East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-04-13
BITTER WORDS FLUNG
IN "7' WILL CASE
OPPOSING ATTORNEYS
INDULGE IN SARCASM
Legal Lights Accuse Each Other of
Ignorance of and Disrespect for Law
in Warm Battle Over Probation of
Young Document.

Before the hearing in connection
with the attempt To probate the sew
enth will TO the J. w. Young estate
was over yesterday afternoon, the
feeling between the opposing attor-
neys resulted in several wordy clash
es which proved much more interest
ing to the spectators than did the dry
arguments Of law and authority.
Judge Fee also took occasion to de-
nounce Mrs. Warner who is the prin-
cipal heir under the new will, declar-
ing he had no doubt that the new doc
ument is as much of a forgery as pre-
ceding wills which she has had in her
possession.
After three hours of argument and
the citation of authorities, Judge J..
w. Maloney announced that he would
take the matter under Amusement be-
fore making his decision.
Attorneys ]. W. Brooks of Walla
WaIla and Homer I. Watts of Athena,
appearing for Mrs. Warner and her
brother. Fred Young, contended that
the hearing was Illegal and that At
torneys James A. Fee and r. ]. Slater
had no right to appear to contest the
probation of the will, citing as their
authority the common law which
states that a Will may be contested
only after it has been admitted to
probate. Fee and Slater maintained
that they We're appearing not as
counsel for the accredited heirs under
the first VIII, but as friends of the
court to suggest to it the want of jur-
isdiction in the matter, citing the
statute of the Oregon code which
says that a contest of a will must be
instituted within one year after it has
been probatetd. In answer the oppos-
ing attorneys contended that their
action does not constitute a contest
but merely the filing Of a later will
which had not been discovered until
seven months ago because Of fraud
which they allege had been practiced
in its concealment
The citations from numerous law
books by both sides caused frequent
clashes. principally between Slater
and Watts. whose personal regard for
each other has never been of an APP
~preciab.e quantity. When the former
suggested to Watts that another term
at Harvard would increase his knowl-
edge of law, the Athena barriSter re-
piled sarcastically that a little prac-
tice before the juvenile court would
result in much benefit to him Slater
In the discussion of Common law,
Judge Fee remarked that the use OF
the law by such attorneys as Watt:
would make it very common, al
which the latter retorted holly, "It
you ever had a knowledge Of the sub
stance Of the law, it has never beer
manifested in my presence.
Judge Fee made the closing argu,
ment and, after defending the actor
of the court in calling the hearing, ht
Numbered a denunciation of Mrs
Warner. characterizing her as a bold
forger whose record in the courts
was such that the county judge would
be justified in saving the taxpayer
additional expense by refusing to ad
NIT the viii to probate If in his judg
ment the law, which is evidently no
clear on the subject would permi
him to take such action. Replyini
to the intlmation of Brooks that tn
case would be taken into highe
courts If the decision Of the probat
cour were against them. he charac
terized the yelled threat as a politica
move to influence the judge. "All thi
talk about the mighty force benin
that woman is an absurdity," he de
clared. Fright Is our might, Judg
Fee ~interpolated Mrs. Warner
whereat the latter replied, Il ar