268

GEORGE M. BEARD, called on behalf of petitioner being duly sworn testified as follows:-

EXAMINED BY MR. STILLMAN.

Q. What is your business?

A. Physician.

Q. When were you first called to see Mr. Cooper?

A. About the middle of December last year.

Q. At the request of Mrs. Cooper.

A.-At the request of Mrs. Cooper. Dr. Helmuth called at my office and requested me to see him. I went to see him by their request, by the request of the family.

Q. Will you please state in what condition you found

* Mr. Cooper?

A.- Do you wish my diagnosis of his case?

269

Q. You may state to the jury what you found his con-
dition to be---What was the matter with him, from
your own personal knowledge of the case?

A. I found him to be insane with one of the
severest forms of insanity that are known. He had
the full characteristic, mental symptoms of general
paralysis, with some of the physical symptoms in a
slight degree. He had delusions of ambition and grandeur
and his moral nature had been affected very seriously.
I formed this conclusion after studying his case very
carefully—seeing him two or three times, and after
I had conversation with his friends and with him.
I formed this opinion not from any one symptom, but
taking them all together—taking the whole history
of the case, as well as from his appearance at the
time that I saw him—placing all the facts in
relation to each other, and in relation to his has
its and life, I came to that decision—that he had
gone into the earliest stages of the progressive para-
sis. That he had passed out of chronic alcoholism,
in which he had been and had already passed the bor-
der line—passed into the progressive paresis, with
the symptoms of the mental state of that disease
perfectly declared. I found his case not at all

270

peculiar. His type has been known for a long time.

The physical symptoms he did not have at all
so very strongly marked. ---There was some trembling
of the tongue his pupils were somewhat contracted
I then made the prediction that he would get a great
deal better. I told his friends that he would get so
much better, that they would say I knew nothing of
the case. That I was wrong. I said he would get so
much better that he would appear perfectly well. He
might remain well for a year, or for a few months,
and yet after all that, he would get worse again with
the full symptoms. He had had symptoms of exaltation
and of expansion. When I saw him he was passing into
the condition or stage of depression. I predicted
he would come into the stage of exaltation in time,
probably in the course of one or two, or two or three
years, and that the physical symptoms would probably
be more marked than he had at that time; more trem-
bling of the tongue, and his trembling of the lips
would be quite marked; and there would be difficulty
of gait in gait. There would be incoordination, and Mr. Cooper's
pupils would be unequal. Would be unequal in size.

Both were small, and abnormally small, at that time.
I made the diagnosis of this form of insanity, from
the whole history of the case—the delusions and

271

and his conduct, from all the facts so far as I could
learn them. I studied the case thoroughly. Mr. Cooper
was naturally a gentleman-kind to his family and
children, very indulgent. He was a man what un-
derstood his business—he liked to have everything
appear pleasant in his business. A man who knew how
to take care of his business—knew how to manage it.
I found that the exciting causes of the condition
in which he was then, was excess in alcohol an excess
in women, mainly—probably the excess in alcohol;
and that at the time that I saw him, his severe
conduct as represented to me was the result of pro-
gressive paresis. That he was doing every day, things
which though other people might do, he, Mr. Cooper, would have
cut off his right hand rather than to have done,
if he was sane. That was my opinion.

Q. What did you advise his family in relation to him

A. I told his family that I was very much opposed
to having patients of that kind, now matter how
insane they were, shut up by legal process. I told
them I did not like our present laws in that regard—
that I was trying with others to get the changed. that
they ought to be changed. And I cited cases
for them in which temporary relief at least,
had been obtained by quiet in the country. I think I

272

cited cases for them.

Q. I will ask you if at that time you entertained any
doubts about Mr. Coopers ultimate recovery?

A. Almost no doubt. I told them the first few
months of the insanity ---of insanity of that kind,
there was a little hope, but not much; and that if
he would be kept quiet and go off some where, he
might become a little better.

Q. Did you expect that improvement to become permanent?

A. All the chances were against it; but I did not
exactly take away all hope. I said I had seen so
many cases where there had been so much improvement,
at least for months, if not a year or more; and I
felt like encouraging friends of patients to make a
desperate effort, if there was a possible chance.

First I advised he should be taken away somewhere,
and stated that the forms of law were not at all
necessary. I told them it was a matter of great regret
that we did not have here, as they have on the Con-
tinent of Europe-in France and Germany, some half
way house where such patients could be put and watch-
ed and studied, without the forms of law, and see
what is best to do with them. I told them the
nearest approach to that, that we had here, were our

273.

inexhaustible asylums, and I suggested that they try some
of them. I mentioned some of them—mentioned some
private asylums—that it was not so much material
where he went, as long as he went where kindness
and consideration were shown him—where he was treated
kindly and with consideration. Everything done to
make it pleasant for him. I told them not to
blame him, nor chide him, nor censure him at all, for
anything he might do or had done. He was not to be
blamed for what he had done, as he was not responsible—no more than a man with small pox is to be blamed
for the marks or pittings afterwards.

Q. You gave a certificate did you not?

A. An informal certificate saying that he was in-
sane—simply a line or two—three or four sentences,
saying he was insane.

Q. Did you see him after he came back from Bermuda?

A. He came to see me this fall, about the 30th
or 21st of September. I hadn't seen him for the past
year until he came himself voluntarily to my office
to see me.

Q. What did you find to be his condition?

A. I found he was in the stage of exaltation. Fall
of delusions of grandeur—having exalted ideas. Say-
ing what he was worth, and what he could do. He spoke

274.

calmly, pleasantly and politely—more so than when I
first saw him. When I saw him he was going in the
stage of depression. He was entering into the stage
where he appeared quite different. I saw clearly,
though no one who is not familiar with these mani-
festations of insanity would see—I saw at once,
that he was perfectly insane. There would be no
difficulty in getting any quantity of evidence to say
he was sane, as he appeared in my office at that
time?

Q. You say he was insane?

A. Very insane. His conversation at that time
was full of these delusions.

Q. When you saw him the second time, did he manifest
any of the physical symptoms of insanity?

A. The same as he had when I first saw him. They
were not so marked. I was looking for them to be—
come more marked—The physical symptoms, to become
more marked. His gait might have appeared more
trembling. Often times the physical symptoms do not
appear after the mental symptoms, for a very long
time.

Q. How often did you see him in September and October

A. I think six or eight times perhaps. I am not

275

some of the precise time-half a dozen times probably.

Q. How long ago was the last time you saw him?

A. You mean before he was taken to the asylum.

Q. Yes?

A. What day?

Q. Yes, sir.

A. I don't recollect the exact date.

Q. About?

A. A little while before I gave the certificate

Q. At that time what was he, sane or insane?

A. Insane at that time.

Q. Is there any doubt about that?

A. No, I doubt.

Q. As a physician dealing with these kind of diseases do you consider Mr. Cooper a safe person to be at large-to have the uncontrolled disposition of himself?

A. No. There were three or four reasons why I advised his friends to take him to some quiet place-that he was liable any moment to kill himself or his wife, or those near to him. I made up my mind that he was naturally an affectionate person to his family. Esteemed them highly. From the history of the case I formed that opinion, and I formed that opinion from the general nature of these cases. His case particularly-that he was liable at any time

276.

to injure some one near to him. The insane are more liable to injure those whom they love.

Q. In relation to his business how would his condition be apt to manifest itself-to what results might it lead in his business relations

A. All the facts that were brought to my attention then. That he had made an important contract to buy a piece of real estate and had agreed, I was told, to put up a house-a very expensive house upon it, and in order to make the first payment that he had mortgaged his own house. There was nothing in buying real estate in that way of itself alone, as I say, that indicates insanity?

Q. That was a year ago

A. I am speaking of that. But for Mr. Cooper to do it at that time, I regarded as one of the evidences of his delusions of ambition and grandeur.

Q. I ask you whether his peculiar mental condition would manifest itself all the time in his business or whether it would be likely or apt to come out at any time?

A. Do you refer when I first saw him or since?

Q. I am speaking generally. You say he has general paresis.

A. Yes, sir.

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XX XXX

Q. Would that disease cause him to do things atones and constantly that were irregular in his business? Or would he carry his business on properly for a time and then not properly. State how that would be as a general rule, and how it would be in his case. What the danger is?

A. As to the probabilities? what he would be likely to do.

Q. Yes, sir.

A. ?He would be able to carry on the routine of his business in a very reasonable way. As a rule these cases are. But he would be liable at any time to make important contracts outside of the routine of his business which if carried out would ruin him in twenty four hours.

Q. In cases of general paresis is there such a disturbance of the power of expression as to attract attention at once?

A. You mean in his speech?

Q. In his speech. In the ordinary conversation he has on business matters

A. No, sir, I have never seen him when he exhibited symptoms of that kind in his speech, which would signify insanity to a non-expert.

278

Q. Notwithstanding that do you say he is insane?

A. Certainly I do for the majority of insane
appear perfectly sane. The worst kind of cases in
our asylums appear perfectly sane at times.

Q. Does insanity manifest itself alike on all occasions

A. No: All the insane appear sane at times or
all the time, to those not familiar with the subject.

Q. What manifestations do they give of insanity, if
they appear sane at all times?

A. They appear sane to non-experts, but insane
to experts-those who carefully study the subject and
are familiar with it.

Q. What do you regard now-are you able to say now what
will be the result of Mr. Cooper. Are you able to
say what will be the result of this disease on Mr.
Cooper.

A. He will get better probably--I would make the
same prediction now, that I made a year ago that he
might improve so much that those who are here, would
say I don't understand his condition. Didn't know
what I was talking about. He may get well for a
time but will never permanently recover. When I sug-
gested that he be confined it was with the idea
that he would get better for a time.

279.

Q. What is the result of these delusions of ambition and expansion?

A. The final result is almost always fatal. It goes on sometimes for a good many years, but it depends on the way in which they are treated.

Q. What would you say of Mr. Cooper. What would be the result with him?

A. It would finally go on in the course of years to dementia, with this alternation, getting better and worse.

Q. Do you mean to say he is incurable?

A. I do regard him as being incurable.

Q. And after dementia comes what?

A. Death. In some cases he might die of insanity, or he might die while insane of some intercurrent disease while insane. He might die in some lucid interval, which was not a permanent recovery. That is the rule in those cases. He probably will go on a good many years, provided he is kept away from the exciting causes.

Q. These exciting causes, doctor, you regard as what?

What do you mean by those exciting causes?

A. Wine and women in his case. And those are the most common causes in from one third to on half

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of the cases

Q. In the past two years of his life, are you able to say whether the manifestations of irregularity, and indisposition of conduct have been, or could be attributed to alcohol, or to paresis?

A. Alcohol has been one of the chief exciting causes. When I saw him, and ever since, he had passed out of the stage of chronic alcoholism and is in the stage of progressive paresis. I never saw him drunk. In these cases of which he is a type, they pass from this stage of chronic alcoholism into general paresis, as in this case. They go on to a certain fixed condition, which is independent of their drinking.

Q. If he were not under the influence of liquor would he be apt to manifest as much irregularity.

A. He would still have his delusions and still have moral disturbances.

Q. And would he still be dangerous to himself and others?

A. Yes. These cases are the most dangerous forms of insanity we have, because they appear perfectly sane to everybody who is not familiar with the study of insanity, as I have seen in my own experience.

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they are likely to kill themselves, or those nearest to them.

Q. When you told his friends that he was insane, how did they receive that?

A. They were astonished and I think incredulous. They thought I didn't exactly understand his case. They said he had been drinking freely, so far as I could find from them. They said he had been on a spree-had been drinking-in the ordinary use of that phrase, and yet they said there was something about it which they couldn't understand. It was one of the symptoms which bothered them somewhat. When I told his brother that he was insane-suffering from a terrible form of insanity he didn't believe me. He was astonished. He said I thought it was only a drunk, and I had from the beginning to urge his friends to take care of him. They were behindhand and not sufficiently prompt to suit me.

Q. Did you ever see him intoxicated?

A. I never did. There was symptoms of intoxication. I have no doubt that he has been. I have never seen him.

Q. Is Mr. Cooper's case at all different from other cases of the same class

A. It is not. It is a type of an increasing number

282

of cases- increasing all the time in civilized coun-
tries, and has been for the past twenty five or
thirty years, and cases of this kind when they come
into court, cause a great deal of trouble as this does.

Q. You gave a certificate for him to be committed to
the lunitic asylum on the 21st of October

A. Yes, I think so. I don't remember the date.

Q. Did you have any consultation with any other physician

A. I did not. I told the friends that the case
was one of great importance and ought to be very
carefully inquired into-ought to be studied inde-
pendently. I told them to get independent opinions-
go to some expert, without any consultation with me.

Q. Did they, so so?

A. Yes, sir. They went to Dr. Seguin. I didn't know
whom they were going to.

Q. Did Dr. Seguin agree or disagree with the result
to, which you came.

Objected to

Certificate of Dr. Edmund C. Seguin offered
in evidence. Objected to--Objection sustained
Marked for identification. November 22nd 1932

Q. Did you ever prescribe ether for Mr. Cooper

A. Never did. That is one of his delusions.

283

He thinks that I prescribed ether for him.

Q. I understand you to say that you regard Mr. Cooper as incurably insane?

A. I said distinctly that the probabilities are all against his permanent recovery.

Q. To make the matter plain what do you mean by permanent recovery.

A. To get well, and to stay well, and to die a sane man.

Q. Does that fact that he cannot become permanently cured--does that imply organic disease of the brain

A. I regard this brain organically diseased from the time I first saw him.

Q. You mean the condition from which he could not perfectly recover or permanently recover.

A. Yes sir.

Q. In organic disease, is there a change of the matter of the brain?

A. Change of the substance of the brain, which will ultimately destroy his brain.

## CROSS EXAMINATION BY MR. EDWARDS.

Q. When you first saw Mr. Cooper by whom were you informed of the facts upon which you based your diagnosis?

A. Partly by himself, partly by his wife, partly by

304.

his brother. partly I took it from Mr. Wheeler.

Q. Did Mr. Wheeler inform you that he had been addicted to the use of alcohol or alcoholic liquors?

A. All agreed to that.

Q. Did Mr. Wheeler advise you that he had been addicted to the use of that to excess?

A. All agreed to that.

Q. Did his wife advise you that he had been drinking to excess?

A. All agreed that he had been drinking to excess.

Q. And his brother informed you?

A. All agreed to that.

Q. Chronic alcoholism—that is he had got an alcoholic habit—would that be a proper term to apply to it?

A. I didn't mean that. I said he had been in a condition of chronic alcoholism, and now had him into progressive paralysis.

Q. And that was from the facts stated to you by those younhave mentioned—this disease I understand you has alternations extending over perhaps in his case, for some years to come?

A. Yes, but it's general course is rapid.

Q. At the time you examined him then, he was partly subject to the disease you thought — December 1981, was one of the stages unfavorable to him?

205.

A. No, sir, he was in a comparatively favorable condition when I saw him first--when he was in the stage entering on depression, which is so far more favorable than the stage of expansion and exaltation.

Dr. RANNEY:-- When was that?

A. In the middle of December 1881. Going into the stage of depression. He had been in the stage of exaltation and was passing into the stage of depression when I first saw him?

Q. That was the time you advised he should go away for rest? A. Yes, sir.

Q. He went to Bermuda soon afterwards?

A. Not a rest--no idea of a rest.

Q. Well then, change?

A. No, not change. It was to be kept away from the exciting causes of his disease.

Q. From drinking. Remained away from drinking to excess, so as not to continue to excite this disease.

A. That was one of the three or four reasons why I wanted him to go away. There were several reasons why I wanted him to be kept away from the City.

Q. He was in your opinion addicted to drinking to excess was he not?

A. That is one of the symptoms of his insanity.

Q. When you examined him in September Did you learn that

286

A. Oh Yes!

Q. For some little time previously?

A. I assumed he had been drinking. As I could find out, he had been drinking to excess off and on, all the time, as far as I could learn. Not every day I didn't understand it to be every day.

Q. Is it an evidence of insanity that a man in buying speculative real estate should mortgage his house to pay for it?

A. Not the slightest evidence of insanity. It is no evidence of itself alone—for it is a fact that an insane man often does what a sane man does. Taken of itself alone it doesn't amount to anything but taking all the facts in connection with each other is the way to make up a diagnosis.

Q. In September he was in a favorable condition?

A. He was passing into a comparatively favorable stage, exaltation—the stage of evaluation is worse than the stage of depression—there is a better chance in depression.

Q. What was his condition in October last month?

A. He had then returned into the stage of exaltation

287

Q. In October of this year?

A. He was in the stage of evaluation the time I saw him this year.

Q. The next stage would be a more favorable one would it?

A. He may go into that stage of depression. I rather thought he might.

Q. The succeeding stage would be that of depression which you consider more favorable?

A. Not necessarily. He might and I though very likely he would Sometime this year or next.

Q. Is Mr. Cooper to-day in a condition to be incapacitated for the conduct of his business and the management of his affairs.

Q. I should judge so. I haven't seen him within a few days to study him.

Q. How lately have you seen him?

A. He spoke to me a few days ago at the Hotel. He came up and showed me a copy of the Comie Paper. Judge, and asked if that referred to me - and had a little conversation about it. He still had the earnest sincere delusion that I gave him ether. He talked in that manner. I saw he was still insane.

278

Do you wish me to answer the question as he is at present-of his present condition.

Q. Whether his condition now is such as would incapacitate him from managing his ordinary affairs

A. The probability is --

Q. At this present time?

A. The probability is that he can go into his store and deal with a customer, in the sale of goods, part of the time, as well as he could ever in his life-it is generally so, in these cases, at this stage. It is also probable, and certain, that he is liable to make a contract or do some act which is of a most insane character and would destroy and ruin his business if it had to be carried out. It is also probable in all these class of cases. But his conduct at times to those who are not familiar with the study of insanity—who haven't studied these forms of insanity, he would appear to be perfectly sane. That is a rule in these cases not at all peculiar to Mr. Cooper's alone. His condition would be such, that I told his friends there would be no difficulty in any of these cases, or in other cases all over the world, to get testimony

290.

to say he was perfectly sane. This is not at all peculiar to Mr. Coopers case.

Q. This disease you say in his case, may extend over several years.

A. Yes, it may so.

Q. During that time he may be perfectly capable of taking care of his affairs with intervals when he would not.

A. The time might come that he would have an interval long enough when he could be taken care of outside of an asylum, and perhaps attend to business. I have never seen him in that state. But I could imagine it might happen. So cause I have seen in asylums persons who are further advanced than he in this disease—they are within a year or two of absolute death, and they have intervals of this kind, but still remain in the asylum because they know the ultimate result is death.

Q. You don't know whether Mr. Cooper has any delusions to night. Do you, at this present time.

A. I don't know anything about him. I haven't seen him to study him lately. I couldn't state from seeing him at a distance whether he has delusions or not.

Q. Are you able to state whether he is now competent

291

or incompetent, to manage his affairs at this present
mature?

A. I should state that the probabilities are
a thousand to one, that he is not, and ought to be
kept somewhere, by law or without law, where he would
be a way from all excitement of business and all
temptations before the question of his discharge
should be brought up.

Q. While he abstained from liquor he should be more
likely to be not incapacitated for the management of
his affairs?

A. If he should abstain from wine and women both,
there would be a better chance for improvement, but
not a very big chance.

## REDIRECT EXAMINATION, BY MR. STILLMAN.

Q. I think you stated that one of the reasons that
you wanted him to have retirement in December 1981,
was that he might have cast and be kept away from
the temptations of lechery and intemperance.

A. I wished him kept away from all business
excitement and from the two chief exciting causes,
wine and women—that is what I desired. I wanted to

292.

Work had not been accomplished. Put in a place where they would do all that could be done for him. Where he would be away from the exciting causes, wine and women.

### EXAMINED BY Dr. RANNEY

Q. I understand you that in December 1881 you then found him an insane man

A. Yes, sir.

Q. And you formed an idea at that time how long he had been insane?

A. I had a pretty clear opinion about that at that time. It was for three or four months or thereabouts that he had been insane. I don't think he had been insane six months. He had been in the stake of drunkenness off and on for years. That is not what I referred to, and he had been in the stage of chronic alcoholism, which is the first exciting cause of progressive paresis. I regarded him as being insane and as having passed over the border line --passed out of chronic alcoholism into paresis

Q. You got a history from his friends?

A. Yes, sir. Partly from friends and partly from Mrs. Cooper, and partly from Mr. Cooper himself and they all agreed with Mr. Cooper. In talking with me

293.

so far as I could find out. He told me the very worst thing about himself, and it agreed with the stories of his friends. He told them without any desire to conceal anything and I found that the stories agreed so far as the facts were concerned.

Q. What was the evidence that he suffered from alcoholism.

A. The history of the case. He had had delusions of persecution. He had displayed very severe conduct at times, and outrageous character-in that conduct.

Q. The delusions and this outrageous character that you speak of was the result of alcoholism.

A. In the first instance it was the result of chronic alcoholism, but he became worse and is now in a fixed condition of insanity. When he had not only these delusions of persecution but this expansive condition-and this greatness which are the peculiarities of general paralysis.

Q. Did you have a history that he had had any other symptoms of alcohol except the delusions and this outrageous character.

A. He had had headache, and I don't know that he had

294

hallucinations. He had had headache at times
and depression accompanied it.

Q. In a person suffering from alcoholism, are there not
symptoms that are very prominent?

A. It varies very much in cases. You see a great
deal sometimes in some cases --trambling--while in
other cases you see very little of trembling. No
two cases of chronic alcoholism ever look precisely
alike-no more than two persons who are well, look
precisely alike.

Q. Did you ever see a genuine case of alcoholism, un-
less there was trembling of the hands?

A. Apt to come to that sooner or later.

Q. Have you seen it

A. Yes, I have seen cases where they did not. It
varies at different times.

Q. In a person suffering from alcoholism, is it not
one of the most prominent symptoms that the brain
becomes so affected, that he cannot locomote easily

A. Not necessarily.

Q. Is it not one of the most prominent symptoms?

295

A. I am talking about chronic alcoholism. A person may suffer a good deal from alcoholism without showing the troubling symptoms.

Q. Did you ever see chronic alcoholism, without acute alcoholism.

A. With all acute diseases of every kind the chronic alcoholism is apt to follow the acute alcoholism.

Q. Does it not follow if you have chronic alcoholism that there must have been acute alcoholism preceding it.

A. There have been cases of it probably.

Q. Did you learn he had any acute alcoholism prior to that.

A. Off and on for years past.

Q. How did it show itself?

A. The way it generally does.

Q. How was it--you got the history?

A. By the usual symptoms. When a person is intoxicated and is under the influence of liquor.

Q. Did you learn from the family that he had been intoxicated?

A. At times.

Q! You say at that time that he had passed the

296.

border of general paresis about three or four months
that would lead back until the month of August or
the month of July that he had committed excesses
and also had these delusions--what caused them at
that time prior to that?

A. The condition of chronic alcoholism.

Q. What caused the excesses and these delusions at the
time you saw him?

A. The stage which he passed over ranges be-
tween chronic alcoholism and paresis--there is a
state where you have some of the symptoms of one
and the symptoms of another-which he passed through
and thus is not at all peculiar to the case of Mr.
Cooper.

Q. Did the delusions continue right along--do they.

A. They change when you get to progressive paresis

Q. What caused the paresis?

A. The exciting causes were excesses in wine
and excesses in women.

Q. That was caused by alcohol

A. That was one of the exciting causes.

Q. When you saw him in December 1 understood you to
say that you discovered that there were delusions
Are delusions positive proof of a man's insanity

297

A. Insane delusions are positive proof that a man is crazy.

Q. May not a man have delusions without being insane?

A. A man cannot have insane delusions without being insane.

Q. May not he have delusions without being insane?

A. Certainly all the people have delusions! The world is full of them.

Q. What do you say is the distinction between delusions and insane delusions?

A. An insane delusion is a false belief out of which one cannot be corrected by direct evidence of the senses.

Q. Are there not certain forms of delusions that they will reason upon---People will reason upon—and at the same time these delusions are not positive proof of an insane mind?

A. Those are general delusions. Where I can bring the facts directly to the senses and show that they are not so. Take the general belief in spiritualism—that is not an evidence of insanity—no more than the belief in anything else in the world

298.

because it is a philosophical belief. There is not necessarily an chance to bring it home to the direct evidence of the senses—but where a man believes he sees the spirit of his mother, and it can be brought home fully—directly to his senses, and his senses are good, that it is not the spirit of his mother, but a medium dressed up, he would be convinced of his error in that special case, though retaining his belief in the abstract principle of spiritualism—but where a man insists right against the direct evidence of his senses that it is the spirit of his mother, that is a sign so far as it goes of insanity. I believe that that finger is a glass and cannot be reasoned out of it by direct evidence of the senses, that is a good evidence that am器azy man and the probabilities are that I will never get well.

Q. Will you state that what Mr. Cooper was a suffering from at the time you saw him was the result of general paresis and not alcoholism?

A. Alcoholism is one of the prominent exciting causes of progressive paresis, and one of the doors that opens to paresis.

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Q. Can you say positively that the delusions that Mr. Cooper had at the time you examined him in December were the result of general paralysis and not of alcoholism

A. Precisely—the result of general paralysis.

Q. You say positively?

A. Yes I have said so—positively.

Q. The delusions that he had prior to the three or four months were the result of alcoholism?

A. Some of them—some of them were.

Q. Did you see him at that time?

A. I took all that from history.

Q. The signs of delusions what other mental symptoms had he of general paralysis.

A. His conduct in relation to women and the other loss of self respect which he showed in that conduct.

Q. Prior to the time you say he passed the border of general paralysis if the evidence we get to show that he was still given to sexual excesses how about that?

A. His sexual excesses that I am speaking of — of itself is not the point. It is the why you commit

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those excesses-- everything in relation to it.

Q. Is there anything peculiar about his eye?

A. At the time that I saw him in December the pupils were somewhat contracted but not very much so.

Q. Is that a proof of general paralysis?

A. Not necessarily.

Q. Is that condition usually found in general paralysis?

A. It is a condition sometimes found in the early stages of paralysis-of itself it would amount to very little.

Q. The quiver that you speak of, of the tongue. Was that marked?

A. Quite marked the first time I saw him.

Q. Afterwards?

A. At different times-it varied at times.

Q. Was it much so afterwards?

A. There was some all the time.

Q. Was there sufficient to authorize you to state that he was suffering from general paralysis?

A. That symptom alone?

Q. Yes?

A. No sir. I never make a diagnosis of general paralysis from one symptom.

Q. Was there anything in his articulation of words

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A. Not when I first saw him.

B. Anything in his gut.

A. Not when I saw him first.

C. You have seen him walk here in the court room

A. I haven't paid any attention to him. I don't know how he walks.

D. In general parasis of over a years standing how would you expect to find his speech?

A. Very different in different cases. You may have the mental symptoms alone without any physical symptoms. May have for a very long time, and then you may have the physical symptoms come on suddenly, rapidly, almost instantly. As I predicted a year ago would be the case with Mr. Cooper. I have seen many cases where they had the mental symptoms along time before the physical symptoms.

Q. What symptoms did you discover?

A. In his conduct and his delusions of ambition and grandeur.

B. Let us review for a moment. The delusions taken by themselves might exist in other cases ofangement of mind. May they not.

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A. The delusions of ambition I have never seen to pure alcoholism alone to that extent?

Q. The tongue. Was there any quiver of the upper lip?

A. Not that I noticed.

Q. Did you see it at all on him?

A. I have not noticed it, although I have looked for it.

Q. Did you test his memory?

A. I found that his memory had been impaired very seriously impaired at times--at times he would do things of a very positive character, of which he would have no recollection subsequently.

Q. For instance, he believes that I gave him other --He really does think I gave him other--that is due to his lack of memory. Some druggist probably gave him it and he believes that I gave it to him, and there were very many other things of that kind which I learned by

BY A JUROR:- What were his insane delusions?

A. His extravagant ideas of what he was worth and could do--his financial ability-power.

Q. How much did he say he was worth?

A. I don't know as he ever stated to me his wealth

303.

Q. What did he say he could do?

A. About establishing another house, and other things. Most of the facts have been brought out here in Court. Most of the things that have been told here, have been brought to my attention before and upon which I made my diagnosis. It would be merely a repetition of what has already been stated. I have nothing now. There was nothing more than what has been stated here. Except one matter that I want to mention--his ideas about his voice--taking singing lessons--taking singing lessons by himself, is not a sign of insanity--but for him at that time--Mr. Cooper to take signing lessons with the idea that he had a good voice, and with that delusion, was so far as it went, one of the signs of the special form of insanity from which he suffered.

Q. BY A JUROR. How do you know he thought he had a good voice?

A. I had that from his friends they told me.

Q. Did you test his voice? A. No sir.

Q. He may still have a good voice and you not be aware of the fact? A. It is possible. He might have a good voice I don't call myself an expert on voices. I only

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mention that as one of the facts.

Q. How do you know he was doing a good business. Did you know he was?

A. Yes, sir.

Q. Because he has an idea he could establish another house and carry it on is that an evidence of insanity?

A. No, sir. Not of it self. It depends on the circumstances of the case. Taken together with all the other facts in connection with it. The contracts he had made--some of them while he was insane--for him to go and start another house--for him Mr. Cooper--it might not be for me, or for anybody else--but for him to do so, it was an evidence of insanity. This very success that he has had in his business is the result of qualities directly opposite to those which he has exhibited while he has been insane. He gave me his history in full from the time he came to New York-His know how to manage his business understood it.

EXAMINED BY GOVERNOR ACERBACH.

Q. What do you say is an insane delusion?

A. A false belief out of which a person can not

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be divested by the direct evidence of the senses—
Can he be converted by the direct evidence of the
senses.

Q. Did you attempt to reason with Mr. Company in any of
his insane delusions? A. I did.

Q. Will you comment on what you did?

A. In regard to his business arrangements.

Q. Will you say what it was?

A. About his property. The first time he came to
see me this Fall he said, "On you are right about me.
you understood my case exactly—you understood my case
a year ago. I was crazy. I have got better now. At
that time it was a crazy thing for me to buy that
house. However crazy as it was I made a good thing
of it. I could have sold it for $110,000." I said to
him I hoped he would get that sum. An insane bar-
gain of that kind with the view of real estate would
probably turn out to be a good investment. It some-
times happens so and I am very glad that is so in
your case. He talked to me in detail. Nothing that I
said had the slightest influence on him in any way

Q. Did he not speak to you—was this not said to you
in a tone of pleasure?

A. No sir. Seriousness. Seriousness is one of the

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symptoms of insanity and has showed that always in
talking to me in relation to matters of business -
he was serious when he said that I gave him ether-
he said it pleasantly-politely--I tried to reason
him out of it-told him I never prescribed ether to
be taken by him or any other person so far as I know-
it didn't have an effect on him.

Q. Do his transactions about the purchase of the lot of 5th Ave, come within your definition of an insane delusion.

A. It does. Taking into consideration his means
his capacity for buying it. His taking care of it
and all the facts in connection with it, which he
could easily find out if he was a sane man. I do
not say everybody could. Mr. Cooper as a business man
if he was sane, could find out what his means were
and what he could do.

Q. You think his transactions about that lot come
within your definition of an insane delusion.

A. In the way he did it, yes.

Q. Have you told us the way in which he did it?

A. It has been brought out by other witnesses

Q. Have you told us everything that there was about it

A. No, it has been brought out by other witnesses

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It was referred to incidently by me. It has been brought
out by other evidence.

Q. Do you know the facts about that lot?

A. As they had been told me?

Q. Do you know what the price was

Q.

A. $65.000 And the offer which he received for
it?

A. I do not. I made one or two inquiries at that time to see what I could find out.

Q. You assume his purchase of the lot for $65,000
and the representations made to you at that time,
as an evidence of an insane delusion?

A. As one of the evidences that he was insane -
even if the lot afterwards sold for a very much higher
figure.

Q. Why?

A. Because for him at that time, to make a con-
tract of that kind, in connection with the other
contracts of the same kind which he had made while
insane, and the other things he was doing.

Q. What else was he doing?

A. All the facts that have been brought out here

Q. What were their peculiarity?

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going to extravagance in regard to horses--money
transactions &c., he told me about the stable --
when he put in the accounts of the stable in the
papers, he added about twenty five per cent to the
price he paid for it. This of it self, is not a very
important matter, I mention it as an inc ident
Any act that an insane man does a same man might do.
Anything that Mr. Cooper has done, a same man might do,
taking each act by itself, but the facts taken al-
together and in relation to each other determine
the diagnosis.

Q. What is there that you can state to this jury pos-
itively, when alcoholism ceased and general paralysis
began?

A. There is not. I cannot name the precise moment
or hour of the day?

Q. What was the change in him that indicated the cessation of alcoholism and the beginning of the disease as you have described?

A. The development of this expansion and delusions of grandeur.

Q. What would you say to the idea of him having a
horse stuffed and put in his window as an advertise-
ment, six weeks before the time you say he passed the

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border of general paralysis.

**Mr. STILLMAN.** A horse of his own killed and stuffed?

A. I do not know what the custom of that is in his line of business.

Q. Would you call that a delusion. Killing a horse worth a thousand dollars, stuffing it, and putting it in the window. Is that an insane delusion or a delusion of alcohol?

A. I should say that if he did that he was passing over that border I speak of-out of chronic Alcoholism into general paralysis.

**Dr. Rannoy:** That delusion may be on the border line?

A. There is no accurate measurement as to insanity
Adjourned to Monday November 27th 1882 at 4.30 P.M.