The free lance. (Fredericksburg, Va.) 1885-1926, 1910-06-21
THE WILL CASE
More Testimony for Both Sides Heard.

At afternoon session in Monroe will
case Friday Patrick Payne, Of King
George, testified for defense. He had
known Mrs NJ. % years, had been in
her store frequently, had purchased
liquor from her for ten years previous
to her losing license. called several
times after she had lost her license,
last visit was in September, 1909, saw
no change in her mental condition, con-
sidered her a capable business woman.
+. w. Walstead, Of Spotsylvania,
had known Mrs. NJ. 20 years, visited
the store frequently, last visit was in
September, 1909, went to get breakfast,
saw no change in Mrs. Ms mental
condition, her dining was clean
and table good. On cross-examination
il was brought out that he is guest of
Mr.. Freeman, brother of Mrs. M,
while here.
Geo. +. James. Had known Mrs. M.
eight years; she had dealt with him
five years up to September, 1909, and
had visited his store almost daily, con-
sidered her shrewd business woman,
an intelligent, close buyer; saw no
change in her mental condition. On
cross examination said Mrs. NJ. did not
appear to be worried over anything.
T. G.. Speakman, piano tuner, had
been coming here for years and stop
ped at Mrs. NJ. s, knew her well and ac-
companied her to the hospital when che
was taken there, considered her a
shrewd business woman. kept good
boarding house, had only few regular
boaders. but many transit; saw no
change in her condition during the time
he stayed there, discussed the change
of will with him, said she did not leave
Kate ANYTHING. Speakman was rigldly
cross-examined Was asked by Mr..
Wallace if he had communicated with
Mrs. NJ. since her death. Do you not
claim to have that power? Answer,
81 do not. " Did you not tell Deputy
Clerk Berry you had the power to com,
municate with spirits? Before he could
answer Mr.. Fitzhugh objected and the
witness was discharged.
The Jury was then withdrawn and a
point of law discussed as TO a question
to be propounded. by Mr.. Fitzhugh
to DR.. A. c. DOggett, tO-wit: did
you consider Mrs. Monroe capable
of making a will when she did so. y The
court ruled that the question could be
asked.
The Jury was called in and DR.. Dog
gett put on stand. Had been Mrs. NJ. s
physician for p years, visited her IN
MAY. 1909, in Sept. 1909, noticed no
change in her mental condition. Made
visits in May, saw no change, 10 visits
in Sept, saw no change. In Oct. and
Nov. up TO her death visited her daily.
When asked what occasioned his VISIT
on Sept. l4th, replied she had slight
stroke Of facial paralysis and in short
time suffered second stroke, was en-
tirely rational, her death was caused
by blood poisoning and low grade OF
typhoid fever.
At this point Mr.. Fitzhugh asked the
witness: in your judgment from the
18th of Sept. up to the time Mrs. Mon
roe developed blood poison at the hos
ptal, do you think Mrs NJ. was capable
of making a will?" Objected to by Mr..
Goolrick and withdrawn by MIR.
Fitzhugh. DR.. Doggett was rigidly
crOss-eXamined.
DR.. J. n. Barney said he treated Mrs.
NJ. in July and August, 1909, for
broken blood vessel in the corner OF her
eye. She was much alarmed for fear
Of losing her eye, did not take much
notice Of her mental condition. Cross
examination, use of liquor affects the
eve, but cannot say il did in this case;
use Of whiskey and gin, especially gin,
are causes of cirrhossis of liver; mel
ancholia and dullness are often caused
by cirrhOssis of the liver, had death GER
tificate of Mrs. Monroe, given by DR.,
Doggett. her physician. which stated
death resulted from facial paralysis
and typhoid fever. would not testify
that she was of sound mind because he
made no examination and was not her
physician.
j. Arthur Taylor. cashier of National
Bank. Had known Mrs. NJ. for 30
years. she had kept her account at his
| bank, she came to the bank July with
Judge Embrey to cut off some coupons.
She asked for her safety box and the
coupons were cut off by Judge Embrey
in her presence. Always regarded her
as a shrewd business woman and saw
no change in her mental condition on
July 18th from that of previous years.
DR.. F.. C.. Pratt. Attended Mrs.
Mayhew when child was born on April
2, 1910, which was fully developed.
Col. Z. ID. Cole. Had known Mrs.
Monroe 20 years, she had bought lum-
Der. etc, from him; had frequently
sent for him to ask his advice about
purchasing property, bonds, etc., he
had also patronized her store, saw Mrs.
NJ. for last time in September, 1909,
and noticed no change in her mental
condition; considered her a thorough
business woman, never saw Mrs. NJ.
take a drink or under influence of liquor.
Cross-examined by Mr.. Goolrick,
Judge Embrey was called Mrs. NJ. 8
heir around town. Judge Embrey told
him he had written several wills for
Mrs. M.
w. E. Moncure. Had known Mrs. M.
for Is years and had noticed no change
in her mental condition; was in her
store in August, 1909, and had long
conversation with her; regarded her as
shrewd business woman.
CT. Cross. Sold oil to Mrs. M. fire.
quently for past ten years; had no diff
| fculty over settlements as she always
paid cash.
w. d. Scott. Had known Mrs. M.
| for many years visited her place ire
duently before she lost her license, as
she was large shipper; considered her
shrewd, business woman; she had
| frequently asked advice of him.
Mayor H. l.. Wallace. Had known
Mrs. M. since boyhood, was present at
National Bank when she visited it July
7. 1909. His testimony virtually the
same as that of Cashier j. Arthur Tay-
lor.
Father J. M. Perrig. Had known
Mrs. NJ. three years, visited her oc-
casionally, saw her at Catholic church
on Easter Sunday, 1909; had a private
conversation with her, her mind was
the same as usual, perfectly herself,
she attended church once a year, was
never anxious to meet her priest. saw
her after her first stroke of paralysis,
did not consider her mind affected:
Cross-examined as to letter he had
written to Mr.. Walsh, of New Jersey,
II =. ~ IL. Aa % n