The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-26

Harrington was brought into evil
dence and she was compelled to try to
recall whether or not she had made
all of the statements therein but read
to her piece meal After long fight
between the attorneys, with Judge
Dana as referee. about the proper
questioning and other objections. the
witness escaped without serious dam
age. She still retained that from her
observation ane her knowledge of the
human mind as manifested In its
workings in every day life she con-
sidered Mr.. Gordon of sound mind.
Robert D. Carver. associated in the
law business with James E. Larimer.
who was Mr.. Gordon's attorney,
testified that he used to visit with the
old gentleman when Larimer was out
until the attorney returned and that
his conversations were always of a
friendly sort
did you ever hear Mr.. Gordon
laugh ?"
of humor and was something of a
joker. but I do not believe ever
heard him laugh out loud. It was
Did you ever hear him cry?"
II never did"
Asked for his opinion concerning
the soundness of Mr.. Gordon's mind
he said, ct am of the opinion that 1t
was perfectly sound"
There was a fight over the placing
of James E. Larimer on the stand on
the grounds that he was not compe
tent, having been Mr.. Gordon's attor-
ney, but the judge held that he might
answer questions regarding strictly
social matters. Mr.. Larimer had been
a particular friend of the old man and
the family for a number of years and
was intimate with all of them.
do you recall any particular con-
versation you had with Mr.. Gordon2"
he was asked.
HE told me at one time with more
than usual concern that Mrs. Gordon
had saved his life"
Did you notice any difference in
his treatment of her and his regard
for her after that serious illness?"
Yes. he treated her better and was
much freer with her.
will you state how the front part
of the house was furnished during
the time you first knew him?"
Gordon Parlor Used to Store Harness.
1.-The front hall was closed and not
used for receiving callers The par
lor was used as store room and fill-
ed with harness. saddles, nails, buck
cts and so forth"
do you know of its being furnish
ed up"
Did Mr.. Gordon ever talk to you
of the difference?"
Yes, he said Jennie had made 1t
very home like"
Testimony of several other wit
nesses was all to the same effect that
from their acquaintance and con-
versations with the man, his appear
ance and demeanor they considered
him of sound mind.
Popular Versus Expert Belief.
The defense is gradually and labor
iously establishing the fact that Mr.
Gordon was very much like a human
being, that he talked politics, money
matters and other current topics. often
mentioned the weather and greeted his
relghbors just like others of the human
race, that he loved a good joke much
the same as his brother. Col. Wilson
Gordon, does today, that he loved his
wife and that he knew just what he was
doing with mis- property.
The defense is also of the belief. as
has been the case with courts before.
that the popular estimate of fellow
man as regards his mind and disposition
is rather to be preferred than the testi-
mony of experts basing their opinions
upon a hypothetical question rather
than actual acquaintance.
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