The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-11-05
Mysteries OF New York.


Webb, material witness in this case, had been re-.
gulary subpenaed, but was not in attendance, ans
he had cause to believe, did not intend 10 appear.
Also, that Major Stephen H. Webb had avoided a
subpoena through the connlvance OF the legatee, ms
hs believed, IN whose family he was residing. lie
said that three times in the course OF yesterday and
this morning, person had called at l49 Hudson
street, with the intention OF serving subpoena on
Major Webb, and was informed by the servant that
he was in the house, but each time his being IN the
house was denied by the family Under these cir
cumstances, he declined proceeding uLtil the aten.
dence OF Mrs Webb was, If necessary, enforced by
the Court, and time given to serve subpoena on
Maier Webb.
Mr. SANpFoRp observed there were other wit
nesses in Court whose examination might be pro-
ceeded with, and there was no doubt but Maj Webb
was ready 10 attend at any time.
Col WEBB said that the witnesses now in court,
(the Rev Charles s. Stewart and Herman G. LIE
Roy) were important, and should be examined at
what he deemed the proper time; but that 1t was his
right to examine his witnesses In the order ne
thought proper; he intended to prove by Major and
Mrs Webb and other witnesses, that at the time oil
the execution OF the nsrum ent offered tor probate
as the last will and testament of Robert Stewart.
the old man not only utterly incapable OF exc
cutting will, but was in state Of durance-under
the keeping of Mrs Sarah Stewart and her husband,
the Rev @. s. Stewart, now IN court, and all access
10 him prohibited even TO members of the family,
except At such times and under such circumstances
as his keepers thought proper to name. 1t was i'm
portaut IN his opinion TO examine these witnesses
before he placed Mr.. LIE Roy and the Rev. Mr..
Stewart on the stand and he should, therefore, In.
sist upon Bn adjournment until the attendance OF
these witnesses could be procured
Mr.. SANDroRD said that even If they were pre-
sent he would not consent to their examination, as
they were heirs at law of Robert Stewart, and in
terested in the result TO the same extent as Col.
Webb.
Col. WEE replied that when they were placed
on the stand would be time enough to enquire into
their interests That as heirs at law they were only
entitled to one eighteenth OF the estate, while 1t
might appear that il the will was sustained, they
had been guaranteed by the egatee one sixth OF 1T
IN which case they would, doubtless, be good wit
nesses against the will
The Surrogate assented to this, and granted an
adjournment.
ing, as did also the Rev. Charles S Stewart and
Hartman G. lie Roy, witnesses subrened by Col.
Webb.
SURROGATE you ready!to proceed, gentle
men?
Col. WKss-I am not, sir. yesterday stated to
the court the manner IN which Major Webb had
avoided a subpoena, by his being denied by the
family after the servants had declared that he was
in the house; but am happy to say that another sub
Yesterday III the street. He has, however, utterly
dlsregarded il; and learn from Mrs Webb, now
present, that he has LETT the city. Under these cir
cumstances as coon as my counsel arrives, ! shall
offer stidavits OF these facts and insist upon the
caurt compelling the attendance of this witness be-
fore prsceed
Mr. sANpFoRp-We object to this. Yesterday an
adjournment was claimed because Mrs. Webb was
not present and further delay Is sought for be-
cause Major Webb has not obeyed the subpoena -
Mrs Webb is in court ready TO be examined, and it
is not proper 10 compel her attendance here and
this refuse 10 examine her.
Col. WEBB-It is true, sir, that yesterday refused
tn proceed IN consequence of the absence OF Mrs.
Webb, and because Major Webb hQd avoided q
subpoena. through the connlvance and misrepresen-
aions of the lesatees family; and 1t is equally true
that now desire TO postpone the proceedings until
| can compel the attendance of Major Webb. said
yesterday, sir, that would prove by them and 9TH
er Witnesses, that Mrs Stewart and the Rev. Chas.
Stewart, the keepers OF Robert Stewart, would not
permit member of the family, being in the same
house, to have access to the feeble old man, except
at intervals and when 1t suited their pleasure But
this is 1ot all intend to prove that at Mrs Webb's
last interview with him he was all out ravlng ma
MAC and drove her from the room; and intend to
probate of this miscaled will. That instrument,
sir dsinherlted five ct the six children OF the late
Alexander l.. Stewart; and the representatives OF
three OF those hve-of a majority OF them-viz.
Major Webb, Hermon G. Leroy and myself, deter
mined to oppose its probate. | should have done 30
of my votion; but II Is nevertheless true, that
wa, day after day mos; earn silly urged to this
proceeding by Maj Webb and Mr.. Leroy. But
both of these persons have Withdrawn their opposi
ton, and whyi AS soon as / can get them on the
witnesses stand will make them tell you under
oath. You will then hear that this amlable legatee,
Mr Lispenard Stewart now here in court, threaten
ed to turn his sister, Mrs. Major Webb, and her
young children, into the streets, II her husband dar-
ed to proceed in his opposition; and these threats,
combiaed with a promise, valueless, In my opinion,
to him portion OF the estate, has Induced
him to give his asse mt to this will going to probate
My other associate, Mr.. Hermon T.. Leroy, has al
been bought of by the sole legatee OF the de-
ceased; and when get him on the stand, we will
ascertain the terms of the compact Whether ne
A.A q nfp a-fn npfh nf he
estate, which am credIbly informed ne demanded,
and which he could only obtain by depriving my
wife and children OF their portion; or whether, this
being refused, he lowered his terms and was con-
tent with promise OF one-slxth, he shall himself
inform US as soon as get him on the witnesses
stand. The gentleman may laugh, but pledge my
self te your Honor TO prove every allegation have
made, and many more equally important, by the
the sole legatee OF this dlsgracelul document which
is called a will But be this as it may, now stand
here alone in opposition to the wl-those who
urged me most strenuously to oppose it, having bee
bought of by the esatee shall, however, proceed
without regarding the conduct OF my associates;
and az | have not the slightest desire to give Mrs
Mary Webb the trouble Of another attendance here
shall now proceed to examine her agreeaby to the
wish expressed by Mr.. Sanford, although believe
such course uDwise and injurious TO my interests.
Mrs. WEE was then asked to step forward and
be sworn, when Mr.. Sanford in behalf of Mr.. Lis
pensrd Stewart, objected to the examination OF heI
or any OF the heirs AT law
The objection was briefly argued by Messrs. Sand
ford Curing aud Prescott Hall, and the Surro-
gate decided that the heirs at law, having drec
apparent interest equal to that of the party opposing
the will, could not be sworn until II was previously
shown ha they had an equal or greater interest il
the will being admitted to probate. On investiga
ton he had arrived the conclusion that II was no
regular in such case TO prove the indirect interest
contrary TO the apparent one by the testimony of h
party; and uness Col Webb shows from othe
sources that It is the interest OF these heirs at law Il
have the will sustained, they cannot be examined
in order TO prove what their interest really is
Their interest is wima fdcis the same as the part,
opposir & the will, and they cannot be sworn until i
is fret shown that their interest is different iron
what II seems 10 be-
The Surrogate offered to grant time for the coun
sci Of Colonel Webb to examine and argue thu
question but after consultation with Mr. Hall, Col
W stated that he knew Mrs. Mary Webb was de
sirous OF leaving here 10 the morsing to join he
husband and "a he waTed not with ladies, and wa
satisfied that after days weeks OF delay, the decl