The Cairo bulletin., 1908-10-24
PLAINTIFFS CASE
BEING PRESENTED
IN HERBERT WILL CASE-LEAD.
ING WITNESS YESTERDAY
WAS AOUSEkEEPER.
WEAKENED
BY Admission On Cross Examination
That Deceased Was of Sound
Mind-Some Humor
Developed.

.
In the Herbert will case in circuit
court the plaintiffs or contestants
I.made a good start, Introducing sey
eral witnesses, all with purpose to
show that the deceased Louis Her.
bert was not Of sound mind. particu-
larry with respect to his son Zen
Herbert. The case will be resumed
this morning and court will adjourn
~ 1880 =. m 1t will be taken up
again Monday morning 1t has net
! developed how many witnesses the
lpaintif will have; but it is not be
llleyed the case will be concluded be
fore the middle of next week.
The important witness yesterday
was Miss Lou Norris. She was
bopsekeeper for the deceased Louis
Herbert for a number of years and
was intimately acquainted with him
and his family affairs. She was a
party recently TO a proceeding in the
county court in which she sought to
gain and did gain possession Of a
package left by deceased in his safe
and not mentioned in his will. Under
| direction of their attorneys the ex.
ecutors Of the will required her to-
| show that the package had been
given to her by the deceased before
his death and that it had been in
hef possession during his life This
was merely a precautionary formaity
required by law, both executors and
their attorneys desiring that She
should have the package, as was eyi
dcntlE intended by the deceased |
who had left it in the safe marked |
with her name Miss Norris offered |
evidence in court that the package |
had been in her possession dudngl
the life. time of Louis Herbert ana |
1t was turned over to her. 1t con
tanned or conveyed property Of the
value Of from $4,000 to $15 900. Miss
Norris testimony at this hearing was
quite yoluumnous, particularly with
with respect to the deceased's physi.
cal aud mental condition, and it
played an important part in her
cross examination yesterday.
Miss Norris testified yesterday
that Mr. Herberts health was very
bad the last two years of his life:
hat hi was suffering from asthma
md had pains in his head She told
If the night that he made his will.
hat he was suffering severely from
sthma and was very weak. and re.
NAMED down stairs until II O'Clock
nd she had to help him upstairs.
be next morning she said that he
cit pretty bad and that he didn't
ecm to remember what happened
h. night before She said he said 10
or What ala ] do last night? feel
wtul bad this morning" She said :
nat he told her that he dil not know
hat he was doing that he felt likeI
g was crazy When she told him
lat be had made his will the night
siore, he told her it seemed like t,
-eam v
The witness stated that Mr.. Her o
.rt had been in bad health previous )
} making his viii and that he aid
isincss mp stairs iu his room as ne %
as not able to go down stairs. She
atei that a part Of the time he was =,
bed. She stated that he called on
r. Cushman TO do nearly everything -.
W him. and had for a couple Of M
airs prior to his death. Speaking
his state o fmind respecting his nj
70 eBn the contestant. She said a ST,
vs. days before be made his will he "
reived one OF the circulars that Of
20 sent out attacking him for his in
.atmeat of bis mother. u made him Tot
o. angry and ne swore and threw yil
down oH the floor BE told her the ~
g was making trouble again. The
iuess also declared the decrease
q falling spells and Authorizations
. latter taking The form 81 hearing
aeinar- voices and calling fgrl
b. Ebert who 60 u.s. alleged exer.
81 an undue influence over the do !
sci against Dis son. the plaintiff !
r. wit-ess stated thar after Miss 4
arr leff Cairo AMI wen- 70 ST I
lis taai She wrote 10 Mr.. Herbert L
frequently referred to ben. an T.
-irn Mr. Herbert received J.
s leCrs he got excited and D.. B.
Ie uaI and swore The witness spe
ire also that TIE uH in cont s