The Savannah morning news., 1900-10-26
MADE A GENERAL DENIAL.
MR. CHAMPION SAYS his MOTHER
ACTED UNDERsTANDINGLY.

hcnce. Including Letters nnd Al
adnvtts OF Parties at Interest, In
troduced-ThRt lie should Have
southVIIIe Property Was HIS Faith
er's Intention. says the Defendant.
His Mother Controlled by HIS Sis
ters.
In the Superior Court yesterday the en-
tire day was consumed ia the Introduction
OF evidence on behalf OF the plaintiff ana
defendant ia the case Of Anne r. Cham
plon. against Carlton C. Champion. The
case. one In which a mother Is bringing
serious charges against her son. Is ex-
citing unusual interest.
The petition OF tho plaintiff. which was
filed IN court some weeks ago charges
IN effect that she was induced by her son
20 make him Zee simple deed
90 certain property ia Southvile.
valued at $500 which had come 10 her
under the provisions Of the will OF her late
husband Of which the son was
the sole executor II was charged In
the petition that Mrs. Champion had made
this deed under a total misrepresentation
OF It's purport meaning and effect. and ~
The assurance induced hy the representa-
tons OF the defendant that her signature
10 the paper which she signed was es-
sential to carry out some Of che provisions
Of the will Of her late husband. under
which she became the sole heir Of the
estate.
She charged. further. that her son
had wasted certain OF her indi-
vidual property which had been en-
trusted to him as agent ana Of which he
had had entire charge. and on TINS ac-
count asked for a judgment against him
approx mating $3.50 She further asked
that The deed 10 the property in South
VILE which she claimed 10 have executed
under a mistake as 20 its character, and
effect be delivered up and cancelled. and
she be restored 20 her original ownership
and possession OF the tract Of land.
To al Of these charges the defendant.
ln his answer hlesl len court entered a
positive and uncquivocal denial tie stat
"a that no only had he not wasted the
estate 81 his mother bat that he had SC
tually advanced her sums greatly Ia eN-
CESS OF those he had charged In his ac-
count. as because OF the close and tender
relationship that had always existed be-
tween them, h., had never kept any ac-
curate books showing their business deal
lngs
he had never anticipated. he said.
lu his petition. that an occasion
such as che present would ever arise tie
believes now that hts mother IS acting
as the passive tool OF others. and that she
does not understand the charges that have
been brought against him. The clear In
ference from this portion % THE pc
titIon Is that she defendant charges his
sisters. Mrs. Eucou and Mrs Chase with
responsibility for the suit
To support the allegations of enc an
swer Of the defendant great mass 81 tes-
rmonv was introduced yesterday morn
ing. Il Included letters between the plain
tin aud the defendant and between inc
defendant and his father. which went 10
show that il was tho family understand
| ing prior 70 the death OF Mr.. Francis J.
| Champion. that the property in southFilie
| should come 10 his son. Letters from the
! plaintiff showed chat she understood ana
| acquiesced 10 this plan, though. perhaps.
little reluctantly.
The plaintiff had charged la her petit
ton that she was induced 20 come 60 50
vannah during the month Of Novcm Der.
1881. by the repeated and urgent letters
and telcgrams % her son. and that Il was
/ while she was stopping at MS
home that she executed the deei
to the property In souihville.
The effect OF this allegation was
seriously impaired bv the introduction in
I evidence Of deed 90 che same cuect,
which had been executed hy Mrs. Cham
pion in Philadelphia during the early
part Of the same month The defendant
explained that he had had his mother
sign another deed only because the com
missioner 81 deeds. before whom she had
Acknowledged her signature in Phlladel-
phia. ahd signed himself simply as Com
advised by his counsel that this signature
was not legally sufficient The validity
Of the Savannah deed and the fact that
/ Mrs. Charlton thoroughly understood what
she was doing were shown hy the atuda-
vts OF a uumoer OF persons expressing
/ perfect familiarity with tine circums ,auces
under which it was signed.
The defendant himself was on the stand
during the afternoon. ana was examined
by his counsel Mr Samuel y Albums He
was further thoroughly and riridy cross
examined hy Mr. r NJ Cunningham. Jr..
Of counsel for the plaintiff Mr. Cham
pion's evidence in chief was TO the same
effect as the allegations 81 his answer.
which have been outlined above.
AR Cunningham. in hi, cross-examiua-
ton. entered into an exhaustive, discussion
With the witness Of the various changes
which the trust estate had under
gone TO which questions the Wit
ness returned ready answers He re-
iterated his belief that his
mother was in failing health. ana that she
could not and did not understand what
she was charging in the allegations made
IN the petition.
In reply 20 this Mr. Cunningham offered
in evidence an affidavit OF his own. Ia
which e was reclted that he had gone on
TO Philadelphia at tine instance Of the
Plaintiff and had there had q converse
ton Of two hours with her lie had ex-
planned the petition 90 her al length ana
iu detail and she had signed q IN his
presence. From the impression CLEANED
from this interview. Mr. Cunningham
swore that Mrs champion appeared to be-
in fun possession of her mental faculties
and thoroughly understood what she was
doing
Mr Adams insisted upon the reading %
a letter from Messrs. Lawton & Cunning
ham 10 the plaintiff. IN answer "a one
from her IN which she stated that she
was not in a position 10 pay retaining
fee for their services. This letter % coun-
se showed that their Zee was contingent
upon victory
Judge Fallirant. at the conclusion Of the
evidence. announced that he would post
poue the arguments until this morning
when they will be- made So FAR as the
main Point a. issue is concerned its de-
termination seems TO involve only tho
question 81 vcracity between Mr. Cham
rion and his mother. or her present abil.