The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-14
WITNESSES SAY SCHMULBACHS
MENTALITY WAS NOT IMPAIRED

dence had been submitted as to such
promises having been made
Contested points in the evidence
were bitterly fought. the attorneys
using every opening to strengthen
q their respective cases. Every effort
was made by the contestants TO read
into the record at least. or to have
submitted in examining testimony, the
ante.uptial contract between MIR. and
Mrs Schmulbach. but they were un-
successful. Judge Heryey first ruled
that the paper should not be produced.
and secondly that Clerk Wells did not
have TO appear 20 testify as 10 con-
tents.
Secondly. they tried to show by a
proponent witness that in the last two
years of his life. Col. Schmulbach
made unwisc business deals, that ne
permitted his bank to make Illegal
loans. that ne. at one time. discounted
note larger than the capital of the
bank itself. and that he had lost at
one time $2OO. 900 in a deal. This was
+ blocked, the presiding judge sus
/ talninc an objection OF the proponents.
krupp a Star Witness.
D The rcbuttal evidence OF the pro
ponents in which they combatted eyi-
dence that Col. Schmulbach was men
tally inCapacitated. was undoubtedly
strengthened by Attorney w. r. krupp
who testified To business dealings with
Col. SChmulbach during the latter part
OF his life. and also of a conversation
between Mr.. Schmulbach and +. W.
! Stobbs. contractor. Regarding these
instances. the witness said. without
reserve. that Col. Schmulbach pos
sessed his mental faculties TO very
marked degree for a man OF his years
and. in his opinion. was capable or
handling his immense interests.
{ Evidence TO be offered today by the
proponents cannot be comprehended.
Judge Nesbitt and Mr.. Hubbard We're
asked as to along what lines they
would proceed today and both Jokingly
! remarked. "wc have our fingers
crossed" II is reasonable to suppose
{ however. that they will use a number
Of prominent physicians in an effort
TO break down the expert testimony
offered on Wednesday by the contest
ants.
They were also non-committal as 10
when they would finish their side OF
the ease. but It is now thought that
the hearing viii continue until Satur-
day evening. and may extend into
next week Under the rules of law
the contestants have the right 10 Of
fer witnesses TO rebut testimony OF
the proponents. and this will be done.
Proponent Attorney on Stand.
The morning session opened with
Nelson {. Hubbard. attorney for the
proponents. as the first witness for
the contestant. this being his second
appearance in the witness chair since
the hearing opened Monday morning
The attorney was asked concerning
Wills in existence before the one now
in contest. These wills. he said, were
written. one in 1907 and one in 1913
and that ne also wrote the paper writ
ing now being contested
Did YOU keep copies Of those Wills
was asked.
b. Il have rough copy Of the vii
OF 1913 and rough sketch OF the vii
OF 1907"
Nr. Hubbard was asked for and
produced the papers Of which he spoke
These were read TO the jury in theil
order written.
The 1907 VIII.
Judge Nesbitt read tho 1907 will q
the jury. II was dated November IL
1907 II provided for the payment nj
debts and funeral expenses and mad,
b bequests as follows: Children's HON,