The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-25
ALIENTST TESTFIES
TO FIX TIME OF
%M'CLENN0N'S INSANITY.
Was He Insane When He Gave Sister
His Money! Witness Says eyes"
to Hypothetical Question.

Testimony of relatives and medical at
PENDANTS of the late John H. McClennon,
who died in the South Orange avenue Hos
pital for the Insane October q last, a
short while after his admission. was con-
tinued today before Vice-Chancellor
Howell on the suit of John H. Anderson,
the administrator of the deceased. to re-
cover 81 1890 in cash given to Mary f.
Griffith. a sister, a few dayS before he
was taken to the hospital. Halsey NJ.
Barrett appeared for Mrs. Griffith and
William f. Hampson appeared for Mr..
Anderson and the two nieces of the de-
ceased, Alice NJ Fisher and Ida NJ. Lay
lord.
Mr.. Mcclennon Until September ."
was employed as a clerk in a grocery
store at Montclair Centre. On that day
he was taken Ill and went first to the
nearby home of the Fishers, but later the
same day was removed In a cab to the
Griffith house. in Bloomfield, where he
had long made his home.
1t is charged by the nieces that Mr.. Me-
Clennon was mentally unsoond at the time
he arrived at their house and that When
he gave his sister, three days later, two
blank checks for the s., 200 he had on de-
posit at two banks, his act was an ire
sponslble one. Mrs. Griffith, on the other
hand. contends that her brother was per-
fectly sane until about October 10. when
he was removed from the Mountainside
Hospital to the insane asylum. She con-
tends also that the money was given to
her on the understanding that she would
care for him until he died, and at a time
when there was no physical indication of
mentol incapacity.
DR.. Livingston S. Hinckley. formerly In
charge Of the South Orange avenue institu-
~--T-- Nhla
morning and after a long series Of objec-
tions made by Mr.. Barrett. said in answer
to a hypothetical question propounded by
Mr.. Hampson:
"Confining my answer entirely to the
question, In my opinion such a person was
of unsound mind on September 90
Another long question contained the
essentials OF Mr.. McClennon's condition at
the time of his admission to the asylum
on October II. and when asked what, In
his opinion. was the condition of the sup
posed person, the witness replied;
'He would be insane"
On cross-examination by Mr.. Barrett the
witness said that 1t might be a perfectly
rational act for such a person to make
visits and to transact business.
could such a person make a visit"
asked Mr.. Barrett, land carry on a rea-
sonable conversation with relatives or
other persons with respect to his affairs?"
Yes" replied the witness.
Gould such a person make a gift and
be perfectly rational in such an act?"
asked Mr.. Barrett.
THAT would depend upon the character
of the gift" replied the witness.
do you mean to say that the amount or
value of a gift would have anything to
do with his being rationale"
mot that; / would have to know some
thing of the particular case to form an
opinion"
IT ask an answer to the question, based
OH the supposed case demanded Mr..
Barrett.
The witness finally said such acts cred
tied to insane men We're known.
Mr.. Hampsen raised the point shortly
after Mrs. Griffith began to testify that,
under the statute, the witness was in
competent, to- testify as to any CONVEX
sation with or transactions by the de-
ceased brother. The objection was sus-
tanned by the court, although Mr.. Barrett
commended that, as a matter of fact, the
heirs-at-law had all been called as wit
nesses and had testified as to these very
things, and that they were, In a sense,
Representatives of the deceased In the alb
.sence of the administrator, who had put
In no appearance in court other than to
make formal appearance. These witnesses
ard the evidence given by them, counsel
insisted, met the limitations provided in
the statute.