The Montgomery advertiser., 1907-12-24
JURY BREAKS MASON WILL Son Wins Contest With
 Wife No. ?. ESTATE OF DEAD BANKER Lawyer Smith Not Allowed to
 Testify.
 Court Rules That He Cannst Divulse Testinony Secured as Counsel
 Mere Business Men as
 Witnesses. @
ESTATE OF DEAD BANKER

Mobile, Dec. 23.--(Special.)-At- ll'Is o'clock tonight the jury in the Mason will case returned a verdict that tne will offered for probate by the widow of the decedent was not Athe last Will and testament of James Henry Mas son, ST.
 This Is q victory for James Henry Mason, Jr., the only son of the de- cedent who had cut his, offspring on with $2,500. ~
 The jury was out one hour and nine minutes. having retired at 1e;26 o'clock tonight after six days of continuous hearing and on top of eight hours or oratorical effort by the attorneys.
 The speech of Major E. M. Robinson, for the contestant, young Masson. at tracted the greatest crowd ever gath- cred in the court house, and cheers were given during his speech which caused the judge to threaten to clear the room if repeated.
 The case may be appealed to the Supreme Court by the widow of MT. Mason, the second wife of the dece- dent.
 With the arrival of the noon hour today the last witness in the Mason will contest had been examined and at2 o'clock the lawyers began pleading for their clients.
 The arguments took all of the after noon and the early part of the night It was . late hour when the case went to the jury. e
 Attorney Smith requested permission to correct the records as to a number of minor inaccuracies relative to cer- tain motions, rulings and objections of the court on former days of the trial
 Mir. Robinson reintroduced the deed of the Britton store to Mrs. Frances D. Mason. the property value being agreed upon at $35.oo0. A
 The settlement contract between James H. Mason and Mrs. Mary Lee Mason as regarded salimony was read by Mir. Smith and offered as evidence. The letter from Mrs. Mary Lee Mason to Mir. Mason after the settlement Of aiimony. was' read; and introduced as evidence. having been acespted pre-
 Witnesses Called. .e.
 Ihs frst witneas or the day was D. R. Burgess. who said he had known Mir. Masson for twenty-five years and considered him . good business man. He spoke to him of his son Henry but Mir. BurGees would not permit him to discuss family affairs. 2
 E. !, Buck, President of the City Bank and Trust Companyh had known the Senior Mason for eight or. nine years; believed him sane; talked with him about one week before his de- parture for Japan. He said Mr. Masson wanted to go to Japan. Mir. Masson never discussed his family affairs with him. % .a.S.s. :.
 Henry Tacon knew MT. Mason about forty-one years; considered him of sound mind; never discussed family afr fairs. z" fefed by MT. Smith. Mir. Robinson ob- jected on the ground of insufficient no- tice. He said a commission was not issued until 3 o'clock on the first af- ternoon of the trial. deposition being Contestants attorneys were given not over four hours notice.
 Another legal argument ensued be- tween attorneys for both sides. The objection was overruled.
 Miss Ruby Horres said MT. Masson was quiet and rational the day he signed the will in her presence.
 Attorney Smith. who represented Mrs. Masson in divorce proceedings against MT. Mason. told of some of the details of negotiations for the alimony settlement. Mir. Robinson objected to details. this bringing another legal war of words, between the attorneys. H, T. Smith acting for the proponents while his brother was on the stand.
 Mir. Robinson's objection was sus- tained and exceptions were taken by the proponent. t.t..
 MT. smith was the last witness. When the court ruled that MT. Smith could not testify as to his action as an attorney to draw up the contract be- tween MT. Mason and his first wife at the time of the divorce. MT. Smith was excused. f...
 After some conferences between counsel the lawyers began their ~raaohe ea to the iury.