The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-29

out Of breath raid ever 50 distinctly that he psrsey
undsrtood Its contents he obviously uttered impos
hsty, and demon stratsd as 1t 10 me- by the most
conclusive evidence, his incspasity to understand 1T
AL No man, may say NO lawyer after such reading
dra uld say he understood it perfectly unless from
blind impulse of dis ordered sanity. The jury TO whom
It was read and read deliberately and who were the
proper judges Of this question: and had right TO act
their own knowledge Of the ordir OF the human
intellect have in effect said that such an observation
BY Mr. Mason, made, was. in their view, ooncuve EVIL
dence that the dying in making it. although sti
aiming, to extent the power OF speech in fact
Dr.. Rensselaer, tsstiass. knew not what he said.
svinborre (vol !. 1897 speaking Of wills made at
the very point Of DEATH" and where the party doth
not OF his own accord make declare bis testament but
at the interrogation Of other demanding Of him
WIENER &C. answereth, yea or do So says, they are
attended with difficulty In 1t Ii to be pre-.
su%se ,naM the tsstsor Old answer yea rather 70 de-
upon devotion or intent to make his will because
IT for the most part painful and grevous to those that
be In that extremity, to speak. or be demanded any
question: and therefore are ready to ans <er yea to any
question almost, that they may be quiet which advan
tage crafty and persons knowing very WE'LL are
then most busy and Go labor with tooth and nail pro-
cure the sick person to yield TO their demands &C.
Such an whore the sick merely yields
altht nigh he answereh yes ito be deemed FOR tesla
ment" The jury in the case of Mr.. Mason, have
attributed to him he used them without knowledge"
And this conclusion it seems to me, Is strongly. and,
think impregnaby fortified by the corroborating and
correboraed testimony Of DR. Van Rensselaer,. who
the patient and convsrsed with him about hour
hour and half before he died. before he signed the
thu. sa MS
form ed at tbs time, that Mr. Mason whatever he might
have been hefore not then of sound mind The es
tmoby OF tho three female Witnesses Is to the effect
But this s not all DR.. Van Rensselaer, that Mrs.
Rebecca Jones came out OF the room he entere aud
that the nurse In and remained In during thu inter
vow and neither Of these persons pretsnds to contra
dict the doctor statement either to the particulars
OF the interview to the precise time when II took
place. Counsel 1t is true, have argued not that Dr. Van
Rensselaer, has given fse version OF the interview but
that be has made, rather that he must have rasde
mistake In fixing the day Of its And
to take argument, or rather ppored su7gss
ton, for evicence And that too when the witness
given us the names designations Of than three
may say four persors to rectify the OF date IL
there onef He says domestic opened the street
door for bim-an0ther domestic whom he then and thea
acting nurse, was In Mr.. Nasons room, and p.rtc
pated in the conversaton-snd lastly Mrs. Jones her
self (snd her affidavit admissible . motion for
Mafon's no (the witness) entered. Not
one Of the four-an livng-hss ventursi to
been applied to for her afidav that there WAS any
mistake In the Doctors chronology and yet on this mo
ton for new trial we are called upon by counsel with
Van Rer sssaer whom the Judge relies has mistaken
the day of his VISIT and that his testimony that
mistake urged suggested on the trial 1t Was net
thought OF thsI-t La not sworn to In my vie of
the evidence taken in connection with the absence Of
any adavt there no. the slightest color for the sug
geston Here, then. on the morning Of the 26ih Sep
tember Mr. Mason in the language Of Dr. Van Rsns
very sick man. SO sick that he Dr. Berger chad an
nounced to the family, he thinks between II and H.
ne was dIin and not only very sick III and dying
Dr. Berger's opinion, in state Of mental alteration,
tslkng and mntterins to hmsef incohsrently about
no SEES and CHEMICAL" and such like matte and giving
the most unmstakeabIe indie atoms to induce not only
the female domsstics but experienced physician to
At this dying hour, between II and - O'Clock in the
midst OF sevtre paroxysm braced up BY pillows be-
bird and da or cords before the ear Of the patient is
nouncpg that he :" had prepared will for him :" and
proposing to read it and it is commended that the dying
mans language the OCCASION in connection with the
contents OF the instumcnt is conclusive evidence that
his DESIRE among other things was and that he had
So. IT. Mrs Jones to N TO the Mes Jones'
estate IS to the realty for life, with remainder to his
children, and as to the personality absolutely and for
valent to than 500 600. shall assume although
not certain, that After the reading OF the instrument
IN answer to the lawyers question whether he uudsr
stood It, Mr.. Masons expression net merely nod
must be permitted to repeat lit impossible i'm
body was suffering" whose mind was "wandsring,o
whose speech was muttsrins," and whose whols being
as had Just been snnouDcsd" and as the result in
ton The Messrs Jones, 1t Is true stood BY and ~
have been ipnecently deceived into disbelief of the
fck mans incnpacity They felt the whole evidence
shows and they had strong interest And we all know
how dfculs 1t ia to convince aaainst his will and
now Olteu hNnOuRn convinced No remAnB "Ol the same
opinion still Even experienced counsel trained in the
school Of forensic vcissltuass sometimes exhibit the
in6rmi y: and when thwarted treat the opposon
they encounter judicial blindness, and in some in
stances, to oblige their clients personal offence
Blu, neither BELIEF disbelief alter the indubitable
facts Of the cafe or make that credible which in its
nature is palpably absurd to wit that special tesla
nentary Lstrunen Mt sixteen foos In length creating
trusts, powers, future estates, CONTINGENT limitations
and executory devises, drawn in haste +" necessa
lily, and necessarily read with much rapidity"
ard submitted discussed before, in draft or
dying man, after single reading and that without
pause observation, or explanation. True DR.. Berger
who was present At the ceremony, WHEN asked, his
frs examr alton what he thought the state of Mr.
kasons mind IT the time The viii executed also an
swered that 81 believe he understooA it perfectly his
understanding good" But is II not obvious that
easy faith o. one witness eBpec ally when in op position to
facts distinctly proved by four others insufficient to
establish On impossbility2 Dr. Berger moreover him
self admits that his patient at the time 10 the midst
of "part xysm Of great severity" that his susriug
very great that he had announced to the fami.
forgotten when INTERCEPTED as to Mr.. Strong mode
Of reading the will whether he made pauses in reading
It or not and that 1'he did not pay mush attention
How, then, could he siy eanno adopt with any Claim
to respect for mis- opinion that "Ar Mason undertook it
perfectly" Mr.. Mason upon the dos.e-'s own state
ment vas unable to nd it perfectly; and tns
doctor hinEel, upon his statement, was unable to
say SO. The language used by the DOCTOR 1t Is manifest
Of those loose Rodes Of expression sometimes
aortnty adopted by Witnesses and to taken with
the nre sort OF allowance as his to another In
terrcgatory, in which he Gays che Mr. Mason vas able
to sit up at IL ocock he sat Ave minutes before
he died." when tie fact wss the proof sub.
sequsntly showed that he could not lay down,
but for two or three days had been artciay bolster
ed up, bt in before and ind to prevent suocaion
But again, ssk, IL NJ. Masons uncers landing 80
good, ano his powers Of speech unim paired and il.
when the doctor "was there he "talked good 6eilu
and usually upon general subjects and never she wsd
any indications" OF mental alteration tbs do,o says
why not the subject Of his Documentary instructions
introduced ia the shole interval between the afternoon
of tne rs and O'Clock in the morning o. the 26.h
while the doctor and Mr. George Jones, as the former
swears were almost ptediy with hm2 Aud Why
again, at O'Clock when the draft will had been pre-.
pared for examination not submit ted Ne Mason
who was to execute IL, instead Of the Messrs jones'
were to take under in Acts told, spesk loude
Than words, and II might tie ,dded, ef fact
worth pound of opinion These maxims sre not only
esmntn sense, but vell established Law. CLARK VS.
Fisher, Paige lI2) Taking them aide the
II seens to me, inder endeny Of the tsstimos
Rensselaer, and tie three female witnesses, contains
perfect cognsyit OF tbs testamena-y OF
alleged .esator fo egsteeo II not twenty four hours
before HE death and full, justified the jsry In fading a.
they did that the nsru emit produced alth bearing
The unconscious is ste, not the will Of John Mssop
Before dismifspg his case may perhaps be proper to
remark that reviewing the argument Of the counsel