Middlebury register. (Middlebury, Vt.) 1886-1937, 1913-01-10
ADDISON COUNTY COURT
Continued from Page IL


DR.. Berry was put through a very
rigid and searching cross-examination
by w. B. C. Stickney, chief counsel for
the proponents, which occupied four
hours. In answer to Mr.. Stickney's
first questions the doctor testified that
he was testifying here as an expert
and that his fee was $25 per day and his
expenses. DR.. Berry's testimony was
apparently not shaken by the cross
examination.
DR.. F. E. Reed of Salisbury was the
next witness. He had treated the de-
ceased from July, 1908, to December,
1909, in which latter month the testator
died. His treatment was for physical
and not mental troubles and the testi-
mony was not of much apparent i'm
portance.
Next came DR.. D. A. Shirres of Mon
treal, who was put on as an expert in
nervous and mental diseases. Dr.
Shirres was educated at Aberdeen uni
versity, Scotland, St. Bartholomew
college, London, and the University of
Paris. He has been for IL years
lecturer on nervous diseases at the
Medical School of the University of
Vermont, is a lecturer on the same
subjects at McGill University, Mon
treal, and a consultant at the Protest
ant hospital for the insane and at the
Neurological General hospital in the
same city. The Doctor is a member of
the American Neurc logical society,
which has select membership of go,
with 80 on the waiting list, is a member
of the American Sociology society and
of the BostonI Neurological and Socio-
logical society; so it may be surmised
that he came into court with good Gre
dentials.
DR.. Shirres had never seen Columbus
Smith in his life time and so had never
treated him; but from series of long
hypothetical questions put to him, based
on the testimony of witnesses who had
gone before and on the will and other
documents in the case, he deduced the
opinion, as DIR. Berry had, that Mr..
Smith was suffering from the form of
insanity known as senie dementia at
the time when he made the will and at
the times when the codicils were added.
He did not waver in his opinion, but
insisted on it, when subjected to a sharp
and skillful cross-eXamination by Mr..
Stickney. The Doctor admitted that
he, also, was testifying as an expert
and that his fee was 500 day and his
expenses.
A brief but uneven full examination
of Fred A. Page of Ludlow, one of the
contestants, brought Tuesdays proceed
ings to close.
Shortly after nine o'clock Wednesday
morning the contestants rested their
case and DR.. f. H. Martin was the first
witness put on in rebuttal for the
proponents. DR.. Martin testified that,
as the attending physician, he had never
observed any indications of senile de-
mentia until after the Goth of August,
1903 and he testified positively that
Mr.. Smith was sane when he executed
the will in December 1897, and the last
codicil in March, 1903.
Some other odds and ends of testi-
mony were put in on the same side.
The contestants offered no testimony in
rebuttal and at 10;45 O'Clock the evil
dence for both sides was closed.
Mr.. Lawrence at once began the
opening argument for the proponents
and used up the balance of the forenoon
session and short time in the after.
noon in his talk to the jury. Mr.. Law.
renee contrasted the witnesses for the
contestants with those for his side anc
reviewed all the testimony for both
sides at length, dividing the testimony
of the two experts put upon the stanC
for the contestants and maintaining
that no trace of the decisions indicating
senile dementia had been noticed unit
the late summer of 1903, months after
the last codicil had been executed
These decisions We're that some one
was trying to poison the testator, thai
people were trying to rob him of hi.
property, especially of timber, and {
ridiculous delusion in regard to Mrs
Smith. Mr.. Lawrence contended tha
the changes made in the will of 190'
by the subsequent codicils were ev
dences of sanity instead of insanity
In the will Mrs. Smith was giver
$15, 600 or $4,000, which ever sh'
might choose. These amounts were
changed in one codocil to S25, 600 anC
$50, 900, and, the daughter having dice
in the meanwhile, aside from the pay
ment of few small legacies and be
quests, Mrs. Smith was to have all tn,
stocks, bonds, notes, money on hanC
and other personal property and the in
come of all the other property wher