Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-10
hough / had . conversation on the

sA~~1A
subject.
Q.-With whom? A.-With almost
every one / talked with.
.Q.-With him? Ayes.
Q.-What did you say? Al talked
about how the two girls and their two
husbands testified against me. and /
told Uncle Dave how mother wrote to
me to come here from Germany and
how Mrs. Hubbard came up to see me
and always talked against father. at
that time they were bitter against
father.
Odd you not tell your uncle, Da-
vid A. Hissom. in that or any other
conversation. after you came from the
hospital, that your sisters and their
husbands had tried to divide up your
fathers property? A.-No, sir.
Q.-You said nothing to them on
that? A-No, sir. That was a point
they always tried to get me to say
themselves.
Q.-You deny saying anything of
that sort to your Uncle Dave or his
wife? Ayes.
This ended the cross-examination.
Redirect, by Mr.. Smith
Q.-What did your uncle say about
your part in this controversy? A.
Uncle Dave always tried to get me to
settle it out of court; he always said
that it was a horrible thing to sec a
father and son in court. If it had to
go to court he would tell the truth,
and would hurt father.
Off David Hissom would go on the
stand and say what Mrs. Hubbard tried
to make you sey, what would be the
essence of that? objection; sus-
tained.)
Q.-Whom did your uncle favor? A.
He always seemed to favor my father
before he spoke.
doctor, when did you testify in
the suit between your father and your
self? Collection; sustained.)
ON this Court. in the case against
your father. you may state what, if
anything, occurred on December 9Th,
of last year, before the Court in rela-
ton to this suit? objection; Sis
tained.)
doctor, have you a copy of a sub
pena served on you in this case? Job
lection; allowed. Al have one. nut
I believe l left it at home in the desk.
(Witness looked through his pocket
book and produced the paper.)
Q.-Take this paper, and state how
came into your possession? (ObJec-
ton; o~verruled.)
Q.-How did you get it? Alt was
served by a Deputy Sheriff.
Q.-State his name? Ale was a
young man-Mr. Lyle. (The paper
was offered in evidence; objection;
overruled; paper read to the jury. 1t
was a summons dated December 8, to
the following day.
Q.-Now, Doctor, what did you do
that day with reference to that sum
mons? A.-Well, l appeared in Court.
DWELL, what occurred with refer
ence to this matter-if you took any
part? Al was on the stand.
Q.-Who examined you? Al was
by Mr.. Smith and Mr.. Ha4d-
Ian.
Q.-Who examined you first? Al
think you did first. (Smiles of counsel
for d~efense.)
Q.-As a matter of fact, do you recol-
Al think I made an affidavit
first, and was then examined.
Q.-What occurred after that? A
l was asked some questions about how
long I had been in Wheeling.
Q,-What after that? Who asked
the questions? A. - You asked
that last questions; 1 am not positive
who asked the first.
Mr.. Smith then offered the order OF
the Court in evidence.
The Court-That has already been
done.
Mr.. SMITH don't think that has
been done.
Mr.. Howard-It is not in evidence.
The Court-It may be read. (Objec-
ton; oyerruled.) The document show
ed that the defendant had examined
DR.. S. X. Hissom, and that the Court
found plaintiff was a resident of this
State, and refused to require security
for costs.
Q.-Doctor, in your cross-examina-
ton you were asked-in reference to
some questions in regard to you faith
er's conduct, you said you knew of the
stabbing of David Yaeger, by your
father. and that was one of the
things which kept you in mortal dread
of him. Will you tell the jury what
you know of this matter? objection;
sustained.) The court, said Mr.. Hub
bard, didn't ask about it, and the wit
ness gave it by explanation. The
Court said: Il don't think you are en-
titled, because it came in by the wit
ness voluntarily, to go on and ask"
Mr.. Hubbard-Do counsel disclaim it?
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