Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-08


Another strong point made By Mr..
Howard was his assertion that as to
material and important matters, there
was but one witness c0rroborating
plaintiff, while nine were against him.
The evidence of each Of these witnesses
was reviewed and weighed. When
Carrie Maser was reached, in this sum-
mary, Mr.. Howard called the attention
of the jurors to her marriage to plain
tiff's since the suit was brought, in the
office Of S. G. Smith, by a minister
whose name she could not remember,
and whose marriage certificate her
brother said he had never seen, and
the speaker was persuaded this mar
riage had some mysterious bearing up
on the case, he did not know just what.
The force and effect of the decision
by Judge Blizzard was fully explained,
the speaker showing that the Judge
had simply decided plaintiff was not
insane when he came before him, five
weeks after his committal to the asy-
lum. Judge PAUL had decided the evil
dence before him was sufficient to send
the defendant before an examining
board, and that fact ought to weigh
heavily as showing probable cause
Picking up the wrapper containing the
papers in the case in Judge Paulls
Court, Mr.. Howard held it up before
the jury and said: You cannot give
verdict in this case until you erase
from this paper the endorsement: En-
teri. R. PAUL."
The proceedings before the State ex-
aiming board were exhaustively con-
sidered, and the fact that they decided
be should become patient in the hos
pital was dwelt upon. They found
him insane, as did Justice Greer, after
a full examination, and the only con-
trary finding was the one-sided deci-
sion by Judge Blizzard, five weeks af-
terward, when it is possible he was
cured. There is no proof of malice in
the case, for full and frank state
ment had been made by S. K. Hissom
to his attorney, and he advised the ar
rest, and like statement brought the
same advice from DR.. Myers. There
was no motive for the arrest of DR..
Hissom except proper one"
Mr.. Howard defended the attacks
made upon James w. Ewing and Dr.
E. c. Myers, and said their characters
and standing could not be assailed ex-
the chastity of his mother. DR.. Guth-
RE, the speaker said, had also been
viciously attacked in the same way
and the insinuation, if not the direct
charge, had been made that the Doctor
was willing to testify either way for
pay. This insinuation was vigorously
refuted.
Mr.. Howard at 11:45 o'clock, having
concluded mastery review of his
case, proceeded to sum up his argument
in careful and earnest way, and said
the jury could not do kinder thing to
the plaintiff than cure him of the law
habit and send him out of the law
business, for he can never get down to
business-he never can do anything fol-
himself-until he gets away from that
table and out from under the cloaks of
his lawyers and back in the family
circle. Give him a verdict of $40 and
he will bring ten other law suits" Any
verdict whatever would be an indict-
ment of James w. Ewing and DR..
Meyers, and DR.. Guthrie and the exam
lining board, and above all, of an hon
orable judge of this Court. He beg
ged the jury to put themselves in S.
K. Hissom's place when they retired
to consider, and to bring in their find
ing as a result of consideration of
the facts from that standpoint
Mr.. Howard's close was very earn
est and effective one, he making an
appeal to every individual member to
remember the effect of any verdict
whatever upon the father, mother and
family, and strongly impressed them
with the Importance of proper dis
charge of their duties. He closed
few minutes after noon, and Court adj
journed until o'clock