The free lance. (Fredericksburg, Va.) 1885-1926, 1911-01-17
ARGUMENT BEGINS
Mr.. Fitzhugh Makes Opening Speech
In Monroe Win Case.

Court convened Saturday at IL
a. m. and after short discussion
between the attorneys in the Mon
roe will case concerning the instruc-
tions, which were excluded by the
Judge, the argument was gone into.
Mr.. st. Geo. r. Fitzhugh, counsel
for Judge Embrey, executor of the
will, opened the argument. He
said the testimony on the other side
Of the case impressed him as farce
from beginning TO end and raise
pretense. He said il was a danger
Gus assault against the right OF a
citizen to dispose OF his or her
property and no house was safe
from a prying attorney who would
go to the back door as soon as he
heard of death and enquire of the
servants as to whether the deceas-
ed had done anything peculiar be-
fore death or before making a will
and then TO the family physician to
get evidence for a contest to upset
the will. He stated that the con-
testants of such wills as rule
were not able TO employ counsel and
that the attorneys as a rule had to
depend upon the breaking of such
wills to get their fees. He said he
mad recently been employed by
party to defend an attack on a
will and il grew out OF the tact
that this will was being contested
and If the jury saw fit to upset this
will that cases of this sort would
multiply by the hundreds. He
spoke of Kate as an migrate from
founding hospital. seeking TO get
possession OF the estate OF Mrs.
Monroe. whom she had deserted
and against whose positive orders
she ran off with Mayhem to Wash
ington and got married. He read
the evidence of Kate Mayhem
to the jury and commented on 1t
especially where she stated Mrs.
Monroe had drunk a quart OF liq-
uor a day from the time OF the
| loss of her license up to the time
OF her death and stated that IL
would have been 112 gallons or ?
barrels He read the evidence OF
Judge Embrey in the case and said
If Judge Embrey had been looking
after his own interests he would
never have written the letter he
did TO Kate Monroe, urging her to
give up Mayhem and do as her
mother told her, as in few years
she would have come in possession
/ of the entire estate. He stated he
never would have written the will
of July 81, 1908, giving the prop
erty of Mrs Monroe to Kate. the
/ foundlings. but that he would have
written the last will. where she was
cut off without a dollar. He spoke
at length OF the evidence of DR.. Dog
gett the family physician, and took
up the two witnesses who witnessed
the will. Messrs. Chichester and
/ Bradley. and said il would have
been folly on Judge Embreys part
10 have taken these two shrewd
men up there TO have witnessed
Mrs. Monroes will, as they would
have been bound to have detected
change in her condition, had
there been any.
He stated that the majority OF
the wills made were written on
death beds and are sustained by
the higher courts.
Mr. Fitzhugh up to the hour for
adjournment had not concluded his
argument, which was in his usual
strong and convincing style.
Court re-convened at 2:3O p. M,
when Mr.. Fitzhugh continued his
speech. He will be followed by Mr..
G. B. Wallace for the plaintiff.
Mr.. Fitzhugh concluded his ar
gument at $3.50.
Mr.. G. B. Wallace. for the plain
tiff. followed. He spoke for near
ly an hour. going carefully over the
evidence of the witnesses on either
side and comparing their statements
His argument was strong pre-
sentation of the legal points IN
volved in the case.