The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-13

sider that a factorF'
Well wouldn't consider 10 by
itself"
"if you found a retention OF the urine
about tour months previous to death.
would that b. "a factor In determining
the mental -tatus.'
on don't think if would
me doctor then said that these things
Happening Ia April. and death occurring
the status Of the mind 10 said too TIA:
he had watched Mr. schmuIbach al
times. saw him failing In physical
strength. and that h, had a shutting
gait. as though has muscles were weak
Doctor. n a. man had an the factors
including tht question 4 asked you. that
ne had suffered deep grief during the
past -FOUR OF uNe years. and that ne
feared hnancisl rcycrs-S because A busI-
ness ne had been engaged In had been
prohibited by law. wouldn't that be con-
s,defto m arriving al a conclusion as to
the mental condition.
Yes. sir answered the doctor.
II there was evidence TO show a
Inverted scNuality. leading 10 very
low. disrcputablc place inhabited by
colored people. the company of nude
women. remaining there two or three
DAYS. would that show anythingr.'
1t would 80 FAR a u showed dip
Would the loss OF members OF his
family be considered a factor:
II you were told that on several oc-
c"slons hc went To a stable and there
sat Tor one-half day. and then again Tor
about an hour. would you consider that
IA 4styrmining the mental ststusy'
Wen. that would Do pretty difficult
to-to account for. ~ certainly Involves
great mental strain"
What would De- the eject on the
mind OF the man who has lived a fast
* would ill, have a bad effect"
as true that I have enumerated to YOU
/ laking into account that the subject
nlSa on ADJUST ~ 1915, that such fac
true. had he. IN your opinion. snricienf
mental capacity ON April J. 1915 10
~. I'VE re- a VIII disposing 81 a large IS
! ltl' consisting Of various propertf.s-
.Nlso considering besides the factors.
yS'vouiir,, own testimony. do you think he
would ." able to execute "A Will %
should hardly think 500
! 1T. TNchNInn Was then crosse examined
4 tNttnSiNelN by Mr.. Hubbard. hut Ms
story m the main remained III. same
He said that IL was NOT unt,st,i ~, W
men To have hardening Of arteries AZ
alouen ~ was not the rulc. * To bust-
ness, relationship the doctor said no bad
tried To get Mr Schmulbarb nyu
WIN hospital proposition brt ~
IT, WIN Nat refusal. ne saving than
him o,,, op lnttereSied had tried 10 got
, Ic,rsonally. the doctor said. he did moi,
sbin " whether Mr.. Schmulbach was
ahle 10 Transact burincsS or NOT ~.
doctor said that man OF sfronr. ~
iS""uId ." able 20 resist temptation. and
N he was a very bright brsi,,c,.'' 90.
he could transact business ,yb,, man i.
~ spree. as carefully az ON, yybc
''' ~. nave such spreeS.
1891 10 whether his conclusions that
MF. Schmulbsch was Of up-.,,,,J 10
w, passed on IA" Hypothetical oIt..ti.,,
OF Mr Howard. tho witness said IA wa.
anu anu ais" on his own examinations rhc
doctor stated as to Mr. Srb,,,',It ~, re
,i0IyiIiy That he knew no way OF his do
INNINGS new ing whether Mr.. Schmulbsch
ON Redirect examination bv NJ ia.
ara; he was asked. ''' i'""-
oobinion ihat Mr.. Schmulbach was no,
ahle ON April 3.i9i5. To .xec,tn - uWt
you based your answer upon The MI, MI,
'"s Yea gnestion:' 'o
The doctor was excused ,,,.-. ..,,.-.
mrs u'psoinania effected different ma.
pr n Anothr Expert Called.
Western RcservoS H. .e fr9du 5.,, ~ tho
Cleveland. aud also -" 49,, Iollegy at
superintendent OF tho LAX. ST. tailt
ib.al was the second expert c4Ilej =,
ne witness stand by IN. contestarfs
~ the main Dr. McGreror vVet5 ''' ms =.
~ -tNe ground. and gave yirtu,li,.
Slb , sam answers as those given by Bii
~. stated that he had made a pr,cfi,.
vailed ,p ,f ,yiases where alcoholism pre-
90 10 him were similar h. fF. gl- H.
! mad IN mind. ''' gases NE
MI nd, Hoy. Howard then asked the same
3 - .'...l''dl question De- had asked br
/ ~'hNinu ana received tho .u-v,.r =. -.
I...' ". tnai 1e would 90. able TO do
,idl our opinion. doctor. D ann ask
! ing Tor. would Do Doe abb, 10 make a viii
~ th"Ss conditions were true" said Nr
howard. am inclined 10 thing bc
"'HIh not. answered pr NcGreFnr
IN cross examination los Judge %.s-
DIV me doctor enumerated Tho vaven
/ Hlh-- Covered ~ tho hypothetical qucs-
Z ZION. It, also said that IL was MOI IN
I usual FOR men 90 years or aEe To- have
htt'rlM cirthosis. hardening Of fbe
arteries. Asked as To- whether ar nor
man mind Was affected los This he
-"id That o. usually led 90 oer,bro corr
mind ''''
The doctor said too ON cross eNarnlna-
Ton. That an Individual might live 10 "a
I ripe old age suffering artsrlaI hardness.
and others suffering from the same
.nl-hi Air 10 any time. The doctors al.
'ent"n was fhsn called 90 the case 0r ?
d tnc pump not repaired. sled lcft un-
alt'nN'd 20. ana others. stated 81 hs ask
ID concerning the lied three fimc. on
Ga" sdm' occasion 90 might bs- Insieuin-
can't but thg other points were trivial.
judge N'-biLt asked him if no thought
man who called for two hONe 90 wit
ness bis Will and then tiank them FOR