Mexico weekly ledger., 1909-02-18
VERDICT
IN CASE
JURY BESIDE QUICKLY


boz-d C zs CcEzsrzts Eozs EksF
Mr.. MzAvy Ia r1w an Innate nsu
f0ek fbs sad Ills tsscizozy vas
rssz-Eizg 6s plaintiffs Ezz5ry.
Ths EztzttTs testimony eIosed 3;
1872 oeiock ressrVing the rfgkt To
iztrodzes On hls Arrival Or. Porter
TLikss, B1psnutsn5szt Of the kos-
pf+sI a. Fultol
The first witnesses for the defense
e P. z Locke and J. V. WI
lIszs, 10th former cosnEy eIsrkG Tie
testified ss 20 the manner In whleh
patients are uszaIly sent to the In
Ene hospitsh This vas for ths
purposs Of ~diSgroEing the attempt On
ths part q the plaintiffs attorneys
TO show an irregulzrity IN the man
ner IN which Mr.. Afabry was sent 70
the hospital
Mr. James was present al
the Smith home when Mr.. MAbry
was suffering from the alleged hal
lueinations. 1t lie sEeTed he saw I'm
aginaTy bables on the floor that
turned into all manner Of animals. He
also thought negroes were attacking
him. Mn. James assisted in taking
him to the hospital. ME. Mzbrys
story Of his trip TO the hospital in
no way concurs with that Of the men
who took him from the Smith home
stead His story seems q Bit vague
on these points. Mr.. James said he
tried to get Mr.. Mabry to recognize
him but with no success.
Scott MOrrall, Of YsndsIia, a hard
ware merchant, took the stand and
testified TO the good treatment Of
Mr.. MabrY at the Smith home.
C. B. Carroll, Of VAndaliz, next
took the stand and told Of his &C
quzintancs with John T. Mabry. He
vas On the train that took Mr. Ma
b2 TO the hospital He spoke 70
the plaintiff on that occasion. but
received no reply. He was mum
bling to himself and acting peculiarly
He said Mr Msby tined to remove
his trousers While On the train
MrL Smith took the stand later.
She is . daughter Of the plaintiff and
wife Of the defendant. She told Of
Mr.. Msbry's life at their home and
his Illness.
Dr.. Porter Williams, saperintend-
eut Of the hospital at Fulton, next
took the stand and told Of Mr.. Ma
brT1s condition while In the instftu-
ton He was introduced by the de-
Tense though the plaintiff had issued
q writ Of attachment to get him here,
but on his arrival deciding they did
not desire him to take the stand.
Thursday Mr.. gabry. the plaintiff.
took the stand and spent most Of the
morning upon #. His testimony was
regarding his trip TO the hospital at
Fulton and his life at the Smith HON
In ONE points his knowledge seem
ed q Bit vague and at others his loss
Of sight made # impossible for him
to positively state anything definita
Iy.
The damage suit Of John 7. Maby
against Judge MJ. W. Smith, a
former member Of the Audrain county
eour, began Wednesday afternoon be
fore Judge Barnett In the Circuit
Court. The plaintiff sues for $4,000 ac-
tual and $4,000 punitive damages char
ing Judge Smith with having had him
placed in the Hospital for the insane
at Fulton when his mind was not in
a diseased condition. Judge Smith,
Ar. Mabry's son4nlaw, was the plain
lifts sole support previous to his be-
ing sent to the hospital and intends
presenting physicians sworn certifi-
Gates regarding his fatherinlaw's
sanity at the time Of his i~ncarceratio
az Fulton.
Both persons in the suit are well
known. Judge Smith is one Of the
most respected and popular farmers
In Audrain county and generally liked.
Mr.. Mabry, who has been blind for
several years. is an old Confederate
soldier and has many former friends
in this city. Through the prominence
Of all concerned the case is attract
ing more than usual attention. There
are a number Of witnesses from the
hospital gubpoenaed for both the de-
Tense and the State.
Urban weimer has our thanks for
-. - " uuaw