Daily capital journal. (Salem, Oregon) 1903-1919, 1905-04-11
BUREN
WILL
CASE
Some Points Made by Wit
neSSeS on Both Sides

During the past month case has
been on trial in the county court which
is of more than passing interest to the
people. Yet little concerning the de
tails of the case has crept into the
newspapers, probably for the reason
the matter of taking testimony.
II was done pieee-meal, and lit
tie opportunity was afforded the
newspapers for reporting coherent
story. 1t is learned that, after closing
the general testimony in the case, both
parties in the contest called in expert
testimony, which is always of great in
terest to newspaper readers.
As is well known, Max o. Buren, be.
gan proceedings in the county court
contesting the legality of his father s
will, on the ground that the latter
had been incapacitatcd through dis
ease and the administering of drugs to
transact business nationally. The result
of the contest will hinge almost entirely
upon this one question. The testimony
of the expert witnesses will, no doubt,
be paramount in the conclusion of the
court and for this reason Journal re.
porter has made an effort to round up
some of those witnesses for informa
tion.
The eNceutrix called Messrs George
Griswold, J. p. Frizzell, II. r. Ryan,
John Il. Robertson and others, who tes.
titled that they had known the de.
ceased. A. B. Buren, and, in their opin'
ion, he was good business man, and
possessed all of his faculties up TO the
time they last saw him, during the fall
of the year 1908. Upon objection being
made TO this class of testimony the
court ruled that the testimony ought to
be confined to Mr.. Buren's condition
at the time he signed the will, upon
the ground that any one might be all
right mentally at one period, and alto
gcthcr mentally unsound at later
date
Through Or, Cusick, who has had
many years experience with patients
suffering from nervous diseases, and
who has made life study of mental
phenomena from the medical viewpoint,
il is learned that half dozen prom
nent physicians were placed on the
witness stand. First were the attend
ing physicians Of the late Mr. Bmen,
Drs. Frank ~ Smith and j. n. Smith.
The former testified that he had treated
Mr.. Buren, during the last year of his
life as attending physician, The pa
ticnt was suffering from lOeomotor
ataNia, and his ease was considered in
durable. HE gradually grew worse,
and at times was childish. During the
last few weeks Of his life he was con
aned TO his room. pr. Smith called
twice day, and the remedies given
WIZ NANiAf htNN ifAA"N "NN NAN"AtNNf %@+'
Smith testified that the patient was
given morphine in quarter grain doses
every thrce hours, and during the last
week Of has illness az which time the
will in question was made, the same
dose was administered every two
hours DIR. Smith admitted on the wit
ness stand that, as a result, his patient
was In astupor or semi-eomatose eendi'
tion, and that IL required no little ef'
fort to arouse him in order 70 admins
ter the medicine.
Or. J. N. Smith was called in as con
salsing physician the evening before
the viii was made, and testified that be
found Mr. Buren talking In an ineoher-
eat manner, Both these physicians
were Of the opinion THAI Mr., Buren was