The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-28

that on the evening of the 10th, Mr. Mason told him
that Ar. Strong would come me next Gay and bring
10 IT, This statement Of Mr.. Mason that Mr.. Strong
would be there the next day, was not founded in
fact, because at that time Mr. Strong had made no
appointment to be there; the only appointment
made by him was with the Messrs. Jones, to meet
them at his Office in the morning at o'clock, to ex
anime the draft OF the will During the night of the
25th the evidence establishes that Mr.. Mason had
continuous paroxysm OF pain that part Of the
time he was speechless, and did not know what was
occurring; that they +" had to rub him with brandy
to bring him to-" that Dr. Berger along side Of the
bed in tones sufficiently loud to have been heard by
Mr. Mason, had he been sensible, stated to Mr. Isaac
Jones IL was useless to give Mr.. Mason anything
that all that could be done to let him be as quiet
as ne could" On the morning of the 26th Of Sep.
TENDER, the Hessrs. Jones, according to appoint
ment, called at Mr.. Strongs Office at o'clock and
had the will read over to them. After the will was
read and by them approved, there we're great exer.
tons made to obtain its immediate engrossment,
in which efforts the Messrs Jones participated.
There was no time specified when the will would be
epgrossed-no time appointed at which Mr.. Strong
would be at Mr.. Masons with the engrossed will.
Mr. Isaac Jones remained some time at Mr.. Strong's
office door with carriage, to take Mr.. Strong with
the will, as sOon it should be engrOssed to Mr..
Mason's house. When the will was finished Mr..
Isaac Jones had left, and Mr.. Strong obliged to
procure hackney coach totake him to Mr.. Aason's.
During the morning Of the 26th Of September while
the transactions were occurring at Mr. Str0ng's
office, the evidence shows the following facts and
incidents transpired in Mr. Mason's bedroom:-Dr.
Berger had been with Mr.. Mason all night, and re-
manned with him until about O'clock when he left
He returned between and o'clock; stayed short
time with him, then went away, and returned about
l0A o'clock, and remained with him until he died.
Dr. Berger tesifes that when he was leaving Mr.. Ma
sOn upon one Of these occasions that morning
Mr. Msssn requested to be present at about IL
O'Clock, that day. to witness his will when went
be back when the gentlemen would b. there to sign hi
| will
| Dr. Berger does not state when this conversation
| took place, whether before he left at o'clock,
before he left little past O'clock in either event
| however, Mr.. Mason could not have had reason to
know the hour Mr.. Strong would be there with the
will, because Mr.. Strong did not know; he had
made no appointment on the subject and the Messrs.
| Jones were then down town assisting Mr. Strong
| to procure copyst, and were waiting to bring Mr..
| Strong up. The condition Of Mr. Mason, physically
and mentally, on that morning, as described by the
Witnesses and in the order Of time spoken Of was
| folows:-
Mary Gillan-was in the room early In the next morn
ing (2e at 81s o'clock it might have been earlier
he half sitting up in bed against chair behind him.
with pillows to support him, with piece of board in
front to support him to keep him from leaning over he
cared weak and his eyes water good deal: at
that time in the morning he prasng the coachman
saying he was good co.chmAn for working hard Mr.
Mssons watow looked into the yard towards the ftabe
it not the fact that the coachman not there
sad he was faithful ,hmsn he spoke if he saw
the coachman there ct his work the coachmau was not
tell Mr. Mason Of his mstake did not like to contradict
1 him.
Ellen Graham
Was twice thrice In Mr.. Mssop's the day he
died Hrst in about breakfast time went In
he wants anything and to see how he did; Mary Gil
witness spoke to him thioAs Mr. Mason made
he his head LITTLE h,a but did no, ,nsx:s he ap
| notise a anything
MAey Murphy
only MI MASON was taking or mutterng to himself
cannot exscty ten how long ne talked and mutsred to
nothing else peculiar about him.
DR.. jeremiah Van Rensselaer,, on she morning Mr..
Mason died. went into his room after breakfast be.
| fore o'clock.
him. between him and the fireplace; that he
be the nurse. Winners addressing Mr. Mason, said :
you do sir, or how do ysu do, Doctor" he then said
thing about horses In the yard. Wnes asked the
all the morning that man had the horse the yard
Witness asked the servant the had the horses In
the yard? At the time witness advanced to the win
dow and looked into the yard himteh the smiled
| and said " BE did not know what he saying-he
often wandered" witness felt very sorry and left the
room; when witness looked he saw there horse
In the yard 1t very evident Mr. Mason did not under
| stand what he Mr.. Mason, was speaking about. Con
Mr. v Mason very III nan u ~, ne died
diaely after it occurred. Mr. Msson did not appear
pable Of carrying on . conversation At that time.
Ellen Graham again went in between IL and IL
o'clock
Mrs. Jones called her in to bring oovsrld for Mr.
Masons bed, for there two gentlemen coming In
few minutes she laid the coved the foot Of the bed
at this time she thought he was dying; he mu ;h
n.r with stick or rop. in 'front.' he could not lie dc.
not SPEAK a, all he might roi his head around he did
not appear in much agony this ond time she did not
speak the water was running out Of his eyes both times
his eyes were CLASSY like death dont think he looked
up or noticed me- his face aad eyes were not natural
abe had them before; Mrs. Jones' this
she told her to straight ont and let person In,
those gentlemen were expected.
At the conclusion Of this last testimony Mrs. Jones
was left alone with her father The mex: fact in or
der Of time is, Mr.. Strong testified
reached Mr.. Mason's house Lit lie or some VIA
after eleven o'clock it might have been more tha,
late becau.e after the will executed had lsf
the houfe looked at my watch, aud it wanted few
cannot judge accurately to the length of time
! the house.
Upon Mr.. strong's reaching the house he was me,
by Mr. Isaac Jones, and Immediately by him con
Quoted to Mr.. Mason's room. He then, when hi
first went in, saw Mr.. George Jones and DR.. Berger
He was not formally introduced to Mr.. Masan, fo
they bad known each other for many years. Mr.
Mason was sitting up, supported by holsters at his
back
1 think spoke to Mr.. Mason, asked him how he did
and told him had prepared will for him, which had
brought, and asked him il should read it to him. d.
not reoollect positively whether Mr.. Mason
either or both these questions bnt my Impression de
cidedy that he requested to read the will to him
cannot say positively that he sisned such request By
words but my impression is that he tignsd his reques
by words; but hat those words do recolect
perhaps orght 20 add that during my stay Ia hs
Idiscovsred difficulty in bis speech my IMPRESSION
decidedly that he requested read the WILL tn
Is in to my question whe Their should read it.
said yes, something to that effect; do not believe
that derived knowledge Of his assent my reading
will from his looks and gestures merely; and yet ought
TO add that cannot reoal the precise Giro
my present recollection.
After addressing these questions to Mr.. Mason ani
receiving the answer
|
his side; eadeavored to- and bsleve did, read tn,
will audbly correctly and distinctly, but the
time having noticed that Mr. Mason appeared to l4bo
very much in bre .thipg and understanding ms wa
his end Iresd it with much rapdity deemed L
be ctmpauble will Of mr. duty In reading the vii
10 him. 1t while reading the viii that the twe
ladies' Mrs Laac and Colford Jones) into the ro m
and observed, after had finished the reading OF the
will that they bad left the room; did not the ladies
until they came into the while reading the
will Tread tue will through without psusng and. hav
ing done asked Mr. Mason in reference the whole
To riiculEr IL zKhafhar ha