attention
to the fact that the defense was say
ing nothing now about the doctors
perpetual motion" machine. for the
doctor showed and explained it in a
most convincing manner. Taking up
the character witnesses, Mr.. Schuck
declared that Judge briggs evidence
was worth a thousand such relatives
and personal friends as were introduced
for the defendant. He said no matter
what the verdict of the jury may be,
Dr. Hissom's reputation has been If
reparably damaged. He asked for
damages for the plaintiff for his con-
finement in jail and asylum, and for
injury to his reputation.
The courts instructions for the plain
tiff were read to the jury by S. G.
Smith; for the defendant and by ]. B.
Handlan. The court further instruct
ed the jury as to the form of verdict,
and at 500 O'Clock the jury retired.
-EaG>-
Four Christmas Bargains.