Even in death, 5-year-old David Chase Mason remained caught in a tug-of-war between his parents, delaying his burial and postponing eternal rest.

Volney William Mason had been divorced by his first wife, Anna, in 1879. Nine years later, he was sued by Clara Goff for breach of contract. Possessing an engagement ring, Clara testified that Volney had proposed, that the wedding date was set and her trousseau bought. She asked for $30,000 in damages. The jury awarded her $4,000.

Three years later, Volney was introduced to Emma Mitchell. By this time, the 49-year-old president of Volney W. Mason & Company on Lafayette Street in Providence, manufacturers of hoisting machinery, was already one of the richest men in the city. Emma, a native of Brooklyn, agreed to take a job as his live-in housekeeper.

On July 12, 1895 Emma gave birth to a child whom she named David Chase Mason. When the child was about a year-and-a-half old, Volney was again sued for breach of contract. Emma alleged that he promised to marry her and asked for $10,000 in damages. She later dropped the suit and dropped out of Volney’s life.

During the summer of 1900, Volney searched for Emma and David. He traveled to NY and around New England, finally locating them in Pawtucket. On March 3 of that year he went to Emma’s residence and invited her and David back to his home on Laban Street in Providence. She agreed but, once they arrived there, he pulled David inside and refused to let Emma enter. She left the property and returned four nights later.

Tillotson Thomas, a 53-year-old housepainter who worked for Volney and lived in his downstairs apartment, was painting the ceiling of Volney’s sitting room. Volney had asked him to keep an eye on David and he had the child in the room with him. Just before 6:00, Emma entered the house and, hearing her, Tillotson locked the sitting room door. Emma knew where the key was, retrieved it and ran into the room. She threw her arms around David and would later allege that Tillotson stepped up to her and struck her across the face, tearing her dress as he wrestled David away from her.

Emma seeks police help

Emma went to the police station, requesting assistance in retrieving her child. She returned to the property, pacing behind the house as she waited for the police to arrive. Volney returned home and confronted her. She informed him that she had notified police and they were on their way. Volney gripped her by the shoulders and pushed her down the driveway, threatening to have her arrested if she returned. Emma pushed back, screaming hysterically. Once she reached the road, she was either pushed or fell to the sidewalk. Several people were passing as she cried out that she had been assaulted by two men and that her legs were broken. A few witnesses had actually seen Volney pushing her from the property. One man took off his coat and covered her with it while they waited for police, who arrived about half an hour later. A large crowd had gathered by the time and Emma was transported to the police station where an ambulance was called.

At the hospital, they found no serious injuries. Police went in search of Volney but were told he and David had left the residence. Emma filed suit against Volney and Tillotson for assault. The case against Volney was dismissed. Tillotson, in his defense, said he had been ordered not to let anyone take the child and that he had pushed Emma away but she had ripped her own dress by stepping on it. When informed that police had asked Emma how she got blood on her mouth and she’d told them it was from Tillotson striking her, he responded that he thought she might have gone into the barn and let the horse kick her. The judge ordered him to pay Emma $15 in damages.

Volney returns from Paris with casket

A couple of months later, events took a turn and Emma and David joined Volney on a trip to attend the Paris Exposition. For reasons not explained, Emma returned to America earlier than planned, alone. The second week of Dec., Volney arrived home, bringing with him a sealed casket. He told Emma that David had died in Paris of pneumonia. The casket was transported to the undertaking rooms of Clarence Oscar Chase on Westminster Street where it remained for a week, allegedly because Volney could not bear the thought of putting it into the ground. The casket was finally buried in a large lot owned by Volney in Cranston’s Oakland Cemetery on Dec. 18.

At about 1:00 on the afternoon of Dec. 23, a wagon carrying Volney, two men and three women pulled into the cemetery. They placed a large floral wreath bearing the words “Our little darling” and “David C. Mason” on the grave, a gift from the employees of Volney’s shop. At the same time, Emma’s friend Mr. Starkweather was entering the cemetery but stopped upon sighting them. He contacted police and asked them to station a guard at the grave as he was afraid Volney would exhume the body and take it away.

Emma had already scheduled and exhumation and feared Volney might take the body before her suspicions could be proven right. She did not believe the casket contained her son. She suspected that Volney had hidden her son somewhere and was attempting to convince her that he was dead. Police officers stood watch at the grave in shifts. Once the casket was brought up and opened on Dec. 24, Emma could no longer deny that her son was inside.

Just days later, Volney was arrested on charges that he had deceived Emma through seduction and promises of marriage. She asked for $20,000 in damages. Volney furnished bail and was released. Four months later, the casket containing David Mason was still unburied, shelved at the undertaking rooms of James William Carpenter on Plainfield Street as the couple continued to fight over him.

Apparently sometime within the next year, Volney and Emma were married as, by Aug. 1902, they were in divorce court. Emma charged that Volney did not provide her with necessities and that she had told him unless he gave her an allowance, she would return to NY and her job as a dressmaker.

Emma stated that she had gone on to NY, feeling like she needed rest and change of scenery and that when she contacted Volney to inform him she was ready to return, he had told her to stay where she was. Volney testified that Emma had lived with him on and off over the years and had been amply supported by him, although he admitted he had locked the bathroom so she couldn’t use it. He claimed he had no idea she had plans to go to NY until after she’d left and that he’d suspected she was suffering from mental health issues.

Back in court

In court, Emma’s lawyer set his gaze upon the small pin affixed to Volney’s tie as he sat on the witness stand. “Is that the picture of your child that is in your tie?” he asked. Angrily, Volney told him, “That’s none of your business.” The lawyer asked the question again and again, requesting the judge make Volney answer and explaining that the answer would expose the real reason Emma had left him. The judge refused to force an answer. Emma’s lawyer then asked Volney if David was his child. His own attorney advised him not to answer.

The judge ordered that Volney pay Emma $15 per week toward her support and her $25 counsel fees. The following month, they were back in court where Emma asked the judge to order the return of her handbag and trunk. The judge told Volney to return the items to her immediately. Volney refused and they came back to the courtroom nine months later where Emma asked for damages in the amount of $800 for the bag and contents of the trunk; lace, toilet novelties, clothing, dressmaking supplies and sewing machine.

The later life of Emma has been difficult to trace. In Nov. of 1906, a passerby threw a lit match through an open window of Volney’s machine shop and it landed in a barrel of oil and started a fire. The damage was estimated at about $15,000. Volney died on the night of Feb. 21, 1919 at his brother’s house after suffering from pneumonia for three days.

It appears that neither Emma nor Volney are buried in the same cemetery as David, neither lying eternally near the child whom each spent years claiming greater ownership over.

Kelly Sullivan is a Rhode Island columnist, lecturer and author.