The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-17
SUPREME COuaT--SpsClAL TERM.


money and would not give 1t up. The defendant
was held In $1,000 bail for an examination.
rs, &c SUPREME couaT--SpscAL TERM
sea The Christy Estate Controversy.
W9 Before Judge Barnard.
Byechs vs. iSaiih-Ths suit, to determine in effect
where the Christy estate has gone and whether the
counsel Charles X. Smith, kept more than he was
entitled to Of II, was continued.
Mr.. Nicol who took the Acknowledgements Of the
various deeds and releases passed at the time OF the
proving of the e. Byron Chrisy will, put on the
stand and testified to the execution OF the papers
and the acknowledgment OF them by the various
parties He stated that at the time OF the acknow
tcdgment Of the papers by Mrs. Brecks she sit
ting near Mr.. b. J. Blankman and Mr.. Il. j..
BanEman. IA iug II 'd
on cross-examlnation he testified that he went to
Mrs. Christy's house for her Acknowledgements; he
got there about eight A. NJ, and found there Mrs.
stand; he had several papers with him, and finding
Mrs. Chrisy could neither read nor write re ad them
to her, and Mrs. johnson and Mr.. Casey aided him
In explaining the papers to Mrs. Christy; she signed
several but objected to signing two papers until
she could get them explained by her lawyer these
Casey and Mrs. johnson left the house a little
alter eleven O'Clock, and the two latter walked
them and went ND to his own house in Forty-tnird
street, as he left Them he told them Il Mrs. Christy
decided not 10 sign the papers to let him know; at
two A. M he got a note signed s. b. Johnson, telling
hun Mrs. Christy would sign the deed; he called in
The morning ana they were acknowledged.
Mr.. Kepler Smith, the defendant was then placed
The stand, and testified that he mad IN the first
Place made q verbal agreement with the Christys
% his se services Vs'i but being 'n IN failing Seash
and the case being very difficult, he had de-
erred to Withdraw, and Mrs Christy ana F.
Byron Christy had then begged him to remain
in charge and offered him three-eghts Of the estate
Tins agreement had been reduced TO writing. To
gage for $4,000 to him, and mortgage for SIS 900
was made about the same time to Mr.. Blankman
Subsequently Mrs. Christy had executed the Jones
mortgage to him TO further him for his liab
~ 10 Judge Jones. This mortgage ne had proposed
to Judge Jones to assign to him. ana ths Hattsr lin
put in claim TO II; Mr.. Smith said that ut this time
no was in very feeble health, and that Mr.. Hsskin
came TO his house and abused him, calling him
seoundrel, and threatening with his cane to break
his skull; he (witness) tainted; Mr. Taskn did
not break his head; Mr. Haskin then served
mortgage was thus delayed; Mr.. Haskin filed two or
three Res pendens after this and witness had to pay
MED that he mad ever been Mrs. Breck's counsel or
bad ever had any OF the conversations ascribed by
aer 70 a n IN aS vo s Ws against his
Interests; Mr.: Bapkman told him one day that he
had found the papers ID s st S 81 naTe or F.
gage and asked If matters could not be settled
he had expressed Willingness to do SO, and, In
what Mrs. Breck ought to have, he twitnessl had
suggested $4,000; they had then gone into some
street houses at $4,000 and the matter was arranged
snbstantially as afterwards fixed; the Long Island
wss e Saa nosns to
personality OF the estate; that went INTO the hands
Tne court adjourned to Monday next
The Union Pacific Railroad War.
Before Referee Redheld.
Ntffgam NJ. T,ceed, Jr., Receiver, rs. H. q crane
and TIE Corn Exchange Bdnk.-The examination Of
witnesses IN TINS case before the referee was re-
eumed yesterday.
Mr.. Clark Bell appeared as counsel for defendant
Crane Mr.. Tracy for the bank and Mr.. David Dudley
Field for the receiver.
The first witness called was Mr.. II. c. Crane. Ex-
aained by Mr.. Field
Q. Have you the check book or bank pass book
mentioned yesterday A. have, sir.
q. Open your check book and say when your last
deposit was nader A. April Q.
O. What am0nntf A. $l,125.
O. When was the last check drawn A. April 4.
q. For what amounts A. $31 Oh.
Q. What is the total amount OF deposits since
January 1, 1897 A. $63l, 24o so.
q. What Is the total amount OF checks drawn since
that timef A. $e29,S ss.
q. Were any OF these checks drawn for account OF
the Union Pacific Railroad Company
objected to as Incompetent aud improper. II Is
not competent TO SO back to January In regard to
Objection overruled and testimony received. Elk
cepu0n by DEFENDANTS.
q. Is there not a check for $4,000 that has been
paid since the Injunction with the consent OF the
Objected TO BY Mr.. Tracy on the ground first, that
that fact has already been proved by the president Of
the bank ana there = no contradictory evidence
allowed 10 occupy time by accommodating proof on
that point, and The question rs not admissible for
any purpose except such accumulation.
Referee decided 10 admit II aud overruled objec'
ton
Y. Have you lately given a check for s2,5oof A.
gave q check for 81, 800 on the Sd OF April.
o. Was not that check given for account OF the
Union Pacific Railroad Company A. NO sir.
U. Look at the check book and read from u, ana
show me the marginal entry Of that check Witness
shows the marginal entry. at request Of plaintiffs
counsel and reads ~ on, as foows-"C. y Bushnell,
April 3. &2,b10.v
q. What was that check given forf
Objected to by defendants counsel. A discussion
here ensued between the counsel ON this. over
A. gave /, TO Mr.. c. $. Bushnell and charged him
with II; did not see It after gave II to him.
q. DO you mean 10 say You no not know what you
gave Tito Mr. Bushnell ior, on to what use ii was TO
DO appiedf
Objected to, as already answered, owned ami cd.
A. I have answered II already az fully as can;
nothing OF my own knowledge, more than above.
Q. Is Mr.. Bushnell a director Of the company
Mr. Bell objected as too remote for the contro.
q. Was the check given to him in the once Of the
Ssrsy that sGs An o e 10 Room 0 Of
the Union Pacific railroad Company; one corner of
TIER room Is partitloned oiIi the company have
nothing to do with that r00m-that ie, they do not
transact any business In that corner; that Is my
place; the check was given to him in my orice.
office Of the Union Pacific Eailroad Company A. il
IL IN the same room.
v9. DO you hire that corner Of the Union Pacific
q. You spoke yesterday OF checks deposited by
you ~ assistant treasurer; were these any OF these
wlncss-what checks are you talking aboutY
.0 DO You , not a, know what cnecks Iam talking
OF yesterday were not deposited in the Corn Ex-