The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-14
The Great Mason WIN Case.
SUPREME COURT CIRCUIT.


Before Hon. Judge Roosevelt.
JAN l3.-ln this case the Judge delivered the fol-
lowing Charge
JUDGE RoOsEvELT's CHARGE.
la the Mailer Of Prori,,g The alleged wa Of Jain Kason
eeose-J have hesitated gentlemen, whether charge
yon orally in this or from written notes Whatever
may be the result exceptions will probably follow. 1t
would theretoreasa matter Of greater accuracy
and not involving greater labothat the principal part
at least Of what may have occasion to say TO you should
be reduced to writing, in advance.
The is Of deep interest to the parties and,
from the audience attending for many days
may infer, OF some interest to others.
1t has been prepared with great skill and industry and
leaving little for the Court to do, except recall some
few Of the prominent features of the evidence and
to state the law the Court understands it, applicable
to the points in issue.
We to inquire, gentlemen into Mr.. Masons mind
to subject it to sort of post aore examnation.to
certain practicable with the lights with which
have been furnished the and the purposes of that
mind and before the 26h Of September 1872 the date
Of his alleged viii and the day of his death
With the legality, gentlemen of the jury, Of the pro-
visions contained in the paper which forms the subject
OF this controversy you have nothing to DO
future estates created in it attempted by valid
void question: not already settled to be disposed
OF elsewhere and on another occasion.
Except in an incidental point of view to which shall
presently advert you may dismiss the contents Of the in
strument entirely from your consideration.
Assuming these provisions to be valid, assuming
them to be void the question still remans-thc question
the last VIII Of John Mason tr and an r iae IN
sound and disIosng state expressing the intents and
purposes Of his mind and duly subscribed and pub
lshed by him and for his last will and testament
10 warrant the probate OF this instrument is indis-
pensaby necessary among other requisites that the al
legged testator should at the time have possessed sound
mind and memory.
The 18th section of the ID article Of the Revised
Statutes on this subject decares that every male per
OF the age Of eighteen years upwards and every
female not being married OF the age Of sixteen
years OF upwards OF SOUND mlnd and memory and no
others and bequeath his her personal estate
by WILL in wriing'
That Mr. Mason put his signature to the paper that he
Nm IF
asked whether it his will and whether he requested
them to witness it, he answered yes sgnifcd assent,
These prelminares however being essential it will be
Tor you iookngat the evidence, TO determine whether
they were complied with.
But the great question admitting that all the forms Of
law we're duly followed still remains Was this instru-
ment the production of Mr. Masons intelligent mind
In other words, it made by Mr. Mason, merely by
ms hand and voice, impcled and guided by tho
intellect Of othersY
Mr.. Mason, ordinarily, the proof abundantly shows
man of strong clear and vigorous understanding
lie had commenced life as poor boy and been trained
yexerced industry and business capactv. he had ac
cumuated large fortune; and at the time Of his death
was the chief and chief officer Of Of the rs
banking institutions Of the city.
Of his esamentary capacity therefore, up TO the tims
of the commencement Of his last Illness there can be no
his decease For have it in testimony from two Of
the most intelligent witnesses, whose statements a
matter Of fact entitled to the implicit reliance
that on the 10TH Goth and I'D Of September 1.-THE tesla
tor having died the 26th) they had respectively in
teryiews with him, from half an hour to hour and
half in duration conversng together various business
topics, in which they could discover difference in hs
memory or judgment and, notwithstanding his physical
suflerngs, nothing indicating diminished mental power
From the evening of the 22d however, until the hour
OF his death which took place DR. Berger says about
clock the afternoon Of the Doth the evidence as
10 the state of his mind is hat conflicting and
Trajectory 1t is certain, however that the doctor sup
posing from the feebeness Of his pulse and the great
degree of oppression in his breathing that he about
dying sat up with him 'the whole night Of the 25th IN
til about six O'Clock the next morning; then returned
again in two three hours stayed short time went
away returned again about half past ten and remained
with him till after his death
The doctor says further. that his patient at twelve
o'clock very sick man, and that he had an
nounced TO the family he thinks between eleven and
twelve, " that he was dying
You will bear in mind that in this same interval n
few minutes before twelve according TO Mr.. Strong
(and he fixes the time by his watch) the will was signed
The patient besides had before this been suffering
under repeated spasms paroxysms of grea less
DURATION sometimes /" continuing whole night And
OH Nr Ma connueg" the doctor answers IL con-
tnued for five or six hours, and, like some of the
Wo'ious ones, was " of great severity His eyes
tays the nurse, ran water " and OCCASION
during the morning just before the lawyer came being
called into the room, she found him talking muter
ing 10 hinselro Speaking Of the period another
wines, flien Graham says she thought he was dying
nc Has much lower than before; his eyes we're glossy
aud deaiikc he said nothing, and did not appear a.
i he could speak lac did not seem TO notice anything
and looked stupd.0
lhs witness also and another domestic q the name
Of Mary C,n, testify to lis previously mntcring and
talking himself in what they considered incohefent
manner about chemicals, and banks and horses and the
like.
The female witnesses some Of them II has been sug
gescd although not intending 70 misstae, may have
fallen into in their conceptions Of the supposed
wandcrings Of the patients mind
br, Van Rensselaer,, however, whose tnony is now
taken for the FIRST time and whose professional expe
Renee OF more than thirty years gives much weight
TO his observations accidentally in the patients
room on the very morning, after breakfast during the
abscnot oftbe attending physician who, he says him
self, not there from about half past eight nine till
about half past ten
fnfsi osror which although alaruinT must have been
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