Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-11-28

The opening statements OF counsel in
the Hissom 100000 damage suit were
concluded yesterday morning, and The
plaintiff introduced number of wit
nesses The testimony was substan-
TALLY the same as upon the first hear
ing of the case. There were several an
noying delays, one being caused by a
search for documents and another by
the absence of Witnesses. The number
of documents has multiplied since the
first trial. Judge Hervey indicated his
purpose to rush the ease through, and
intimated that If there are further de-
lays occasioned by the absence OF wit
nesses when called the usual method
of compelling their presence will be en-
ployed. Mr. Hubbard was absent dur
ing the afternoon, and The examination
of witnesses was conduced by Mr. Smith
and Mr.. Schuck.
The plaintiff introduced testimony to
prove the arrest and imprisonment of
DR.. S. K. Hissom upon a lunacy charge,
and events preceding that action.
Robert T. McNichol was subjected to a
rather severe cross-examination. Mrs.
McCurdy created some interest by her
refusal to repeat language she ,l1eard
at the Hissom home, and neither side
seemed disposed to press the matter
The first witness called was Justice
of the Peace NJ. J. Fitzpatrick, who tes-
titled to the issuance CT a lunacy war
rant for the plaintiff upon complaint of
Attorney James Ewing. He said that
Mr.. Ewing paid the costs of the pro-
ceedings, but he could not recall that
Mr. Ewing intimated who would pay
him.
did they not want you to place the
warrant in the hands OF the Chief of
Police rather than the Sheriff."
Yes"
"Why was that?"
Il could not tell, but l always pre-
ferred to have bonded officer to serve
my warrants"
George Wait, county constable, testi-
fled to substantially the same facts as
Squire Fitzpatrick. He thought there
was no feeling against the son on the
part of his father. The elder. Hissom
expressed the hope that the Doctor
would get out Of the asylum sound and
well.
Police Lieutenant Ed. Michaels testi-
fed that he and officer Bickerton made
the arrest upon Fitzparick's warrant.
He signed his name on the back OF the
warrant. He used handouts because it
was customary. He was informed that
DR.. Hissom would come up on an Ohio
River train. Witness met three trains
at Benwood and arrested the plaintiff
upon the third one. He told in detail
about the arrest, placing handouts up
on his prisoner and delivering him into
the custody of the jailer DR.. Hissom
offered no resistance. He wanted TO
know If the arrest had been caused by
his father, and witness could not en-
tighten him. There were about forty
persons in the car when the arrest was
made. DR.. Hissom wanted to ride in a
cab, but witness said ne had no funds
to procure a cab, but would call the
patrol wagon. The Doctor said he
would rather walk than ride in such
conveyance, and they walked to the Jail,
avoiding the most public streets. Wit
ness and Bickerton were dressed in cit
liens clothes.
The next witness was c. s. Greer, a
justice of the peace, who conducted the
lunacy investigation of DR.. S. K. His
som. Mr.. Schuck asked a number of
questions for the purpose of bringing
out the facts relative to the under
standing between witness and Hissom
as to payment of the costs. He had
rendered bill for fees to James
Ewing, attorney. Squire Greer was
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