South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-03-29
BARS TESTIMONY
OF TRANSACTIONS
Court Refuses to Admit TeSti-
mony Concerning Alleged
Contract With 0aVey.

Introduction or testimony in
which II was sought BY the defense
10 bring out business relations OF
Charles A. Davey, South Bend law
yer, with Mrs. Nor Young Hum
melberg. after the death Of Mrs. Re
becca Wheeler. was not allowed
Wednesday morning in the circuit
court BY Special Judge MacKdbbin.
who is sitting in the action 10 con-
test the validity OF the will made
by Mrs. Wheeler.
When Mr. Davey was down Ia
Pennsylvania did ne not enter into
a contract in writing with you and
your mother. and the plaintiffs in
the present suit. 20 contest the valid
ity Of the will. he acting as attorney
intact. your share 10 be preserved
for you as allowed under the will.
the balance Of the estate TO be di-
vided up and the computation made
by Mr. Davey, Mr. Meyer and John
Fisher?"
This bOmbshell fred at Mrs. Hum
melberger. who was on the stand.
Meyer His objection was sustained
by the court.
Further questioning along the
same line received the same treat
ment. objections in each instance
being made and sustained by the
Special Judge MacKibbin.
An attempt was then made to in
Produce a copy Of the alleged con-
tract made between Mr.. Davey and
Mrs Hummelberger. as collateral
evidence This. however was not
allowed The defense made their
oner. which in the event that the
ease is appealed viii be considered
by the higher court.
Try &C. Impeach Testimony.
Attorneys for the plaintiffs sought
TO impeach the testimony OF Mrs.
Hummelberger by the introduction
OF letters purpOrted TO have been
written by her. One letter especial
Is bearing on testimony given Tues
day afternoon by the witness, in
which it is said. statements were
made concerning Mrs. Wheeler's
state OF mind at the time she went
20 Benton Harbor. Mich. TO consult
with a fortune teller
on examination Mrs. Hummelber-
ger said that Mrs. Wheeler was
very much worried" In the let
ter that the witness is supposed TO
have written. Mrs. Wheeler is de-
scribed as being near mad
The defense ,Egued that in the
event OF the admission OF the letter
-.
the contents tending to impeach the
testimony as given on the day be-
fore.
The defense recalled Miss Clar-
india Drummond 10 the stand Wed
nesday morning for further cross
examination. Letters that she wrote
at the request OF Mrs. Wheeler 10 "a
Mrs. Edith NJ. Mcbride. a niece Of
Mrs. Wheeler's. residing at Indian
apclis were introduced The letters
were brought in as evidence to show
the mental state OF Mrs. Wheeler
AT the time OF their writing in 1912
and 1913 just prior 20 her death. It
was argued by the defense that al
though Mrs Wheeler did not write
them. Miss Drummond always read
them over 20 her and secured her
approval before sending them off.
Object to- Letters.
Objection met the introduction of
the letters as Il was held by the
plaintiffs that the letters could not
show the state of mind of the test
atriN. as they were not written by
her but were OF the witness compo-
sition This point. however. it was
decided. was one that the jury
should weigh
The letters were all OF a personal
nature and bore traces OF Mrs.
Wheeler's gradual decline in health.
one letter written oct 3, 1912.
spoke OF Mrs Wheeler. having
gone joy riding three times in an
automobile We rad awful
time" the letter continues. "getting
her into the machine the last time,
for 40 sooner had we got her in
than she sank down i'm the bottom.
10 was really quite laughable. aad
i am OF the opinion that Mrs
Wheeler will not go out again very
soon"
Other letters were Of a very per
sonal nature and described at length
the condition - Mrs. Wheeler.