The Montgomery advertiser., 1903-01-17
TRIAL OF MIR. LOWE
TECHNICAL EVIDENCE AS TO
 SOLICITORS REFLECTION.
Before Supreme Court Doctors Dis agreed as to Effect of Aphasia. Attorneys Given Time to
 Prepare Brief.

The taking of testimony in the ini- peaehment proceedings brought by Att torney General Charles G. Brown against Richard H. Lowe, Solicitor for the Eighth Judicial Circuit, in which 1t is charged that the defendants mental con- dition Is such as to incapacitate him for the discharge of his duties, was con- cluded before the Alabama Supreme Court yesterday,
 The attorneys for the defendant were J. c, Eyster of Decatur and Sterling A. Wood of Birmingham.
 Solicitor Lowe, 1t is said. has for three years suffered from a trouble technically known as aphasia, which manifests itself in an inability at times to control speech, 1t ia claimed that the solicitor, aware of his tpcapacity for the duties of his office, has for some time employed an attorney to act in his stead, he meanwhile con tinuing to draw the salary allowed for that office- The purpose of the present action ia to remove him from office.
 The testimony presented yesterday was for the most part technical in character, and was for the purpose of determining whether the condition of the defenaant' was such as to disqualffy him and war rant hisgEemoval from ofiAceroF whethsFs on the other hand, there was any proba- bility that the functional disorder might disappear.
 A number of physicians were summoned as witnesses, among them Dr. J. l.. Dar- win of Huntsville, who had personally attended She defendant, and three Mont gomery physicians. Hon. John H. Wal lace ex-Representative from Madison County. was also witness.
 Dr. Darwin held that the impairment of the defendants mental faculties was not permanent in character; that 1t manifest cd Itself only at times of undue excite ment; that his condition the past few months showed marked improvement, and thai he had hopes of the Solicitors ulti- mate recovery. Dr. Darwin testified that for weeks at a time the defendant ap- peared to be in a normal condition and that his periods of disability were of less frequent occurrence now than a year ago.
 A less hopeful view of the situation was taken by the other physicians. who substantially concurred in the belief that the patient could not possibly recover fully hls mental faculties. A lesion of the brain, they held, to which the symp-' tom known as aphasia was due, which symptom had manifested itself during period of three years, had of necessity left a permanent structural arrangement in a certain area of the brain matter which no known remedial measure could
 Reference was made to well known medical writers in support of their con- tention, which generally tended to show that in eases such as the one under con- sideratiou the probability of recovery of the normal mental functions was small
 MT. Wallace testified that in different occasions he had spent an entire day hunting with Mir. Lowe without noticing any signs of aphasia; that constant im- provement in his conultion was evident; that the impeachment proceedings brought against him had tended to ag- Rrsvate his disorder, but that on the whole he appeared to be entirely normal inc greater part of the time.
 The attorneys for the defense were oIveis A week in which to prepare brief and the court adjourned until Monday.