Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-11-08
ARGUES DISEASE
M. M. Sturgeon Contends Testi
mony for Proponents Proves
Contestants Theory
OF MENTAL UNSOUNDNESs
Mackin Will Case Adjourned for Day
on Account of illness of judge
Speaks of First Will.

Judge w. ii. GeSt was somewhat in
disposed today. and as a result Tho
hearing of the arguments in the Mack
in will case in the circuit court wa,
continued until tomorrow morning al
8 o'clock.
NJ. NJ Sturgeon addressed the iury
today for the contestants in the CLOSING
arguments of the case. Mr.. Sturgeon
spent all of the morning in his argu
ment, and had not concluded when the
court adjourned. His argument was on
the medical phase of the case and was
intended TO convince the Jury that
the medical testimony of the pro
ponentS as well as of the contest
ants went to sustain the theory of the
contestants that perniciOus anaemia af-
fCcts the mentality. He contended that
the testimony of DIR. Evans in regard
TO his tests of Father Mackin's blood
and the tests of DR.. Stocks of Day
export, both employed by the propo
nents, were strong proof in support of
the theory. He declared that the test
made by DR. Evans showed Father
Mackin's blood to be so impoverished
that the proponents attorneys did not
dare to ask the physician on the stand
just what the test was. His argument
during the greater part of the morning
was along this line, and he dwelt com
paratively briefly on the other points
of the case.
Speaks of First VIII
In his argument yesterday. S. r.
kenworthy. speaking for the contest
ants, presented in closing. a new phase
of the case. He spoke at length on
the incompletencss of the testimony
offered by the proponents. and the
things the proponents had not entered
into in the examination of witnesses.
He referred to the fact that many wit
nesses had been called who had on va
riOus occasions called at the rectory.
and that Father Roach and Father Kel-
ly, who were there nearly all the time,
had not been called. He mentioned
others who were familiar with the cir
who had not been sum
mOned
Mr.. Kenworthy then brought up the
failure of the proponents to attempt to
prove the first will of Father Mackin
This, will was followed by the one now
being contested, and Witnesses said
that in making this last one Father
Mackin explained that Mr. McEniry
had found another piece of land in Ne
braska." Mr.. Kenworthy cndeavOred
to give the impression that an exam
nation of the will would show that
this was not the real reason for max
ing the will not in contest. The first will
may possibly be offered in evidence yet.
will may possibly be offered yet
though this is not probable 1t was
exhibited by Mr. McEniry, but it's con
tents do not enter into the arguments.
since it has not been presented in evil
ience and there is no proof before thci
Jury regarding it.
To Jury Saturday.
From present indications the case, |
which has become noted on account of
he many weeks consumed in the trial. |
and the great amount of evidence pre-
5ented. will be given TO the jury SatuI-
lay morning. Mr.. Jackson will make |
he closing argument for the propo, |
lents, and J. T. Kenworthy is yet to
De heard in argument for the contest |
ants. There seems little possibility |
hat the court will instruct the jury to- |
morrow