The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-28
PROPONENTS WILL FINISH THEIR
TESTIMONY BEFORE NOON TODAY

colonel, and that during later years
Col Schmulbach always noticed him
in the bank. but never on the road.
Or. o. w. Burdatts.
Or. o. W. Burdatts was the NTH
witness called by the proponents. ana
said that during the last ten years OF
MS life he had worked for him pro
fissionally. The witness said that he
had him in the chair April s. 1915. and
on that occasion he had talked intel
ligenty upon subjects in general ana
horses in particular.
The witness stated that on that day
the coloncis memory did not show
any impairment. and that he was of
The opinion that on that day be was
able to carry on the business affairs
OF his life. Asked as to whether he
thought that same condition existed
April ). the witness said he presumed
II had. on cross examination he said
he did not see the colonel on April 3.
and that he may have been i'll ON
April 3.
w. w. Irwin Called.
Postmaster W. W. Irwin was called
TO testify as witness No. g. and said
that he had known Col Schmulbach
since 1854. and that during that &C
quaintance the colonel had been a
patron OF his drug store. Mr.. Irwin
said that in October 1914. the colonel
had come TO the drug store and asked
II there was anything he could do To
assist him (AIr. Irwin in landing the
postonice. At that time. according TO
the witness. Col Schmulbach did not
show lapse of memory or any i'm
pairment OF his usual mental ability.
lie was cross examined by Mr.. Ritz.
and stated that the colonel went on
periodical sprees and that prescrip-
~ Il of I'M
at a place other than his home.
Others Testify.
Mr.. Lou +. Halter. president of the
board OF county commission was
next in the witness chair and testified
much the same as did Road Engineer
Steenrod. The witness said that he
had known Col Schmulbach all of his
life, and that he never noticed that he
was childish. Asked the usual Ques-
ton as to mental ability he stated
that he appeared to be all right.
Hon. Julian G.. Hearne said that his
acquaintance with the colonel had "a
tended over long period of years
and was particularly close for the past
twelve years. He told of visiting the
colonel on a political mission with
Mr.. Ogden. when they discussed party
prospects and finances of campaign
He. TOO. said that the colonel was alert
and did not show any failing in his
mental abality on cross examination
he said he noticed failing in his
physical condition.
Miss MAY Mathcr. typist in the
offices OF Hubbard and Hubbard. told
Of the colonels legal business with the
law firm. She stated that he came
into the office once a month.
DO you remember the execution OF
his will of April, 1892"
Yes. sir"
We're YOU al the office that day?
Yes sir
Who came in with the colonel"
Mrs. SChmulbach came at Mr.. Hub
bards request
Miss Mather said Mrs. Schmulbach
remained with her while the colonel
conferred with MIR. Hubbard.
DO YOU remember the execution OF
Yes. sir. Colonel Schmulbach came
in on March 81 and gave me the data
for the will"
Who came with him.
NO one
Wines told OF Col. Schmulbach die.
tating changes To be made in the orig
inal will. only she and Mr.. Hubbard
were present. The execution OF the
will was told Of Mr.. Schmulbach com
ing alone on this occasion also. Col.
Schmulbach read the typewriter copy
OF the will and signed ~ after calling
two witnesses from the German bank.
Did the ColOnels mind seem alert
on that OCCASION
He seemed entirely lucid 10 me
Anything TO indicate breaking
down of his mind2'
No. sir
Did you regard him OF sufficient
mental ability 10 conduct the ordinary
business affair Of hfe2"
He certainly had that abality.'
Miss Mather denied any knowledge
Of au dnetuuptial contract. She re-
viewed the execution of the 1913 will
saying that Mrs. Schmulbach was in
conference with Mr.. Hubbard and Col
Sthmulbach for a few minutes only.
Court adjourned until 100.