Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-10-18

mental condition OF the testator.
Arthur Staab scores.
The entire morning session and the
early part Of the afternoon session OF
court WAS taken up with an extended
and extremely technical argument on
points Of law. 1T the conclusion OF
which Arthur Staab, who II contesting
his brothers will. scored distinct
victory BY obtaining a ruling Of the
court to the effect that the proponents
Of the will would be required to SHOW
affrmatively the sanity and testament
tafy capacity of the testator
The attorneys for the benenciaries
or the Will. who are undertaking to
establish its validity. made out on
Friday what they considered "A prma
tacie case by introducing the will it.
self and proving its execution. and
contended that the sanity of the tes-
tat0r would be presumed hy law un-
tii the contrary WIS proven Judge
NELL II. Field representing Arthur
Staab, took the position that this evi-
dence was not sufficient and that the
proponents were required TO 'unmask
their batteries by showing the sanity
of the testator at the time the will
was executed Charles A Spices. for
the proponents, declared that such a
ruling would be 10 require his clients
10 prove the non existence of neg
ative." and that the burden of proving
insanity was 90 the contestant Of the
will
When II became apparent that an
extended argument on thus question
was in prospect Judge Reynolds ex-
cused the Jury until o'clock in the
afternoon The legal batteries of the
two sides were In action all during the
morning and until Just before the time
set for the jury TO return to court,
when Judge Reynolds. after brief
discussion Of the points that had been
argued. decided the point IN favor Of
the contention Of Mr.. Field
As bar Examiner
The first witness introduced by the
proponents Of the will was w j. Luz
cas-, OF I-as Vegas. president OF the
state board OF bar examiners. OF
which Judge Staab was a member for
several years prior To his death
MI Lucas testified TO an extended
acquaintance and close personal and
professional friendship for Judge
Staab lie told OF the duties devolv-
ing upon a member OF the board of
bar examiners and OF Judge Staab's
active participation In those duties
during his service on the board. The
preparation of questions TO be pro-
pounded 10 applicants for admission
to the bar, he said. was generally left
by the other members 10 Judge Staab.
He told OF the last meeting of the
board At which Judge Staab was pres
ent. ~ January 1913, which was the
last time the witness had seen him.
This meeting, he said lasted three
DAYS and covered the examination Of
some twelve OF fourteen applicants for
admission to the bar AT that time
Judge Staab appeared sound and Wig
orous said the witness. 80 far as his
mental condition was concerned, and
there was nothing To suggest any men
tai defect in him
AIR, Lucas also told of several cases
in which he and Judge Staab had
been associated professionally. and
paid u high tribute to his ability as a
lawyer. \ letter from Judge Staab
Go Mr. Lucas regarding certain phases
OF one OF these cases WAS introduced
in evidence for The purpose Of show
ing that the deceased wrote clearly
aud logically a regard to the matter
in hand ~ the Time
Good Bridge Player.
In reply to Questions from Attorney
Spiess, MI Lucas testified that Judge
Staab was a tirst-ciass bridge player
and that high order of mental abil-
ity was necessary 10 become proficient
in that game. on cress-e examination
as to this point Mr. Field asked Wit
ness II u were not true that Judge
staah. in PLAYING bridge would de-
liver lecture almost every time
card was played lie would when
he was losing. replied MI. Lucas.
The witness admitted, In reply to
questions From MI Field that Judge
Staab was erratc. with some qualifi-
cations. lie Was Of nervous tenn
permanent. said Mr. Lucas. and ex-
citAoie az times. and Al sHch times
acted rs an other nervous people
de Later the witness explained thar
when h. said thar Judge Staab was
cftaitc he meant that he acted in a
nervous manner
Mr.. Lucas would not admit that
Judge Staah was confirmed hypo-
chondriae. bur stated that there were
Times his 4..t.. Ia.