The Providence news. (Providence [R.I.]) 1891-1906, 1898-11-16
ARGUMENTS IN
AMESBURY CASE.
Col. BallOu Presented the Side
Of the Contestants.
VERY CAREFUL PRESENTATION.
His Strange Ideas Of Living Showed Testa-
tor TO Be Of Unsound Mind.
JUDGE COOKE DEFENDED THE WILL.
A Clear Statement as 10 The Conditions Which
Would Warrant Searching Scrutiny Into
the Past Life Of Tsstator.
His Strange Ideas Of Living Showed Testa-
tor TO Be Of Unsound Mind.
JUDGE COOKE DEFENDED THE WILL.

The closing arguments in the Ames-
bury will case We're made today. Col.
Daniel II. Ballou made the closing ar
gument for the heirs of Samuel NJ.
Amesbury. who are dissatisfied.
Col. Ballou went over the testimony
in the case in careful manner argu-
ing that il showed the testator had
been for a long time previous to the
making of the will OF unsound mind.
That the strange ideas Of living mani
tested by the testator would not have
been carried out by person brought
up intelligently as the testator had
been brought up unless his mind had
become deranged. Speaking OF the be-
quest of the large amount of money TO
Mt Vernon Lodge A. +. and A. NJ, he
asserted the making a bequest to the
lodge had not long been a matter of
consideration by testator as the testi-
mony showed he first began TO think
about IL in 1893 and Mr.. Paris. who
Joined the lodge about year before
had told the testator about his fathers
picture hanging upon the lodge room
walls and about the mention of him in
the records of the lodge. 1t was natur-
al, Col. Ballou thought, that this would
have an effect on a mans mind who
had such deep feeling against his rela-
tives, and he would dispose of his
property 10 the lodge in order to dis
appoint his relatives. The whole of the
testimony could lead TO but one con-
clusion, namely, that the testator was
not of sound and disposing mind.
Judge Stephen A.. Cooke made the
closing argument i'm favor Of sustaining
the will He took up the main Incl
dents in the life of the testator and
dwelt at length upon the visit of Ames-
bury to Europe, claiming that the
things which interested hiQ were those
which would interest the scholar and
>the student. Judge Cooke made some
very eloquent references TO the thinga
in Rome. Paris and England that at
tracted the attention of the deceased,
and to the correct nature of his COM
ment on the Cathedral OF Rome and
the battlefield Of Waterloo. Other por-
tions of the testimony were dealt with
In a critical manner, and the right OF
man, even though OF what appeared
miserly habits, TO dispose of his prop
erty as he saw fit, was strongly set
forth. one of the most interesting
things i'm Judge Cookies copious and
studious argument was the COMPARISON
he drew in regard to the parties who
might have claims upon a married man
bachelor. Judge Cooke said that tho
life of a father who did not make provi-
sion for his children in his WILL might
well be scrutinized. A father should
and often did deny himself many COM
forts Of life in order that his children
might have a better chance to get
along in the world than he had, AL II
was unnatural for a parent to cut or
his children unless there was good rea-
son for that course Then husbands
life might be scrutinized If he made no
provision for his wife, particularly IL
she had borne him children, unless her
interest in his real estate was large,
A man unmarried might be expected to
take care of an old father or mother.
The testator In this case had no wife.
no children, no parents living, nor had
he brother or sister. The nearest rela-
tives ne had were nephews and nieces.
and Judge Cooke said there was no OBJ
legation to look out for them. There
had been nothing shown, Judge Cooks
said, why the will should not stand.