The Cairo bulletin., 1908-10-23
many TESTIFY
IN WILL CONTEST
DEFENSE IN HERBERT CASE
CLOSES THIS MORNING
CONTESTANTS BEGIN.
SOME GREAT SURPRISES
6 ven Plaintiffs Yesterday--St Louis
Court Record Shows Contestant
IN Bad Liqht-Repri-
manded BY Judge,

Yesterday in the circuit court the
Herbert will case was still on trial
the defense Introducing many wit
nessas To show that deceased was Of
sound mind and competent to draw
Lhe VIII which is being contested. II
appears that in cases Of this nature
the rule of procedure is reverse of
what 1t is in criminal cases--the de-
| Tense, or prepayment being called
upon to ppresent its case first, hav-
| ing the opening and closing argu.
ments. | deyolyes upon them to es.
| tablish the viii which is being con
tested, not only by proving that it
was the document drawn and signed
by deceased, but that he was COM
petent to execute ii at the time In
the bill filed by the plaintiffs they al
legged that deceased was mentally in
competent TO execute will, but 1t
seems that this position has been
abandoned. and it is now claimed
Gnat he was irresponsible only with re
spect 10 his son, the contestant What
evidence the plaintiffs have to prove
this remains 10 be seen and will be |
looked for with much interest; but |
rbe great mass Of evidence presented |
by tine defense seems to leave little
ground 10 believe that the deceased !
was insane seneGally or on the |
subject OF his son. Witnesses to the
number of two score have testified /
70 many transactions involving I
in .
during the wear when the will was
drawn, all tending to show a clear,
vigorous mind: and some testified
that when speaking of his son the
he did not speak in an
angry tone or voice any undue ex
element or temper The witnesses
who testified Yesterday We're Casper
Kusener. Tom Calvin, Patrick Nc
Namara John II Robinson, Conrad
Alba. p. Mahcney, VIM McHala, John
F Rector. Sidney b. Miller w II.
Wood, Henry Smith Candee J. NJ.
iuion Ellis T., Cox, Chas. S Carey. |
r. G Fahr. =. r. Depauu, Thos. W.
Frank E. Davis, f L. Gil
bert, Or. Gordon, J. S. Aisthorpe.
Alex. NJ. Wilson, Hal r. Aisthorpe.
Sol Farnbaker. Norton Renfro, J. w.
Wenger
Messrs Miller and Rector testified
hat deceased had been their bonds
nan in official positions which they
held under the federal government
Dr. Gordon stated that deceased was
afflicted with asthma aud other
physical ailments which did not in ]
NY way affect his mind.
The Former viii.
An important witness was J. w.
Nenger who was one of the signefs
If the former win executed on Feb. II
o. 1894 Mr. Weuger Identified his
ignature 10 the document, also the
ignaturr Of Herman Meyers. the r,
,ther witness. now dead. This will
.sposes Of the property in the same f.,
ianner as does the will now a sub
ect OF contest. emitting all mention
II the contestant, Ben Herbert.
The important point regarding this
viii is that ~ the proceeding how
brought 20 break the 1906 will shall
ucceed, then this old viii Of 1894
.ili stand and IL will be necessary u
o break this also If the contestant q
, TO have any share Of the property y
was because Of this fact that AT. Fl
1ney Leek's testimony Of the day q
efore. in which he first gave the 10
laintifs information Of the exist. lo
nee OF this viii. proved an important lie,
uTpr.se 10 them. Tn 1884 will Was ira
yecuted after Ben i-slocrt had ~ lft
mn worrying his iathe, about his i-
Mother
Another Surprise.
Another little surprise was given
q the attorneys for tho plaintln yes. -
arday By letters read To- the ury '
~ "Wednesday written ly Ben Her g
'rt. the contestant. 10 bis aunt in ''
&. Louis it was shown that Ben 81
relieved his mother 90 Doe insan. %
tating that She needed continuous Il
.atchnr day ana night. aud asked s
d. aunt So End some institution I'm ii