The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-13
CLIMAX IN SCHMULbACH WILL
CONTEST To Be REACHED TODAY

V
amined She said that she had Known
colonel Schmulbach for "A time ,oyer.
ing forty years. and in that time had
pern IN "A position TO note his physical
condition. The witness sail thar She
y cousin OF Mrs. Schnulbacr and
'hat she had visited her On many oc.
casions since her marriage TO the colo
nsL On these occasions she said that
sir. Schmulbach did not show his
former physical strength anil Ia one
instance particularly tho had gone
Tor walk into the yard. and when
near the fountain the .oipncI be.aneI
llred and sat down at he. fountain
TOO, she said. that on this same occa-
SION ne had gone To Sle,p I'M his
chalr. and that when II. awuks he
.ouid not arise from his chair. but
i'au 10 be assisted. on these occa-
slohs, she testified. either Mrs. Wager
=, MRS, Schmulbach was with him.
MI. hartmans story remained the
same under crosseXamination.
Miss Olive Courts. aged Is years.
uaughter OF Mr.. Schmulbach's former
sarueher' said that she had known
tho colonel ever since She Was old
enough To remember. She stated int
When she was young Colonel SchmuI.
bach had always been friendly 70 ber
Dut IN later years he had shown n
instant feeling. and instead of Iaurb-
ing win her or teasing her as he used
10 no. ne scarcely noticed her al ali.
cue teStlned that she saw him sit in
,he Darn Tor one-half day. apparently
unaware or his position. and "a an.
Other tlme she saw him there for about
an hour. Also. the little girl said
ne had promised on numerous occa.
sions to fix their pump. and that no
! ialIed TO do this until n had becn
uraWn To his attention many times
Were Other Wills.
oOa in ~ H. lager. who was given $50
wbo ~ h, nan Sst9ck by Mr.. SchmuIbach.
.t.t'u viii and also curator of H.. -.
pro,,oS ~ called 20 IN" stand next and
or his relationship To Nirs S.b,,,,I, ,"ii
anu also that there were other W-iis
.ol ,eiorG Questioning Mr. Wager. Al
'"rnsy John \. Howard .Nplained,
We are calling MIR YaRrr yyitb ~,
'nce 10 two matters We want H. 80. -,
"Do y' ana want 10 limit his examination
SsrrhId 20 those matters about which We
Q. Mr. Wager. the will in oucs,i,,
hSrs' ! believe; Is the will made the 5Td
q 10 you remember OF another viii
made hv Mr.. Schmulbache Wiz
\. lcs. sir
,,, q DO sou remember when that vas
\. No. sir
9. nid you know about 1t when It
\ No. sir.
Q, You wcrc his r.siduary lcg,t.o
IN Tho other will you mentioned. were
\: Tho ono I destroyed. ycs. SIR
=, 'phJey,'d Go. objection ovcrrulod
Q. You say YOU tor. II into p,,...
s snd threw o. int" IN" waste basket. 1
put them together and road ~
\. J did. later on.
., g Md IN that will You were given
\. ! don't know.
q VOL you were made his rcsidu-
estate less IN" lcgpci.s given To Other
PEOPLE: weren't YOU
\. Yes. sir
.. Hc ais" told you hc had madc YOU
ms rcsiduary lcgatcc. didn't he
.. Didn't you TESTIFY tina, he told
\. | don't think So.
q You did testify ct the probating
"t ms WI. didn't youe
what did YOU say about what n, told
S"u a. To- L.. what he had done Tor you in
didn't say anything"
MI wager. will remind YOU of what
You said when YOU ts.tified about ,,L,t
Mt. Schmulbach said To- YOU ,oncernins
d your interests In his estate al III, +,,,@-
OF the Kohm settlement \o,v r,,,,i,..i
ing you 81 that. I want Co ask Won fo
say what IL was ho said 10 tou fb.-,
ab2u, what he had given 90 YOU lu h.s
no didn't say what bc had given ~ ..
Sin asking you Co say what d.. "a
"TTs didn't n .r,,tt....
ne had given me"
Wei. Mr.. wager. l am sure you ar.
isl"E 20 UNIT 90" meaning of the qus--
tel ta' jury what De- did Say tp Sou
Nm me what YOU want mo tp rsp.v
l". " D. Howard. ana viii reply to you.
want YOU to ten tho jury what De.
Nhid lent that plIiug''
w" talked about that settlement
= am mot asking SOU about chat
N'f'ni sou asked THIS question ou tf...
/ nI.t.I.u 90 IN time of tb. probate,
~, ,g'. WI. pa hc xiv" you to under.
1i"hh mat 70. had mHd. sou hi. rs-I,4
sIt hrtt"'. aud didn't Vuu au.v,'.
,N"t Doe That many words. Mr ffav..r .
w., W., YOU asked That question. and Ola
YOU mako THAT answer
Ny recollection o. yp-.'
Ma ih.u wrr'ut sou asked fII.
words. that the huIk OF BIS .....,. 5.f
gone i' sou. and didn't sou sf.,,.. q
I W'il. when hg paid that bin. nf which
~" emo" b'l''N'. FOO Char fIrr boz, tuId
mo- Doc $50" taking Do from rr,. .f.' .,i'
ing 20 '''n.. I1d sou make that answer.
Sow that conversation with ar
Shrmul bach occurred on i,. dsg fhat Boz.
7'.'l,H VIII John h"hm. didn. I,e"
ard what d. ,ort,nts v.r, b,laf lir
rhWuInH'h iI.d'