Page:Federal Reporter, 1st Series, Volume 1.djvu/589

 KILGORB V. OBOSS. 681 �and careful in the direction and management of his business, and the care of his property, attending at the stable whera his stock was kept early and late, exacting from his hired men the strictest attention to their duties, oonstantly super- vising them himself, and seemingly indisposed to trust the care and management of his stock to any one. He was a good judge of vehicles of ail kinds and horses, and knew their value ; was a shrewd and close trader in such property, and those who dealt with him had to pay full value for what they got. When his team ran away with him on the fouiteenth of July, and upset his coaeh, he was thrown from the driver's seat, and his head and other parts of his body struck the ground with considerable force. He was conveyed to his boarding house, and Dr. Barry, a respectable physician, of more than 20 years' practice, called to see him. The doc- tor found him sufFering from concussion of the brain, and a painful injury to the foot or ankle-joint. He was then, in the language of the doctor, "partially delirious, and his acts and speeches indicated a deranged condition of mind." The doctor saw him no more, but he testifies that the condition of mind in which he found him might have continued 10 or 15 days, and other witnesses testifythat there was no change in his condition up to the time the trade was made. Those who were with him during this time testify that he begged them to kill him, threatened to commit suicide, seemed utterly indifferent as to what became of his property; that he was in this condition when he directed his hired man to take his property to Little Eock and dispose of it; thathe was in this condition when he arrived at Little Kock, and during ail the time he remained there ; that he had to be assisted in and out of the hack, and could walk with difficulty by the aid of crutches; that he seemed to be suffering intense pain from his injuries, and had to be watched while in bed at night ; that the night after he got to Little Eock, in the absence of his watchers, he got out of his bed, and weni out in town at one or two o'clock in the morning to find a purchaser for his property ; that against the earnest protest and ad vice of his hired man he made the trade in question that mornitig; that ��� �