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

Dr. Berger and Mr.. Strong both testify that, in
their opinion, Mr.. Mason was, at the time he exc
cuted the will of sound mind, and that he understood
the will. DR.. Berger testified =
That at the time Mr. Mason died. he (Dr. Berger) and
Mr.. George Jones were in the room think thsre we're
ott ers present but not certain he died about
or quarter paat O'Clock cannot recoec the time
exactly should think hr Ms,on disd) three quarters
of an hou, or less after Mr. Strong left the room
When she was going down stairs for drink for Ar.
Mason she saw two gentlemen coming mp stairs one OF
to the cock Ito prepare the drink she was about twenty
minutes going dewp waiting for the drak, and ~ she
was soa s
OF the front door, she got TO Mr.. Masons door, Ms
jones out took the drink and went back into the
room and shut the door, leaving the witnesses in the en-
try; Mrs Jones said nothing few minutes after this,
she heard Of Mr. Nasons death Mrs Jones told her he
was dead. This WITH ess laid him out.
Ellen Graham testified
She in The parlr OF young John Mason, over the
street door, and heard the lawyer Mr Stong) go out
the carriage vas then at the gas placed young John
Mason in The carisge when she came back, met Mr.
George and Mrs Reb.cca jones the stairs, who toa
her MT Mason was dead this Was but few mo ments
after the lawyer left, should think not more than
ffteen-not much more, anyhow.
Catherine Riley testified =
On the day Mr. Mason died, she furnishsd drink In
the Kitchen handed to Mary Murphy who came down
in hurry for It heard Of his death in less than half
hour after this from the nurse-about half hour be-
tween her going up with the drink and her hearing Of
Mr. Mssons death.
facts Mr.. Mason was in the perfect pcssessio OF
his intellect down to and including Sept. %, 1889.
AS early as Sept 10 or H. he was conscious that he
must die soon thereafter, and that ne might die at
any moment. The subject Of making will was
thought of by him, and down to and including the
22d. he had determined not to make will. From
the ed down to the afternoon Of the 52th his body
and his mind rapidly decayed. On the night Of the
25th, down to and including IL O'Clock on the 26th,
Mr., Masons mind was in the past not present his
mind saw and spoke to and of subjects as being
present which were not present spoke OF the adj
mittance of facts which were not facts Disease aud
pain had placed him in that state of approximation
when the physical lives beyond the mental when the
mind is only present in the past Mr. Strong entered
Mr. Mason's bedroom at half past ii o'clock, and
left it again at five minutes before IL o'clock.
OF the twenty-five minutes Mr.. Strong was in
Mr. Mason's room, twenty OF them were con-
sumed in reading the will. The glass Of wa
ter which DR.. Berger gave to Mr. Mason
in Mr. Sropgs presence after the will had been
signed, was the last drink which DR.. Berger gave to
Mr. Mason; and Mr.. Mason died within five minutes
after that drink. Mr.. Strong reached the street
three minutes before IL o'clock. At IL O'Clock Mr..
Mason was dead. The will was signed by Mr.. Mason
not more than fifteen minutes before his death. The
only remaining question of fact is whether Mr. Mason
notwithstanding all the foregoing established facts,
was, during the twenty minutes Mr.. Strong was
reading the will, and the time Mr.. Mason was signing
and acknowledging it, restored to the possession of
dsposing mind, memory and understanding; for if he
was, the will is good. The testimony OF Mr.. Strong,
while it shows the presence Of approaching death,
making rapidty Of action on the part Of Mr. Strong
necessary, states facts which, to an intelligent mind
not cognzant Of the occurrences Of the previous TWEEN
tyfour hours consistent with the possession by
Mr.. Mason of disposing mind and memory; yet those
facts not Inconsistent with the mechanical per
Torrance by Mr.. Mason! of hsbitua business acts IL
the absence Of mental direction The jury, by thei
verdict found the existence of the latter fact In my
judgement, the evidence fully jastifes such concl1
sion. No direction of Court could as strongly indi
cate the result the jury arrived at as the simple
statement of the evidence in the chronological order
of events The motion for new trial should be de-
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