The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-13
MRS. SCHMuLBACH
TO Be CALLED BY
THE CONTESTANTS
EXPERT WITNESSES SAY
LATE FINANCIER WAS IN
COMPETENT TO MAKE
WILL
E. L. WAGER TESTIFIEs AS TO
FORMER WillS-MOTHER OF
CONTESTANT SAYS SHE WAS
TO BE PROVIDED FOR

The climax In the hearing now pro-
crossing before Judge VI. G. Hervey
In part one of the circuit court. having
as It's purpose the breaking of the Will
OF the late Col. Henry Schmulbach,
from the standpoint of the contestants,
is expected TO be reached this morning
when Mrs. Eva Pauline Bertschy
Schmulbach, widow of the late finan-
cier, will be put on the witness stand
Mrs. Schmulbach will be the first Wit
ness. according TO the contestant at
torneys. unless they decide over night
10 change their plans slightly.
Judging from preliminary testimony
yesterday and the preceding day, this
VIII be the biggest day in the hearing
which involves the distribution OF an
estate valued at Sl.9O0OOO Just what
they intend TO show by Mrs. Schmul.
bach was not disclosed by the con
testants. in whose behalf she is sum-
moned. However. the contents of an
ante-nuptial contract now in the hands
of County Clerk John Howard Wells,
made, II Is claimed. between Mr..
Schmulbach and Mrs. Schmulbach. noe
Bertschy. will likely play an import
ant part in her testimony If it is per-
mitted. An effort TO get the inside
of this contract. yesterday. failed.
important Points.
Hearing on the contest yesterday
hinged about the following points:
That Henry Schmulbach made and
executed three separate wills, together
with the one now in contest: that an
ante-nuptial contract between he and
his wife was made and filed for rec
ord: that he had promised Mrs. Anna
Albright. mother of the contestant, TO
take care OF Little Mary" that he
had promised Henry Schaefer either
the bank, the brewery or the Schmul-
bach building. that r. l.. Wager told
Henry Schaefer within one hour after
Mr.. Schmulbach's death that Mr..
Schaefer was 10 receive the gold
watch and something else" that. ac-
cording TO expert testimony a man at
the age of 30 years. who had abused
himself drinking and otherwise, would
be mentally incompetent to dispose of
a huge estate: and lastly, that alcohol
tends in all cases TO affect the mind
OF its subject.
Or. James Schwinn and Dr. ID. ].
McGregor. physicians and surgeons.
testified during the afterOon and
proved star witnesses for the contest
ants. After a hypothetical question
had been propounded TO them by Mr.
John \. Howard, taking into consider.
alton the life Mr.. Schmulbach had led,
that he died of myocarditis (affecta-
ton of the muscles Of the hearD, that
he had hardening of the arteries: Nat
in later years he had lost his memory:
that he would sit AT times for hours
in stable apparently unconscious OF
his surroundings. both OF the men tes-
titled that with these things before
them as happening during the later
months OF life. the subject would not
be competent on April .. 1915. 10 make
will Incorporating the legatees and
their respective requests.
Day Filled With Evidence.
The entire day was filed with evil
dence introduced BY the contestants,
and II is thought they will not conclude
their case until this evening. n at that
time. Miss Katie Hartman. friend of
Anna Mary Fellers. was the first to
testify. combining herself 10 telephone
conversations that she had had both
with the contestant and with Mrs.
Schmulbach
Miss Hartman said that she had
gone TO the bank on one occasion with
the contestant. and that Mr. Schmul-
bach had exclaimed, MY goodness.
why haven't you been TO see me soon
err" This. she said. took place In the
later years ~ Mr. Schmuibach's -.
\ further proof Of his interest in the
child was that he took occasion to
talk 70 and informed the little girl
~ the time hcr train would leave Tor
home that she might not miss 49,
Mrs. Henry Hartman. mother Of