Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-24

After recess of just one week, part
ly occasioned by the absence of attor-
MES Howard and Hubbard, at Rich
mond, Va, where they argued import
ant cases before the United States Cir
cult Court and partly by the excite
ment incident to the visit IF Admiral
Dewey, the trial of the case of Hissom
v. Hissom, for 100000 damages, was
resumed in the Circuit Court, before
Judge Hervey, yesterday morning. 1t
will be remembered that when Court
adjourned on the 10th, Witten Hissom,
son of defendant and brother OF plain
tiff, was on the stand, and was under
going cross-examination. He was re-
called yesterday, but was only enquir-
cd of briefly, and the additional testi-
mony was not of especial Importance.
He was followed by his sister, Miss
Lucy Hissom, who, among other things,
told of visit of her sister, Mrs. Mel
son, to her parents home. Witness
Blu pldtHLlu On LucL OCCdclOu luIcdI-
ened to kick his sister out of the house
II she did not go away. Witness also
told of the occasion when plaintiff
came home, in February, 1899, at a
very early hour in the morning, and
awakened witness by throwing a stone
against the bedroom window. Wit
ness went down and let the Doctor in.
On entering the house he wished the
cook to get up and prepare I meal for
him, but she refused, saying Mrs. His
som did not allow meals to be cooked
at such unusual hours. The next
morning when plaintiff got up he
laughed and said he had the old man
just where he wanted him." Witness
said when the Doctor came home from
Germany he had great deal to say
about the Dutch" and how glad he
was to get away from them. He would
often indulge in fits of laughter when
there was no occasion for tho hilarity.
Q.-What, if anything, did he say
about his father? Ale said he
could shoot his father, and then put a
revolver in his hand and say it was
done in self-defense. He said he would
have to have two revolvers to do that.
L.
Smith. In reply to an early question
witness said she had talked to her
mother as to what she would testify
to. She thought it was between IL
O'Clock and midnight when the Doctor
awakened them by throwing against
the window. He remained in the din
ing room all night. 1t will be recalled
that the Doctor said, in his examina-
ton, that he got home about o'clock
in the morning, and slept on a lounge
in the dining room because the clothes
had been removed from his bed, it be-
ing an extremely cold night.
Witness said after the Doctor re-
turned from Germany he, his mother
and others of the family talked about
Mr.. Hlssom's property, but she did not
remember that Ella McCurdy was pres
ent, or that Miss McCurdy took the
plaintiff to the laundry because he be-
came i'll.
Q.-You say the doctor had a revolt
yer the time he had your mother write
that she wanted a separation from
your father? Ayes, sir.
Q.-What sort of a weapon was it?
"A revolver.
Q.-Where was the shotgun and the
dueling pistol? Al do not know. He
had only the revolver.
Q.-The day your father came home
from Mrs. Hubbard's, where were you?
ALL up stairs.
Q.-Why were you there? A.-Well.
Sam said he was going to shoot father
and | did not want to be there when
he did it.
Q.-When your father asked your
mother about the paper writing (mean-
ing the paper of separation), what did
your mother say? Al do not re-
member
Q.-Do you not know that your
mother told your father that the paper
spoke for itself? A.-No, they did not
talk
The witness said that when her
rather talked to his wife about the
separation the Doctor was standing at
the head of the stairs with a rifle.
Later witness was asked if she did not
go to Maser's and cry about how badly
they were treating the Doctor but she
said she did not, but later admitted
che had talked with Edith Maser and
others. Witness denied, however, that
she had said she would testify for the
Doctor, nor did she say she would not
go to Court and tell lie on the Doc
tor
The following questions and answers
were important:
Q.-HoW many papers or notes did
your mother write the day the separa-
ton paper was drawn? A-Only one.
Odd you know where your father
went the day your mother wrote the
note about a separation? Al did
not.
Q.-Why, then, did you say he went
to Piedmont, Ohio? Al heard after
that that he went there.
Q.-Do you not know that Sam
threatened to have your father arrest
ed II he did not treat your mother bet
ter, and that was why he went to
Piedmont, Ohio, TO escape the officers?
Al do not know.
Q.-When was the burning of papers
to which you referred; before or after
the Doctors arrest? Al do not
know.
Q.-Where did she get the papers?
A.-Out of the Doctors microscope
box.
Q.-Who opened the box? A.
Mother.
Odd you know that your mother
opened anything else belonging to the
Doctor? Al did not ask bar ohou+