The San Francisco call., 1905-01-22
JURORS BREAK
MONNIER Will
Unanimously Decide in Fa-
vor of Contestant Upon
Five Points Submitted
BELLIGERENTS AT BAR
Judge Graham Admonishes
Attorneys Sullivan and
Collins Not to Be Rash

After listening to evidence and argu-
ments in the case for twenty days,
the jury in Judge Graham's court yes
terday returned a unanimous verdict
in favor of George Monnier Jr, break
ing the will of his father. George Mon
nier, the winemaker and liquor mer-
chant, who left a fortune of $4,000.
The Jury found that the contestant
was the legally adopted son of George
Monnier and his wife; that he was the
illegitimate son of the winemaker; that
his father in 1892 had publicly acknowl-
edged the boy as his own son and had
received him as such, with the consent
of his wife, Anna, into his family. and
thenceforth had continued to acknowl-
edge him publicly and treat him as
legitimate son; that after the birth of
the contestant the elder Monnier, in
writing signed in the presence of
competent witness, had acknowledged
himself as the father of the contest
ant; that the instrument dated Janu-
airy II, 1901 ard filed September 10,
1904, purporting to be the last will and
testament of George Monnier was pro-
cured through undue influence exer-
cised upon George Monnier by Anna
Monnier, his wife.
These findings were given in affirma-
tive answers to each of five written
interrogatories submitted to the jury
by the Judge, who instructed the an
swer of Yes" to the first question, as
TO the legality of the contestants adop-
tion. The questions regarding parent
age, however, had no direct bearing
Upon the validity of the will, which
hinged alone upon the alleged infiu-
10, ;,1e Sc xx-if hA
dence on this point during the trial
brought out stories of quarrels and
hatred between the son and his adopted
mother.
TO DIVIDE FORTUNE.
Monnier willed all his property~to his
wife. He had previously decided her
their home, valued at $4,000, and this
she will keep; but the remainder of
the estate must be divided with the
young man who deemed her his mother
until the day she first denied it in
court.
Attorney Matthew +. Sullivan con-
cfuded his argument in The case short-
ly before noon yesterday, and it took
Judge Graham fifty minutes to read
the instructions to the jury, the prin-
cipal point of which was that the ques-
ton of young Monniers legitimacy
should not be considered in determin-
ing the question of undue influence.
The jury went to lunch before pro-
ceeding to its deliberations, and at 2
o'clock notified the court that verdict
had been reached. The attorneys were
telephoned for and arrived half an hour
later. Mrs. Anna Monnier was not pres
ent, but the contestant, his wife and
little daughter were on hand to receive
the good news. George wept when he
heard the verdict, and his wife hugged
a woman friend in ecstacy. Attorney
Collins Immediately excepted to each
of the jury's findings and filed notice
of motion for new trial. He says the
case will 90 to the Supreme Court.
JUDGE AS PEACENAKER.
After the jury had been charged and
retired at noon Judge Graham sought
to offer his good offices as peacemaker
between Attorneys Sullivan and Col-
lins, who had made a scene the day be-
fore. The crowded courtroom was on
the qui vive. Calling the lawyers be-
fore the bar, the Judge said to Sulli-'
van: Yesterday something was said
by YOU regarding the counsel on the
other side, to which Mr.. Collins took
exceptions I did not desire then to
say anything, either one way or the
other, fearing to influence the jury.
Mr.. Collins said that he would hold you
personally responsible for your words
] notice in the papers that counsel iii
tends to break somebody's jaw"
II did not say that in this courtroom,
your Honor" interrupted Collins, and
the Judge continued: Il sincerely trust
that you will remember the high
standing Of your profession and have
some consideration for this court. You
should strive nobly in trying the causes
of your clients, but you should eat and
drink together as friends"
Said Mr. Sullivan: AS far as my at
tack went, I was simply replying to
an attack by Mr.. Collins upon Mr.
Roche and myself. No personal en-
counter will take place in which l am
the aggressor."
Mr.. Collins, addressing the court
said: Il do not feel called upon to give
any promises.
I'D to the hour of going to press this
morning no blood had been shed by
either Of the attorneys.
TNTr,IrIp TsvcyvT