In re Bearden

• Decision Date: 07 October 1935
• Docket Number: No. 5543.,5543.
• Citation: 86 S.W.2d 585
• Parties: In re BEARDEN. RHEA v. YOUNG.
• Court: Missouri Court of Appeals

86 S.W.2d 585

In re BEARDEN RHEA v. YOUNG.

No. 5543.

Springfield Court of Appeals. Missouri.

October 7, 1935.

Appeal from Circuit Court, Reynolds County; E. M. Dearing, Judge.

"Not to be published in State Reports."

Proceeding in the matter of the sanity of James P. Bearden, by W. Rhea, opposed by John W. Young, guardian and curator of James P. Bearden, insane. From a judgment of the Circuit Court finding that the insane person had been restored to his right mind, affirming a judgment of the Probate Court, the guardian and curator appeals.

Affirmed.

Roy W. McGhee, of Piedmont, Wm. T. Powers and C. I. Hoy, both of St. Louis, and Ray J. Cunningham, of Jefferson Barracks, for appellant.

M. W. Henson and Lawrence E. Tedrick, both of Poplar Bluff, for respondent.

ALLEN, Presiding Judge.

James P. Bearden on August 16, 1918, was by the probate court of Reynolds county, Mo., adjudged to be a person of unsound mind.

The present action was instituted by William Rhea in behalf of Bearden and against John W. Young, then guardian and curator of Bearden, for the purpose of having Bearden adjudged sane, and capable of managing his own affairs.

Pursuant to the provisions of section 493, R. S. Mo. 1929 (Mo. St. Ann. § 493, p. 298), Rhea instituted this action in the probate court of Reynolds county, alleging on oath that Bearden had been restored to his right mind, and praying an inquiry to determine the then mental status of Bearden. The first inquiry was held before the probate judge, without a jury, who decided adversely to the sanity of Bearden. Whereupon Rhea filed an affidavit, alleging that Bearden was aggrieved by the finding of the court, and requesting a jury trial in said cause, as provided by section 493, R. S. Mo. 1929 (Mo. St. Ann. § 493, p. 298).

Thereafter, on the 21st day of October, 1933, the cause was submitted to a jury in said probate court, which found that Bearden had been restored to his right mind, from which finding Young, guardian, appealed to the circuit court of Reynolds county, where the cause was tried de novo, resulting in a finding that Bearden had been restored to his right mind, from which judgment Young appealed to this court.

It appears that Bearden, on May 3, 1918, enlisted in the navy and shortly thereafter was injured and placed in a hospital, where he remained for a short time. After his release, on the 16th day of August, 1918, was adjudged incompetent and a guardian was appointed for him by the probate court of Reynolds county. Several times after that date he was placed in various government hospitals; one at Knoxville, Iowa, where he remained from June, 1921, to May, 1925. At the time of the trial of this cause and for a considerable time prior thereto, Bearden was receiving the sum of $157.56 per month from the government. These payments had accumulated so that at the time of this trial his estate was valued at between $18,000 and $20,000.

The issue herein was whether Bearden at the time of the trial of this case was restored to his right mind.

The cause was tried to a jury, which returned the following verdict: "We, the jury, in the above entitled cause, find that James P. Bearden had been restored to his right mind."

From which verdict and judgment thereon, defendant appealed to this court.

The Evidence.

Including Bearden, 15 witnesses, 5 of whom were physicians, testified for respondent. Nine of them were laymen who resided in Piedmont, where Bearden lived, and had known him more than a year previous to the trial.

Dr. Toney, who had practiced medicine since 1880, had known Bearden subsequent to his return from the government hospital, and had observed him frequently after his return. Had been called upon to make an examination of him some six months previous, and testified that it was his opinion that Bearden was perfectly sane. That his experience in medicine had been largely along the general line. That while he had not made a specialty of the study of mental diseases, he knew of the disease called dementia præcox. That his examination of Bearden was had on the question of his mental condition. That since his return from the veterans' hospital he had noticed him and that he appeared to be perfectly sane.

Dr. T. C. Pyle testified that he had practiced medicine 44 years. Had known Bearden for five years. Saw him almost every day for several years. Had conversations with him from time to time. That in his opinion Bearden was sane. That he had made two examinations of Bearden, one of which was about six months previous to the time he gave his testimony, and the other was a day or two before, when he gave him a physical examination and had conversation with him for quite a while. That, while he had not specialized in mental diseases, he made his examination with the expectation of being called upon to testify as to Bearden's mental condition. That he knew something about the disease known as dementia præcox, and had studied it. That one might be afflicted with that disease, but upon recovery might be safe to manage his business. That he last examined Bearden Friday, previous to his testimony. That he found him to be in about the same physical condition and mental condition as when he examined him six months previous.

Dr. Charles H. Jones said that he had lived in Piedmont for two years previous to his testimony. That he had practiced medicine since 1898. That during the two years he had lived in Piedmont he had known Bearden, and had seen him frequently. That he examined him the day before at his office. Had kept him in the office about an hour, and that from this examination it was his opinion Bearden was then sane. That he saw nothing about him that would indicate that he was irrational. That he took a stenographer to his office and propounded the questions to and took down the answers of Bearden, and presented them in connection with and as a part of his testimony. That he did not claim to be a specialist, nor to have specialized in the diseases of the mind, but, from his examination, it was his conclusion that Bearden was sane.

Witness Abernathy testified that he was a minister of the Baptist Church, at Piedmont. That from his talk with Bearden he thought he was like any other ordinary citizen, and that he considered Bearden as able to manage his own business as any ordinary citizen.

L. M. Church, city marshal of Piedmont, said he had known Bearden for 20 years. That he saw him frequently during the last year, and talked to him most every day. That from his observation of Bearden, and the conversation he had with him, Bearden was, in his opinion, sane. That he had not observed anything unusual or wrong with him.

Willard Rhea, who brought this suit, in behalf of Bearden, said that he was a merchant at Piedmont. That he had often seen and had conversation with Bearden. That he filed the affidavit for him to start this proceeding. That Bearden had asked him to do so, and that from his observation and the conversations he had with him, he thought that Bearden was as sane as other people.

Witness Oscar Sheets had known Bearden since about 1919. Had observed his conduct and actions, and had seen and talked with him frequently during the year previous to the filing of this case. That he thought Bearden was sane. That he saw him on an average of two or three times a week, and, as a merchant, had dealings with him. That it was his opinion that Bearden was capable of transacting his affairs.

T. W. Harris testified that he lived in Piedmont. Was in the mercantile business and knew Bearden. Had occasion to see him and talk with him during the last year, sometimes once a day and sometimes two or three times. Said that he acted like any other sane man, and that he thought he was sane.

Witness Robert B. Osborn, a lawyer, of Greenville, Mo., was prosecuting attorney of Wayne county, and had been about four years. Knew Bearden for several years. Had often seen him when he, witness, had an office in Piedmont. That since witness had been in Greenville he had made frequent trips to Piedmont. That upon his observation and conversation with Bearden he regarded him as sane.

Z. C. Smith, an attorney, testified that he lived in Piedmont. That he had been practicing law since 1903, and was city attorney of Piedmont. That he knew Bearden and had often seen him around on the street. Sometimes saw him every day. From his acquaintance and observation, it was his opinion that Bearden was sane.

O. C. Lucy testified that he had lived in Piedmont for 25 or 30 years. Was in the garage business. Had been mayor of Piedmont and had known Bearden all his life. Knew that he had been in a government hospital for some time. Said Bearden came into his garage a good many times and talked with him probably three or four times a week. From his actions and conversations, he believed Bearden was sane. That he, Bearden, had been absent four or five years, when he was in the army, and witness did not see him, but thought from his actions since then that Bearden was then sane.

J. R. Merryman testified that he had lived in Piedmont nine years. Was a justice of the peace, city police judge, and notary public. Had known Bearden since he had been in Piedmont; had a few conversations with him, usually on the street. From his observation of Bearden's demeanor and conversations, he thought he was sane, and an average citizen.

Bearden, in his own behalf, testified that he had lived in Piedmont since 1926. That from 1926 he had not been employed. That for a while he tried the chicken business, but did not make any money on them. That when he decided to institute the present proceeding he went to Poplar Bluff to consult Mr. Tedrick, then went to Mr. Rhea, the respondent. That he had but very little money. That he tried to get some money from his guardian, Mr. Young, but he said he would not let him have money to fight a lawsuit like this, and refused to let him have any money. That he was 46 years...