Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-12-12

talk with counsel IN the morning, and
SAID he was willing to leave the Ques-
ton of fee for expert testimony to The
count. He Gidm:dssd that ne had claim
ed attendance against both plaintiff
and defendant in the last trial.
To Mr.. Howard witness said Mr..
Smith insisted upon Dr. Guthrie tes-
tsfJdng as an expert, witness telling
him that his evidence could not be Ia
Torable to the plaintiffs side of the
case. Smith insisted and sent $50 in a
letter to witness. The letter was pro-
dueed. and read to ule jury. Witness
said an individual would be regarded
with more suspicion if there was faint
Of insanity in the fam1iy. MargareS
Wharton, victim of delusional insan-
sty, is now patient in the asylum al
Srsncer. Mr.. Schuek asked:
Are you not the person who advis-
eu, in the presence OF myself and
others, TO bring a damage suit against
] r. HissOm?"
IL might have said that il the things
you said were true, il would furnianr
ground for an action for damages
Didn't you advise bringing a suit
fol- a heavy AMOUR? Did you suggest
s1O0,OOC?"
Il have no recollection of that.
"Will you say you didn't say IL"
mo, but nave no recollection of it"
Doctor, didn't you demand of Mr..
Smith fee of 500 for testifying for
the plaintiff, and fee contingent upon
his recovery Of damages?"
Il never demanded a contingent fee.
| said something in sarcastic way to
Mr.. Smith, but he failed to so under
stand it. He said he expected to get
$4,000 out of The case, and | said that
he could then well afford to pay me
more than $780,"
DR.. Wilson. practicing physician
for three years, with two years expert
ence at the Spencer asylum, was next
placed upon the stand. He testified
that he saw and conversed with DR..
Hissom nearly every day. The doctor
told witness he was afraid to go TO
Attorney Ewing's Office, as he feared
they would take undue advantage OF
him; and spirit him away TO sani-
tarium or asylum. DR.. Hissom also
talked about his fathers property, say
ing he did not think he was capable
OF taking care of it. DR.. Hissom also
told witness that his mother had been
improperly intimate before her mar
riage, with a man now living in Ken
lucky, and that J. R. Hissom had sent
a detective there to get the testimony
for use in divorce proceedings against
his wife He also told witness that his
father tried to induce Dr.. Stathers to
take him to the Weston asylum, and
there to give him a drug to impair his
mind. Witness said DR.. Hlssom had
high strung nervous disposition.
Mr.. Howard then propounded long
hypothetical question, containing all
the facts claimed by the defense.
Mr.. Schuck asked Dr. Wilson if he
ever believed Dr.. Hissom to be insane.
He said his opinion rested upon ques-
ton of fact. If the facts were as stated
by MI. Howard, he regarded him as
insane; if they were not true, he was
sane. There was very little in the talk
or conduct at Spencer to lead him to
believe DR.. Hissom to be insane. Wit
ness and DR.. Hissom went out on hunt
ing and fishing expeditions. DR.. His
som had no firearms. They went out
on the State farm together several
times. He was always in doubt about
the doctors insanity.
Court adjourned when the cross-ex-
animation of DR.. Wilson was con-
Guided.