Morning journal and courier., 1888-03-08
TssR OOURT RECOREe.
Superior Court Civil Side - Judge
Fem.

Fem.
The noted Munson will case came to q
close yesterday by the appellees obtaining a
verdict.
The closing arguments were made by ex-
Governor Ingersoll and ex-Judge Henry Stod-
dard. When court opened Ex-Governor In
gersoll commenced his argument. It was
listened to with the strictest attention by the
packed court room.
After few preliminary statements he re-
fsrred to the agreement made between the
under this agreement the advances which
Frank had received, and which he claimed
amounted to $4,000, were to be paid back
when sfter his mothers death the estate was
to be divided. "They say" continued the
Governor, "that this agreement was never
acted on. What of it? The question is,
What was the opinion of these parties in the
day and timo of it? That agreement binds
Frank Munson to pay over SIG, 900 in case
his mother died intestate. Why, at the
time, if Frank Munson was entitled to this
money, did he not have his mother sent for
and the question settled then and forever!
1t would not have done for him to 60 to his
mother and say, L don't like this agree
ment' Thomas Dale died in 1879 and his
wife in $780, Within fortnight this will
was made. Frank took his mother to Judge
HOLSTERS Office and there left her. Why
we're the witnesses to the will strangers to
Mary Ann Munson! The family again as
sembled in 1887 and the will read.
Every one except Frank A. Munson pro-
tested that the will was wrong and against
the probating of it. DR.. Alfred Munson pro-
tests against probating the will, directly
against his own interest, for by it he gets a
third while if the Dales are let in lie receives
but one-quarter. DR.. Munson protests on
account of justice.
Ex-Judge Stoddard made the closing argu-
ment and said he first desired to call atten
ton to the real and only issue, namely, did
she intend by the will she made to ex-
clude the Bales. If she did the will stands;
if she did not the will falls. This appeal is
Frederick S. Dale's. Even his own brother
will not join with him in il. Was it her will
that the Dales should not participate? The
very day she made the will she said abe had
excluded the Dales. Before abe made the
will she told Dolly Wilson, her confidential
servant, that no person of the name of Dale
should ever get any thing from her. She told
many other people the same thing. She knew
that Fred Dale could get along himself and
did not need her assistance and that her own
SONS did need it.
They say that this lady drank and SO she did,
but thanks to her sor Frank she conquered
the habit and became once more a woman
among women.
1t was shortly after the noon hour that
Judge Fem charged the jury. He said the
issue of the case WAS whether the paper pre-
scented as the last will and testament of Mary
Ann Munson is legal and valid. He next in
structed the jury as to the legal technicality
of the case. The opinion of medical experts
he said is of no Importance unless the facts
upon which the opinion is founded are
proven. In considering testimony of hearsay
evidence caution is to be used by the jury in
accepting such evidence The paper signed
in 1887 has no effect upon the capacity of
Mrs. Munson to make a will. It is not to be
considered that Mary Ann Munson needed a
conservator. AS Mary Ann Munson was not
a party to the contract-the paper is not in
issue 1t is claimed on the part of the ap-
pellants that Mrs. Munson was the victim of
an unfortunate hahit-that this will was made
in 1880 when Frank Munson was present IN
known to the other heirs. 1t is further
claimed that at the time of her husband g
death she was incompetent and it was
thought at the time she needed conserva-
tor.
The jury retired at 12:45, and after an
hours deliberation returned with a verdict
for the appellees, which means that Mary
Ann Munson's will is sustained. There were
two ballots taken by the jury: It is said the
nTSG STOOD IL TO l IN favor OF SUSTAINING The
will. The second ballot was a unanimous
one.
Mr.. Dale announced to COURIER re porter
his intention to appeal the case after the YER
dict was announced.
The Yale Castor Company's Stockh0ld-
ers Sued.
After the Munson will case was disposed
of yesterday afternoon Judge Fem empan-
eled jury and began trial of the suit of the
Yale Castor company vs.. Henry Munson of
Hauden. The plaintiff sues for an alleged
balance of 81 800 due on a subscription OF
stock. Defendant denies that the company
ever had any corporate existence and says its
sworn statements fled in the Office of the
Secretary of State set forth that all the stock
was paid for.
Representative Munson and Secretary
Schenok of the company testified yesterday
afternoon. When court adjourned at
o'clock Mr.. Munson was on the stand. He
will resume his testimony at 10 o'clock this
morning.
City Court - Criminal Side - Judge
Thompson.
Non-support of wife-James Lee, nolled;
Morris Alderman, continued to March 10.
Reform school complaint-David Walker
and William Millikin. discharged.
Breach of the peace-George w. Fleming,
continued to March 16.
Resisting officer, John Coffee, 80 days in
jail.
Drunkenness-John Coffee, Is days in
Jail; Hugh Lynch, So fine and $5.42 costs.