Norwich bulletin., 1909-09-17

Expert evidence was offered by the appellant in the case of James M. Grants appeal from probate in the will of William Ross, when the case was resumed in the superior court Thurs day.
 The taking of this evidence. how ever, was preceded by the hearing of the testimony of Edward Whiteman of Chaplin. who told of the appearance of Ross after 1903 and stated his be- lief that Ross was of unsound mind. William J. Lee of Chaplin told of a business transaction he had had with Ross which Ross had forgotten in a few weeks.
 On cross examination the witness said the forgetfulness might have been caused by sickness.
 Frank Durham of Putnam, 8 cousin of Ross, testifying as to the relation existing between Grant and Ross, said that as far as he knew the two were on good terms. John P. Durham of Mansfield, another cousin of Ross, cor roborated the testimony of Frank Durham.
 Estate sS9,487. Attorneys for the appellant offered the inventory of the Ross estate as filed in the probate court. It included the following: Real estate in Chaplin, S3,000; Rich hill property, $500; Hop Sin place, $500; Kingsbury farm $600 Ross farm at Tower hill, $400: lot in Chaplin ceemtery. $6; East Lyme prop erty s2.O00 Mansfield property $7000 Windham real estate $50,070; total real estate $5S,756; deposits in various Connecticut banks, $13,06O.01; stocks s6971; notes secured by mortgages, S3,T74.17; notes unsecured $44563; cash on hand in national banks. etc, $642.04: : collection of old coins. $143.S7: furni- ture cattle, hay. $1,212.10: lumber and ice, $971.s1; machinery in silk mill. $3,4S3.O7; total inIientory, s9S.4S7S2.
 Wife's Power of Attorney.
 At this time also yves exhibited a power of attorney of William Ross to Emily Ross dated Dec. 14, 1908. Mir. Ross died on Dec. 30, 1908. The power do all the personal business of her husband and was recorded in nearly all of the towns where Ross held prop erty.
 Expert Testimony.
 At this point the attorneys for Grant introduced their first expert witness, Dr. J. F. Terriberri. Dr. Ter riberri, expert neurologist. stated that he was a physician practieing at St. Agnes and other hospitals in New York He is a member of several med SOClClltS dtl CApCAL OAA Nio- orders of the mind. Attorney Torrey framed a long hypothetical question covering evidence as to Ross mental condition at the time of the making of the will and asked the witness whether he would say or not, under such conditions, that Ross was insane. Attorney Searls objected to the ques- ton on the grounds that in the hy- pothetical question Attorney Turrey had ocGt1Tnad farfc mt hrOt1011f OI1t in the evidence. The court, however, all lowed the question with slight modi- fications.
 Thought Ross was Insane.
 Dr. Terriberri said in his opinion Ross was insane at the time. Tn giving his reasons for this belief the doctor described the action of the blood ves- sells on the brain and said that prob ably some of them had been closed when Mir. Ross suffered an attack of paralysis in 1903 and during other ill- nesses previous to his last. He told how this closing of the blood vessels would retard circulation and weaken the patient mentally and physically.
 On Cross Examination.
 Attorney Searles commenced the cross-examination of Dr. Terriberri at the opening of the afternoon session and endeavored to secure an admis- sion from the witness that his opinion as to Mr. Ross sanity was partly based on the evidence he had heard in court. Dr. Terriberri was resolute in main taining that his opinion was based en- tirely on the hypothetical question as put to him.
 Of Like Opinion.
 Dr. c. E. Simonds and Dr. W. P S. Heating of Willimantic were put on