Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-27
ARGUING POINTS
Controversy Arises as TO Admis>
sion of Testimony of Mrs.
Mary Mackin
WIDOW OF JAMES MACKIN
1t Withdrawn Pending Settlement =
Proponents Expected to Close
Case Tomorrow.

Owing to a controversy as to her
competency as a witness in the case,
Mrs. Mary J. Mackin. the second wife
of James Mackin, and stepmother of
| Mrs. Mary Plamondon. Mrs. Sarah Dol
! ly, and the husband of Mrs. Grace
Mackin, she was withdrawn from the
stand this morning, pending the set
Element of the question by the court,
and if the court rules that she is COM
petent she will be examined later. The
proponents are still presenting their
| evidence for the purpose of showing
| that Father Mackin's mind was unbal-
anced. 1t is expected that the case in
support of the will will be closed to-
| morrow. The contestants have a great
bulk of evidence to be introduced, and
the trial will probably continue nearly
two weeks. The case promises to be
come the cause celebre' of the cir
cult court as to the volume of the test
| mony.
Daniel Corken on the stand this
morning, expressed the opinion that
Father Mackin's mind was sound
about the middle of December, 1904,
as it had been before DR.. c. c. Craig
was put on the stand and examined as
to certain symptoms of Father Mack
ms condition. He stated that he
thought that Father Mackin was OF
! sound mind, but that he did not exam
inc the patient closely as to that point,
his examination being mainly for the
purpose of determining physical all
fa1 disturbances
The attorneys this afternoon are ar
guing the legal questions involved in
the admission of the testimony of the
widow of James Mackin.
Laymen Heard.
The testimony presented before the
court yesterday afternoon was that OF
various citizens, neighbors, friends,
and parishioners of Father Mackin, as
to his mental strength, the aim of the
proponents counsel being to prove the
soundness of his mind at time near
the date of the execution of the will.
DR.. c. l.. Silvis. the dentist, was first
put on the stand. He testified to hav-
ing examined Father Mackin's teeth
on various occasions, the last time
about a week or 10 days before Christ
mas, 1904, when he went to the rectory
for the purpose. He said he consid-
cred Father Mackin's mind sound, and
on cross examination that his reason
for believing so was that he had no
ticed nothing abnormal in Father
Mackins condition.
DR.. B. F. Hall, eye and ear specialist
told of meeting Father Mackin at vari-
Gus times while treating Miriam Mack
in. In earlier practice DR.. Hall had
charge of an asylum for the incurable
insane. but lately had given no study
to the subject, and was not posing as
an expert. He said, however, that in
his opinion as an ordinary layman, not
as an expert, he considered Father
Mackin's mind to be sound at the time
he saw him last, No. IS, 1904.
Noticed Nothing Unusual.
j. S. Gilmore, the packing house
man, testified to seeing Father Mackin
frequently, even as late as the middle
of February, 1905. He considered the
priest to be of sound mind. though he
admitted on cross examination that his
attention had not been directed either
to the priests mentality or lack of it,
and that he had merely seen Father
Mackin to pay his respects as an old
friend.
G. Edwin Schmid, manager OF the |
Mueller Lumber cOmpany's local of |
fee, testified to having met Father
Mackin New Years day, 1905, and that |
at that time he saw nothing to indi |
cate unsoundness of the priests mind |