Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1903-05-02
COMMISSION IN LUAACY
Mental Condition of Gottleib Fuss
Was Inquired Into.
CASES DISPOSED OF MONDAY
Circuit Court Resumes Session After Recess
Since Fdday-Minor Court
Notes.

Notes.
The April term of the Circuit Court
was resumed Monday morning after q
recess since Friday noon. The follow
ing civil cases were disposed of La
the action of George ID. Smith, Hen
rietta Smith aud Samaei S. Smith
against the administrator of the estate
of r.. Nelson Wisner. judgement was
rendered for each plaintiff for $50 and
costs.
The case Of Annie A. Bishoff against
@. Ii. REYNOLDS was dismissed at the
cost Of the plaintiff, she having failed
to give security for costs.
In the case OF Jacob Stern against
w. G. Leonard rule was awarded re-
quiring the APPELLANT to prosecute his
appeal.
In the action OF II. H. Stewart
against ID. l.. Stewart and others. a
decree was entered for the sale of the
real estate involved.
A case which presents some unusual
features is occupied the attention
sof Judge Faulkner in the Circuit Court.
tGottlieb Foss is an old man who re
sides near Hedgesville and il seems
that he is possessed of property and
cash to the value of about IS, 900. 1t
is claimed bv some of his relatives
that the old man is physically and
.mentally incapable of attending to
his business affairs. and thew some
time ago applied for a commission in
lunacv to determine whether he should
be provided with some person to man
age things for him. or whether he
should be permitted to continue as his
sOwn
The hearing of the testimony was
commenced Monday and occupied
the attention of the court during the
entire day. q number OF witnesses who
know the old man Offering their evil
dence. Those who applied for the COM
old man is not capable of attending to
his affairs, while several witnes SEES
were in PRODUCED to combat this testi-
mony. The evidence offered tended
to show that advancing age has robbed
the old man of much of his native
shrewdness and left him in such men,
tai condition as to be imposed upon:
that he, of course, is growing more
feeble and forgetful with the year,
aud that he has developed some Pc
culiarities which indicate mental
weakness. 1t is not thought that the
old man is insane. 1t is admitted that
he never was a person of unusual men
tai force, but it is commended that he
has a certain cunning in money mat
tiers which prevents him from making
bad Investments. Mr.. Fuss is aged rs
years, and is a veteran of the Civil
war, his chief source of income being
a pension from the government.
He has succeeded in the last quar-
ter of a century in amassing a snug
little sum. and his relatives seem to
be afraid that the old man by reason
of the feebleness of advancing years
and the disability resulting from
wounds received in the war, and in
subsequent accidents. will abandon
that frugality which enabled him to
accumulate his property. Nothing was
shown to indicate that the old man is
insane. but much was offered to indi-
cate that it might be well for him
were he to be relieved of the care OF
managing affairs which must now press
heavily upon his declining strength.
The evidences were not all Monday,
ing, and at the conclusion of the tes-
timony the court determined whether
the prayer is to be granted or not.
POTJ(1E COITRp