The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1924-02-20
Defendant
to Appeal.
His Case
Doctors Testify 10 Physical
and Mental Fitness of Ash
land Woman Attorneys
Husband.
Relatives Seem Pleased
BY X. G. PETERS.

WahOo, Neb., Feb. l9.--LeVl helseT,
20, must have guardian. This was
the decision tonight of County Judge
G.. n. Parmenter after listening to
testimony on the aged mans mental
competency for three days.
Hardly had the judge stated his
finding. before Chief Counsel for the
Defense Kelso Morgan of Omaha was
on his feet, announcing that an ap-
peal would be taken to the district
court and asking the court to fix
bond.
Judge Parmenter's decision fol-
lowed Immediately after J. III. Barry
had changed his argument and the
,rapidity with which it was announced
showed that the judge had arrived al
his conclusions some timc before. lie
did not even wait to read a NUMBER
of letters submitted by the plaintiff
in support of his petition Tor
guardian.
Keiser and his 4s-year'old bride,
formerly Mrs. Irene c. Buell. of Ash
land. were not in the courtroom when
the decision was announced, they
having returned to Ashland by an
early afternoon train.
Relatives Jubllant.
The aged mans relatives apparent
ly were jubilant at the finding and
their attitude toward the whole situa
ton was fairly well expressed by
Keiser's brother, Eli, who said, "How
could we have reached the. source
treferring obviously to the SECOND
Mrs. Levi Keiser) without doing II
Mat way. The case probably will
be in district court here sometime
in March. attorneys for the elder
Keiser said. Judge George +. Cor.
coran will be the presiding judge.
The defense called but two wit
nesseS Drs. j. F. .Lauretz and
i. G.. Way, this afternoon to prove
the competency of Keiser.
Both testified that they had ex
amined Keiser physically and men
tally and found him sound.
II tested his mental reflexes and
found them good" DIR. Lauvetz testi
fled. Il also made an examination OF
his heart and lungs and found them
normal. | would say that keiser ii
physically and mentally competent
Physically Fit.
He was followed by DR. Way, who
said he had been examiner for the
Saunders county insanity commits
sion for u years.
II found both his body and mint
g.
of his age" DIR. Way declared. ant
followed his statement with testi
niony that Keiser was medically fit
The testimony of the expert wit
nesses was marked by bitter verba
clashes between opposing counsel
Barry objecting vigorously to per
hitting either doctor 10 state that II
tally sound.
He was sustained by Judge
Parmenter, when he asked that re
ply by DIR. Way that Keiser war
competent 10 handle business be
stricken out.
Ruling Is disappointment.
~~The judges ruling was bittel
who pointed out that witnesses foi
the plaintiff. who had not been quail
fled as experts. had been allowed II
testify to keiser's capacity to TAXI
care Of his property.
There is difference between
medical and business copetency.
Judge Parmenter insisted, when Nor
gan urged the sdmittance of DIR
Ways testimony"
II don't think there is" Morgan
declared. 1.-THE doctor has testifie'
that compentency includes busines
competency" The judge declined 4
see the matter in the same light, an
the force OF the xprts tstimony wa
lost.
The defense did not rest until AZ
this afternoon. but argument wa
started despite the lateness Of tn
hour and continued until 6.
Bryant Opens Argument.
II. A. Bryant, opening the argr
ment for Harry Keiser. who brough
the action TO have his father declare
mentally incompetent, said that tn
gifts Of thousands of dollars to Mr'
Keiser prior to the old mans maj
iiage proved his inability to lool
after his own affairs.
His offer to fight Attorney Barr
proves our contention that he Is su
fering from senile dementia," he d.
clared. "He thinks he Is as good a
a man 80 years younger"
Plaintiffs attorney had preyiousl
declared that one OF the symptom
Of senile dementia was an enlarge
ego or "the big t. as they putt IL.
Answer Of Gentleman.
Levi Keiser said, I like the ladies
J could ask Mr.. Barry or you. judg
fhe same question and get the san
answer,' SAID Kelso Morgan. In h
argument. "It was the answer OF
gallant gentleman and Levi Keis'
is a gentleman
Morgan insisted that the questic
before the court was, Can a ma