The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-28
TWENTY-FIVE WITNESSES TIES
THY THAT COL. ScHMUIeAcH
WAS CAPABLE.
viii Contest Case Is Speeded Up and
at Times Grew Monotonous-May
Reach Jury Tomorrow.

Twenty-Five witnesses. including
business men. professional men ana
laoortng men and women. testified yes
terday for the proponents in the
Schmulbch will contest case now be
ing heard before Judge H. c. Hervey.
In every instance the witness said
that IN their opinion Col. Schmul-
bach's mental faculties were not i'm
paired during the latter years Of his
life. although his physical condition
was weaker.
Court recOnvened yeterday morning
after a recess OF over week due 10
the Illness OF Juryman George Ebbert
Every effort was made TO hurry the
case through. and when Nelson G..
Hubbard. the last witness examined
yesterday. left the stand the court adj
Journed until this morning at $50.
when the proponents viii continue
submitting testimony.
Proponent attorneys said yesterday
evening that they believed they could
finish their testimony before noon to-
day. II this be true, the conte stants
win offer rebuttal evidence, and there
ts reason 20 believe that all evidence
will have been submitted before even
ing. With evidence in. II Is rather
expected that the attorneys will have
"a day 10 argue the case. which at the
outside could not reach the jury be
fore tomorrow evening.
There were few features in the hear
ing yesterday. Mr. Henry Beu was
recalled for cross examination by tho
contestant attorneys. and an effort
was made 10 get a statement from
him that he had talked TO Harry
Bachman, in which he had said Col.
Schmulbach had told him (Mr. Beub
that Mrs. Schmulbach had directed
the drawing of the will now under
contest 4
The hearing was somewhat mono
tonous Practically the same direct
question was asked concerning mental
ability. and in most cases almost the
same answer was received. Efforts on
the part OF the contestants to wnng
negative answers from the Witnesses
on cross examination failed.
Morning Session.
Hon. Thomas W Fleming OF Fair
mont. was the first witness called
by the proponents. Mr. Fleming testi-
fled that he had known Col. Schmul-
bach for the past twenty Of twenty
five pears. and that he met him on the
train in 1915 going 10 Fairmont. Their
conversation, according 10 the wit
ness. dealt with his selling of his
street ear line. and the investment in
the SINNERS tavern AT Fairmont.
The witness said that ne talked
flucntly OF intended improvements and
that he did not show any lapse of
memory or perCeptihle dullness in his
mentality. Mr. Fleming stated that AT
the time OF the last meeting with the
colonel he would say he was able 20
transact his business intelligently and
well.
Frank Hare Called.
Mrs. Frank Hare. local master plum,
Der. was called 10 the stand and stated
that he had known Col Schmulbach
for forty years and that during that
time he had done considerable work
for him both al his home. the bank and
the brewery. Coming down 10 the lat
ter years of his life. Mr.. Hare said
he installed some pumps at tho
Schmulbach home i'm the year 1915
The witness said that be saw the
colonel twice q month for the past
few years OF his life. and although he
noticed failing In his physical condi.
ton he did not notice any failing n
his mental ability
DO you believe that in April. 1915
he was able 20 conduct the business
affairs of his life" was asked
He was fully competent MT Hare
answered
H. c. Ogden Third Witness.
Mr.. II. G.. ogden. newspaper pub
Usher was the third witness on the
stand for the proponents. In his pre-.
liminary testimony he said that be- had
known the colonel for twenty years
and that during that time he mad
known him IN business way MI
ogden stated that in October. 1874
he met The colonel by appointment az
Ms nome. where UnllflCtl dts
Cussion between the witness. tn,
colonel and several others was had
Asked To- whether Col Scumlbach mad
made any expressions of the outcome
a. the election. the witness said he had
The witness said that at that time
the colonel did NOT show "a mental
debility. and although he was feeble
his cane was all the assistance ne
needed Mr. ogden stated upon cross
examination that the colonel was not
nearly 20 spry as when me- first knew
him and that his hearing was some
what impaired
County Engineer Called
County Road Engineer George "
Steenrod followed Mr. ogden on the
stand lie said that boz had known
Col Schmulbach since 1908. and that
he had met him in bis work as an on
Eineer and, in fact. was employed by
him in that year on tho City a. Elm
Grove street car line and also m,
Fairmont Construction company Dur
ing later years. the county engineer
said. h. had conferred with tho colonel
about The placing Of "a road and also
OF the location OF "a lodging house.
Mr. SteenrOd stated that no. noted
physical impairment hu' did not
note even Tho slightest mental deter
1uent Upon cross examination he nsid
be did not work directly with mo