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

overcoat and went down 10 SistersyilIe
to attend the funeral Of his niece?
The writing on the margin Of
newspaper alleged to be that of the
defendant. was referred to. Mr. Hub
bard told the Jurors that they were
able to judge of the resemblance to
the handwriting Of j. R. Hissom. Mr..
Handlan declared this to be manufac-
tured evidence. Mr.. Hubbard argued
that there was no reason for manufac-
turing it, at time when the trial was
| not even thought of.
The fact of Margaret wharton's
commitment to the asylum, was offered
by the defense as showing the proba-
Bile cause of Incredibly. What was
developed in the case along this line
was not her insanity, but merely her
commitment. She had gone about for
years in her wild. insane fashion,
harming nobody. Strangely enough,
somebody found it important to incar-
cerate this harmless woman in the asy-
lum. Mr.. Hubbard characterized it
as silly to advance the argument that
j. r. Hissom thought his son was in
sane because Margaret Wharton was
insane. His wife was one degree
nearer Margaret Wharton, would j. R.
Hissom consider that fact to constitute
probable cause, to justify the arrest of
his wife for insanity.
The mania of invention had been
spoken of-the perpetual motion ma
chine. 1t had been shown on the wit
ness stand that DR.. Hissom didn't
claim perpetual motion for his in
vention.
Mr.. Howard stated in his opening
argument that the doctor is insane
now, and offered to demonstrate it If
he took the stand. He was placed on
the stand. If he is a monomaninac.
the instant you approach him on this
deluslon, he'll go of. Mr.. Howard
approached him for two DAYS. and he
didn't go off, DR.. Guthrie. the ex-
pert, testified in the little duet he had
prepared for himself and Mr.. Howard,
that monomanic could not be cured,
except by treatment in an asylum. He
wasn't treated in an asylum, and there
fore is not cured. 1t is therefore
demonstrated on DR.. Guthrie's au-
thority, applied in the cross-examina-
ton of Mr.. Howard, that there was
no probable cause. To say he was
sane at the time OF his arrest, sane
when released by order of Judge Biz
zard, and insane the next day, isn't
even respectable nonsense.
Mr.. Hubbard next argued briefly the
point of malice on the part of J. r.
Hissom, declaring it TO be most Tex
press. wilful and diabolicaP' malice
for ]. r. Hissom to have his son con-
fined in cell, knowing him to have a
lung disease. When he visited the
doctor, and found him in the Jail Of
fee, he actually complained to Mr. Nc
Cormick that the boy was permitted
to stay in a place where there re-
manned to him the hope of life.
Mr.. Hubbard took up the PROPOSE
ton made by ]. R. Hissom to his son
in the Jail. He said it had been
shown that the offer to submit the
matter to three expert physicians was
really an offer to allow the doctor to
select but one of the three. If the
three were to declare the plaintiff in
sane, he would go to the asylum. Il
not, the defendant would give bonH
for his son, who would be Released
bond which was conditional upon his
restraining the supposed lunatic, the
alternative being his delivery again
into the custody of the sheriff. 1t
was "heads l win, tails you lose" Was
there not malice? Was not sinis-
ter motive in this bargain?
In closing Mr. Hubbard spoke of the
amount of damage the jury should
award the plaintiff, and ridiculed the
idea that the defendant is worth only
$4,000. What became of the rest?
We detected $4,000 in the very act of
fitting. He concluded that the jury
should award damages in the sum of
100000.
The instructions to the jury were
read by Mr.. Hubbard and Mr.. How
ard. They were very lengthy, the
reading occupying not less than half
an hour. When the instructions were
handed to the foreman it was $40
o'clock. and the jury retired to DELHI
crate upon its verdict.