Waterbury evening Democrat., 1908-08-06
IN PROBATE COURT
Witness Testified Truman ].
 Smith Was Insane.

It seems there is going to be the very deuce over the will of the late Truman J. Smith, for it is not only now set forth that he was in- sane when he willed his entire prop erty to Clifford H. Wells, a son Of A. H. Wells, cutting of his three daughters with the valuable sum of $1," but that he had been in sane for some time before he made that document.
 It was so very sultry in the su- perior court room where the hear> ing to prove the will was resumed to-day that everybody but the wo- men and the court peeled off their coats. Attorney c. G. Root of coun- sel for the heirs was perspiring like a dripping fountain while At 1 torney Bronson of counsel for the will looked spick in flannel pants and striped shirt. But he was hot also, while Carmody for the heirs shed some of his Watertown tan on the calf bound tones and Lewis for the will with Bronson dropped his hot sweat on a testimony book.
 The hearing began at 10 o'clock with Judge Lowe on the bench and Elon E. Trimmer, agent for cash register, on the witness stand. An idea of the heat of the contest may be obtained from this; though MT Trimmer went on the stand the mo- ment the hearing was resumed, it was almost II o'clock before word of testimony of any importance was obtained from him on account of the obstructive objections of coun- sel for the will
 Mir Trimmer was tenant of MI Smith in the house on Chestnut ave- nue where he lived with his sister, Miss Mary Lois Smith. He was asked what he thought of MT Smith s actions and speech while he lived in the house and the question was objected to. It then transpired af- ter considerable argument that Mir Trimmer did not come to know MT Smith until about year and a half after he had made his will and 1t was claimed that his testimony as to Mir Smiths state of mind or his actions could have no bearing on his alleged condition when he made the will. Attorney Root claimed the evidence to show that MT Smith was insane for some time both before and after he had made the will and therefore the witness's testimony would have considerable bearing on the mans alleged condition. The question was at length allowed and then Mir Trimmer went on to say that often during the night time MT Smith would disturb the house. He would throw open his room win dows and speak to imaginary peo> pie on the outside. Several times witness saw him in this state of mind. Once MT Smith told him in the night time that two men had a ladder against the house and were trying to get into his room. Mir Zimmer induced him to return to his room upstairs, but soon after he found him on the front veranda speaking to imaginary" people on the other side of the street. whom he said were trying to get into a house. Witness said MT Smith had the reputation of being drinking man also. This concluded his tes- timony, and it was agreed that the four or five doctors who have been summoned shall testify at II o'clock tomorrow.
 Miss Edith Smith. daughter of MT Smith, was the next witness. She testified that she last saw her fa- ther on the forenoon of Saturday, July 4, on the evening of which he died. It was she who had him re- moved from the Chestnut street house to Dr Jackson's sanitarium in Watertown. She fosnd him in the house attended to by George Cor man. His body was considerably swollen and his fingers were black. One day he said to her that he had a paper which he hoped she would l keep but he could not give it to her until he would leave the hospital. This paper, he said would benefit her. He was always anxious for the girls to be with him in the hospital and one day he said to them We've all got to go some time and We are sorry for a great many things we've done but some times were sorry tod