The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-04
FIRST WITNESSES HEARD
PROCEEDINGS IN THE MOSES r.
CHASE CASE AT FOWLER.
DIR. Mavftz, of Fowler Declares Boy To
Judge Rabb sums Up the Points.

Special to the indianapolis Journal
LAFAYETTE. Ind. June a-"There are
only two Issues In thi. case. the first OF
which Is the insanity of Moses Fowler Chase
at the time OF the filing OF the petition. and
the residence of the respondent. The bur-
den Of proof of the first will fall upon the
petitioner His residence will be assumed
to be in Lafayette. and the burden Of proof
to the contrary will fall upon the attorneys
for the respondent"
In these words Judge Rabb. in court at
Fowler this morning. stated what he
thought were the issues OF the Chase case
which he would expect 20 figure In the
trial. Attorney Dan Simms. for Freder-
lex S. Chase. father Of the demented youth.
asked long hypothetical question of DR..
Cook. of Fowler, TO which Mr.. Haywood.
counsel for the Duhmes. objected.
The sensation of the mornings proceed
ings was the introduction by the Chase side
of a paper. upon which was written: Moses
Fowler Chase. l55 South street. Lafayette"
The signature was obtained by DR.. Cook.
of Fowler. when he examined the boy a few
days ago. The number is that Of the old
house on South street, now numbered SIS.
but when Chase lived there IL was No. l5s.
Another paper was introduced by DR.. z. c.
Davidson. the Lafayette expert on mental
diseases. During the examination he asked
Moses Fowler Chase TO sign a check for
100000 which the boy did in a large scrawl.
ing hand. Moses was perfectly legible. but
the remainder. except the first two letters
of Chase, were not. The jury scanned
the note curiously. Various conversations
with the boy were described by DR.. David
son, and they showed characteristic sides
OF his life.
Dr. Cook was the first witness this morn
ing, and his testimony dealt with the ex-
animation of Moses Fowler Chase when he
arrived in Fowler. DR.. Neighbor. also OF
Fowler, examined young Chase on the train,
and his testimony showed a lack OF will or
reasoning power on the part OF the boy.
DR.. Everett Mavitz. of Fowler. was also
put on the stand. He examined the boy last
week in the office Of Frazier & Isham. OF
and the latter replied; Eighteen: ! was
born in 1855" How old are you?" asked
DR.. Mavitz a few moments later. Twenty
The boy further stated that the extent OF
his possessions was four acres OF land in
Fowler that his father was doctor in La
fayette, and that he had not seen him In
two years. DR.. Mavitz said the father had
left the room not more than two minutes
before.
Doctor" said Mr.. Frazer. of the Chase
is insane?"
He is" replied the doctor
attorneys
ness. but nothing important developed. DR..
z. c. Davidson, Of this city, then took the
stand. He told of his first examination OF
Moses Fowler Chase, in April OF this year,
and of subsequent examinations. He told
in detail OF examinations at the hospital.
He said he pricked the boy with pin.
which had no effect whatever; stripped him
and examined every portion OF his body.
In describing the result DIR. Davidson said
he found in the head there were certain de-
pressions; that In certain diameters the
insymmetrical; that the brain cavity was
below normal; that the ears were not SIM
liar, showing the presence OF stigma OF de-
generation. He said, in answer to ques-
ton. that on examination he found evidence
of degeneration in the boy. both mentally
and physically.
After DR.: Davidson left the stand, at II 30
this morning. the court ruled 70 exclude
further expert testimony, and at Has Fred
erick s. Chase took the stand and told his
story. From the birth Of Moses Fowler
when he arrived at his majority, the ami
versary OF which Is tomorrow, the father
described every feature In detail, and told
going to Flint, Mich, OF his departure from
the sanitarium there. and described the al
legged kidnapping of the boy at Detroit. His
description of the manner in which the
Duhmes disappeared with Moses Fowler
Chase made a deep impression In the court
room.
The elder Chase was on the witness
stand from II AS until 3lo in the afternoon
and during that time there was steady
flow &C objections TO his testimony by the
Duhme attorneys. especially when he as
serted that his son was kidnapped by Mr..
and Mrs. Duhme, aided by Attorney A. l..
Kumier and others at Detroit. He then
went on to tell how the conspiracy was
formed and how he was kept from his boy
until the youth was spirited away. Reply
ing TO one objection Attorney Addison c.
Harris of the Chase side, stated that under
the law there was no question that. before
reaching majority, a child's residence was
with his parents and that IL at the time OF
attaining his majority the child was nom
compos. the residence remained with its
parents. Judge Rabb then made an i'm
portant statement, saying:
THAT is my understanding OF the law.
and shall SO instruct the jury, unless my
view of the law Is changed by argument"
This means that II the f. Chase attor-
neys can prove that young Chase was OF
unsound mind when he arrived at the age
of twenty-one, the court will instruct that
the father should be named guardian
William Haas, nurse at the Flint. Mich,
sanatorium. where young Chase was under
treatment from September. 1sss, until June.
1899, then took the stand. He said that
while at the sanatorium Chase was un-
doubtedly insane and that also, after his
n