The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-12-18

Ing argument for the plaintiff was made
by Mr.. Charles ]. Schuck. whose speech
was not concluded until g O'clock. He
mnde an elaborate argument and scored
the. elder Hlssom with the greatest Sc
verify. 8 6 Z : M
Mr.. schuck's Appeal.
Mr.. schuck spoke dramatically Of the
failure OF any member 4of the Hissom
family to visit and console with Sam
when he was in jail on the charge Of
insanity. Even the boys mother stay
ed snugly at home, declined to send
him his clothes, and said: "Let. him
look shabby and crazy. The speaker
next took up the successive steps In the
Hlssom trouble, concluding with the
order Of dismissal Issued by Judge Bliz-
Zard. declaring the young man not in
| sane. He claimed damages because
the arrest was made without due cause
| and with malice; a suit for damages
was the only recourse the plaintiff had
against his father for the wrong done
| him. There can be no question about
the arest or the final determination OF
the case. The matters to be determined
are probable cause and malice afore-
thought. AS to probable cause, the
speaker claimed It was clearly not
shown In this case. Want OF probable
cause Is shown by q tpreponderance OF
the evidence. The lack OF probable
cause Is shown by the dealings of J. r.
Hlssom with his sonaimmedIately be-
fore the arrest Would he have desired
to enter into a written agreement. with
| an insane man for him to 60 south?
Would he have desired an Insane man
to attend to the funeral OF n member
Of the family? ii. n
The Expert Witnesses.
AS to the testimony Of the expert or
professional witnesses In this case, It Is,
as DR.. Wilson has said, a question OF
fact and that is for the Jury to deter
mine. If there was any eavesdropping
| by the doctor, as alleged. II was for the
purpose of seeing that the father was
| not abusing the mother The doctor
| never claimed to have invented "a per-
petual motion machine; he merely said
| he had n machine such as he had seen
| In Germany, and when the machine was
| brought here he showed II was capable
| Of doing just what he had claimed for
1t. If DR.. Hissom wGC insane do you
| suppose he could have sat here through
that arra!enment by Mr.. Howard with
out sign OF the emotion that would
| be expected from nearly any man. If
he was so violently insane as they
to some one during the last four
months
| There Is the talk OF the division of
the property, and Mr.. Howard said n
| question on that point to the plaintiff
would show he was insane. The qucs-
tlon was put. and the plaintiff prompt
ly denied he had any right or interest
in the property-he had no delusion on
that or any other subject. Would an in
SANG man have refused to take money
when the opportunity oifered?
AS to the trouble With the girl on the
Island. the speaker said there was no
connection with this case--it occurred
years before. before he went to Ger
many. In fact. ss
]. R. Hissom's Reputation.
He did not believe the doctors attack
on his fathers reputation was frultless,
as Mr.. Howard hnd clalmed. Who tes-
titled In support Of that reputation?
Almost without exception relatives Off.
| r. Hissom, or relatives by marriage.
| He proceeded to dlesact and tear to
| pieces the evidence of those who testi-
\ flcd In favor of-J. J.TR. Hissom,f ms to his
reputation What did Judge briggs
say? Hc said he would not belieyefJ.
r. HissGm under oath. Judga briggs
had heard people from Monroe county
discuss j.. r. Hlssom's reputation ad-
versely. I believe you.will agree with
me that ]. r. HissUm could not then
and cannot now be relied upon TO tell
the truth. @
Summing up the case. Mr.. Schucls
said he wanted the jury tp take the
facts in the case and do what they
think is conscientiously right. Find out
who Is right and who is wrong. More
| credence should be given to those wit
nesses who are not directly interested
| II you do that we have no fear. Mr..
Howard calls Robert McNichol n black
mailer. There was time when John
a. Howard and Robert T. McNlchol
stood shoulder TO shoulder in this coun-
ty fighting criminals. II Mr.. Howard
really believes Mr.. McNichol Is q
blackmailer he would have found II out
long before the HIssom case was heard
OF. Robert McNichol has no interest in
this case-he has no motive for the tell
ing OF single untruth.
Blackened and Damned.
No matter what this jury may do.
DR.. S. X. Hissom's reputation is black
ened and damnedl forever. He VIII
have to go far from this state, where
he is not known.
We have shown that he Is entitled Ia
u verdict. Recompense him for months
Of anguish, for the weeks OF imprison-
ment. and the people will rise and say,
We'll done. good and faithful SER
wants" Make this verdict warning
TO other parents. m example to the liv-
ing world.
Mr.. Schuck closed Mt o'clock. after
which the jury was instructed, the In
struct!ons for the plaintiff being read
by Mr.. Smith. Those for the defense
were read by Mr.. Haudlnn. The read
Ing of the Instructions was finished at
$50 o'clock.
Addressing the jury, Judge Hervey
sadi:
"Gcntlemcn Of the jury-If you ind
for the plaintiff the form OF your YER
Gict will be: we, the jury: find for the
plaintiff and assess his damages at
S--------.' II you ind for the de-
rcndant the form OF the verdict will be:
we. the jury, find for the defendant
At 5:25 the jury. retired.
| I-H --e-c-s----