Waterbury Democrat., 1902-04-26
TIE WITNESS DANCED
Tn Describing How D. L, Chip
 man used to Act.

Attorney Williams-This Witness
 Claimed the Dead Man Was of Un-
 sound Mind and Did Not Have
 Mental Capacity of q Fourteen
 Year Old Boy.
 In the superior court room today the continued hearing on the contested
 will of the late Daniel l.. Chipman was
 taken up for the third time There
 were quite number of partie.' present to-day who are interested in the pro- ceedings by their possessing leases from MT Chipman. The first witness
 was Henry Chipman, one of the
 nephews, who were cut off by the will.
 He was a very willing witness and
 quite descriptive also. He told of the
 day teStator was cutting hay in the twelye-acre lot which was
 described by MT Burr toward the close
 of the last days hearing. He was also
 quite descriptive regarding teStatOr'S s
 dances and songs. He was asked to
 describe more accurately these songs and dances, whereupon witness got down out of the witness box and start ed to dance in circle, Indian fashion, accompanying each step with a cry that sounded like Cooper and Dang' Around and around the witness circled
 his legs going up and down like the legs of short man on a bicycle with long pedals too long for him, his arms keeping time and he crying Cooper dang" Cooper dang" Witness seemed to enjoy the exhibition, at all events it appeared to be appreciated by the audience. It was certainly the Strang- est scene ever witnessed in the super for court room. Colonel Burpee tried to get the witness to tell how testator got his property, but MT Williams blocked him at every turn. Tn wit ness opinion testator did not have the mental capacity of boy of 19 years; was not sure if he had that of boy of IA years. Witness managed to get in that testator got most of his property from his uncle, Sherman Chipman, who died in 1860. He got the Brook street property for $1,OO0. About ten years ago te tator's mind first began to weaken. He thought MT Chipman's homestead and farm was worth about $40,O0O The farm consisted of about 100 acres but short time before his death he sold 60 acres of it.
 When AIr. Williams took witness in charge there was a sharp interchange of wit, in which MT Williams did not to admit there were some other feat ures to the dance, but witness would not say so. If there were be did not know of them. Tn his direct examina- tion witness said he had been gather ing ammunition" Mir Williams tried to get him to explain what he meant, but all he would say was that he had not got fairly started yet in his gather ing; that he knew the hearing will not be the final one; that he was well aware the lawyers would get some of it, meaning the property in contention, and that when the final trial comes he will be prepared for it.
 There were three or four occasions on which witness particularly observ- ed that testator's mind was unsound. One was when witness sold some stan chions to him. He came six times to pay for them. The second was the sale of a quantity of milk. Witness said the price was 21 cents and testator thought it was 27 cents. The third oc- casion consisted of fear that burg lars would steal his horse and the fourth was his marriage. Witness said testator was mentally incapable when he married, though he often said he had the best wife in the town. Tn general way testator was unsound He said he could easily be cheated at any tine during the past ten years. As an instance of this he said that if any one drew up note for him to sign he would sign it without reading it. Yet the only grounds wit ness had for sp ch statement was that he always accepted witness notes without reading them.
 Thomas H. Hayes was the next wit ness. He testified that about thirty years ago he first began business with MT Chipman. He has leased from MT Chipman. fronting on East Main and Brook streets. MT Chipman always collected his rent. He never got receipt from MT Chip man, always paying him in checks. Two leases held by witness to the were put in as evidence. The first was for ten years, and the second, the one existing, for twenty years. According to the first one witness paid part of the taxes, and according to the second he built the present brick buildings and pays all the taxes. MT Chipman never ex- pended a penny on this property dur ing witness occupancy. Witness could not recall how much the build ings cost him; he did not keep an ac- count of it. He does not keep an ac- count of his helps work, but pays them once a week regularly. Tn his cross-examination witness said that prior to short time before MT Chip mans death he seemed to be as men tally strong as the average man. When witness took the property it was in a tottering condition and one day some time before the ten years lease expired he said to MT Chipman that either of them would have to do with it. Witness then suggested that he be given twenty years lease and he would erect a brick building and MT Chipman con- sented, providing witness would also pay the taxes. In opinion of wit ness MT Chipman could not be easily influenced. On the contrary, it was difficult to make him agree to many things.
 Mark S. Chipman was the next wit ness. MT Chipman was nephew of testator. He was always very ac-