The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-03-07
DIE ARGUMENTS
Begin In the Hissom 100000 Dams
age Suit
WILL Be CONCLUDED TO-DAY.


N " "
The arguments in the Hssom case
began in the circuit court Judge Her
yey. yesterday morning. and they viii
be completed this afternoon at s o'clock.
The instructions to the jury will likely
BE given tomorrow morning, after
which they viii be given the 10000
damage suit to decide, which was
brought BIZ Dr.. s. X. HlsBom against
his father, J. R. Hissom, on February s.
For the FIRST time since the suits In
ception, the witnesses were permitted
within the courts precincts, and they
evinced the closest interest in the argu-
ments. The entire Hlssom family was
present, including many relatives and
they occupied seats in the front row.
Mr.. Charles j. sehuck, counsel for the
plaintiff. consumed the morning session,
ana Mr.. J. Bernie Handlan; spoke for
the defense in the afternoon. This
morning, Mr.. John A. Howard VIII close
for the defense. to be followed in the
afternoon by Mr.. ". P. Hubbard, for
the plaintiff.
The suit alleges malicious prosecution
on the part Of j. r. Htssom, and Mr..
schuck endeavored to point out the EVIL
dences OF malice. He said Dr.. HIssom
was acting as his mothers protector.
which aroused the fathers enmity.
Thence, Mr.. schucl6 described In detail
the circumstances leading up to the
doctor's arrest, the latter being insti-
tuted by the father. Alleged discrepan-
cies in the testimony Of the defense were
alluded to, and Mr.. schuck insisted that
the son was acting for his mother
throughout, but that she was turned
AGAINST the son after his arrest, through
the influence Of the father. Mr.. schuck
made an able presentation Of the plant
ms case. and he spoke until the noon
adjournment
Defense Opens.
Mr.. Handlan began speaking at 2 p.
m. and his argument was along the line
that the fact had been established that
pr. Hlssom Iabored under decisions re-
garding his fathers property. He laid
great stress on a note written by the
plaintiff to ]. w, Ewing, dated Febru-
ary is, 1899, two days before his arrest,
IN which he urged a settlement with his
father ION the best arrangements" The
speaker charged some of the testimony
for the plaintiff as being manufactured.
Then Mr. Handlan read letters writ
ton by the doctor to his father, previous
to his departure from Germany, and he
argued that their contents were incon-
slstent with the doctors testimony that
he came home to protect his mother,
one Of tho letters was written two
weeks before he sailed. and 1t was afIec-
tlonately addressed to the defendant.
There was no mention in the PLAINTIFFS
letters, said Nj. Haudlan. that he had
been advised by his father to go to
italy or Cuba. as had been alleged. A
Elaring Inconsistency, continued Mr.
Handlan, was the doctors statement In
his letters OF his weak physical condi-
ton previous to his start from Ger
many, which so impressed his father
that he had two men at the depot, with
various facilities. prepared to receive
an invalid on stretcher. On the con-
trary, their surprise was equal to a
shock, when the doctor hoped OF the
train, husky and strong, with big
overcoat on and carrying a thirty-pound
vallse.
The doctors perpetual motion ma
chine" was gone over. Including the
testimony thereon of Gall Howard. MrS.
Hissom, Lucy Hlssom, witten Hissom
and the doctor. All the witnesses. other
than the doctor. claimed the latter ex-
pected to realize riches from his lnven-
tion. As to the doctors statement that
he didn't carry a revolver after his re-
turn from Germany. Mr.. Handlar ac-.
counted for three all told.
The Revolver Permit.
He also showed that the permit he
obtained from Mayor Butts to carry
revolver by reason Of ''hls being out late
at nights attending his patients" was
dated in June. 1881. month after his
office was closed on account of the
sandrock AFFAIR. HE got that revolver
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