The New York herald., 1870-12-29


the fat OF history has stamped them as something
more than usually interesting ana Important, not
only in the times past when the occurrences and
acts detailed transpred. but which convey lessons
Of precedent, or 1t may be warning, 10 the i'm
mediate present or future.
THE LoCHY oSTRoM CASE.
We have had many important will cases OF late,
transcending IN interest most sensational stories
OF the day, coming up before Surrogate Hutchings,
while from another district appear almost once a
week In the HERALD details or the extraordinary
lro and death OF Lochy Ostrom, disclosing the
quaint and inner life OF actually century ago ana
the grasping and inc0nceivable avarice or the
present.
THE ALEXANDER WILL CASE
is Of very late date, and all remember with what
persstency the daughter OF the deceased, Mrs.
Burke, who came on from New Orleans here for tho
purpose, fought her way straight To u complete VIM
dcation OF her rights, despite of most plausible
and well supported opposition. Then comes
FOX WILL CASE,
the American pnilanthropist per sc, who thought
by the beQucst OF much money ana property as
Stewart or Astor, or any dozen men that might be
named In a breath, might give away ia this season
very "seasonablyn and not miss II, that he could
wipe out the whole national debt and save tho
Executive for oil time 70 come and the financial
quld nuncs who have been, are and will be TO the
end OF the chapter in trouble upon that troublous
question, all trouble thereon IN the future.
SO 1t seems that win win come upon Us
''willy nilyn ana the men VINO would not, while
living. nave given the chance or groat to lawyer
'will'' after all that the great bulk II not all Ia
fact, OF them accumulations snail go the pester-
rascas.n
THE PRESENT ISSUE.
Surrogate HlchIngs seems quite resolved to let
this whole matter TaylOr will case po N tna
public without reservation or conceanent. .Let
the CALLED Jade wince,n MS withers VIII be
uIwruDg for any favor affection he win
show TO either side. The pro,estants and the
contestants have entered the arena, the fight
lies between them and tn em alone. They have an
peaed TO the courts and that appeal, from moral
standpoint, is an appeal 10 the whole community.
surrogate Hutchngs Is but partial arbiter and
cannot rule upon which side the weight Of evidence
on the facts WIN preponGerate when the whole
public are the jury. The case, however no may
decide H. win no doubt so TO higher tribunal but
IN the meantime the progresses, as the par
ties lltigant the highest society," as the re-
latlonship between them Is OF closest character
and the umount involved 10 .smali plumn 1t is no
wonder that public attention is deeply attracted
10 the case.
The Surrogatc's Court room was crowded yester-
day by the principals ia the Taylor will case their
relatives and friends, reporters lawyers and large
delegation OF the curious from the regions OF upper
tendon. His Honor took his seat shortly after
twelve O'Clock.
TESTIMONY OF MIR. JOHNSON.
Mr.. Henry w. 10 hnson, q practising lawyer was
the nrst witness called. Examined by MI. Clinton
was intimate with Mr.. Taylor for ten years pre-
vious 10 his death; was familiar with his way OF
doing business; he generally kept the drawer OF his
desk in his office locked; saw him frequently filing
checks; know George Duryea; recoliect hearing OF q
VIII being found about that time had converse
ton with Duryea; asked him II Will had been
found; he said no, but II would be an easy matter
60 find IT. would not swear that Duryca remarked
that 1t would be easy 10 get Will; the last check
gave Mr.. Taylor was IN February, 1870; am ac-
quainted Win his handwriting.
Al this point the witness was handed the copy Of
THE ALLEGED WILL,
and was asked II the signature TO IT was that OF
answered that il was not his signature.
Mr. Andrews then cross examined-Have frc-
qucntly seen Mr. Taylor write his name; don't think
this signature is Mr.. Tay lors from IT'S appearance; t
resembles 1t somewhat. but Is short too Grabbed and
precise (another signature was here shown the Wit
ness and identified us Mr.. 1ayors)-there IL more
regularity In the signature in the Will tlian in this.
A humber Of other signatures Of deceased were
shown the Witness FOR comparison, but counsel Tor
Mrs. Howland objected TO that course. The Surro
gate sustained the objection on the ground that The
witness was not an expert.
Examination continued The conversation be.
tween George Duryea and myself took place ia tiie
business with Mr. Taylor was in January 1850 con
cerning the West Washington Market affair; after.
wards had TO do with the Fort Ganseyoort matter;
Mr. Clinton requested rue TO come ana testify: having
shown me what purported to be photograph OF the
win. made an examination OF several signatures
In my possession and compared them with the pho.
tOgraph; made up my mind that the latter was |
lacking IN the Characteristics OF
MR.. TAYLoR's GENUINE SIGNATURE.
Mr.. Robert Glen was the next witness examined |
by Mr.. Clinton and testified that he acquainted
win Mr.. Taylor Tor SIX seven years and had somc
ms signature, having seen It iye times; was
IN hs otlcc al least half q dozen times: saw HIM
write his name: my opinion Is that the signature 10
The Will here shown is NOT genu lie.
Benjamin /. Mudgeti, beng sworn and examined I
by MT. Clinton, testited that he was lawyer IN |
practice; knew james =. Taylor very ultimately for /
seven years; usually saw nim three times week; I
had political, business ana personal relations with
hm UP 10 The last day he was In hls office before
death; about feur years ago Mr.. Taylor spoke TO me
about making his Will; he wanted TO know wuaC I
we're the best charities to leave his property to IN
case his granddaughter Kate shoud have no Issue: |
The last conversation We had on this subject was in
April of this year, when he incidentally mentioned
that Mr. Tracy was made an executor in his WAL;
AFTER KATE'5 MARRIAGE
1had conversation with him about that matter; he |
seemed much annoyed, but 1t seemed TO Inc that |
that feeling was not very deep; on MANY occasions
he spoke or Kate IN ffe aGecilonale Terms; his
heart and soul seemed bound UP Ia her; down to |
the last time | met him he spoke in the |
warInest words Of anectl0n fol Kate; have known i
one DAY alter Mr. Tay!ors DEATH; ne said thar wii
had been made; when the will was found he said
tnat Kate was going 70 oppose It on the ground tat
II was forgery; MIR. Taylor's habits in business
were very metnodica! and particular about bis
papers, he Invariably filed his letters, whether they
were Of value Oh not; never knew him to leave
papers Of value lying about loose; he kept his |
papers In his safe; was one OF the persons who
searched his ofice, after his DEATH for the wiil
there were number OF others engaged In It.; Mr..
Edward H. Tracy had The key OF the safe; this We
searcned thoroughly, took ont every paper and made
careful examinations; we also examined every
desk and drawer In the Office In the most thorough
manner, including the desk OF George Duryea; we
Iound no Will; l have seen Mr. Taylor write great
number OF times, more than hundred; have seen
him write carefully and slowly;
HIS STYLE WAS NERVOUS AND QUICK;
when he wrote slowly he wrote badly; his style was
always the same. (The alleged Will was here shown
the wtncSs.) l have no doubt In my mind about
this; the signature Is not genuine; 10 would be I'm.
possible for MIR. Taylor to write this signature; he
coudnt do It II he took six months 10 try.
Cr0ss-examined- am certain that this paper 1.-THE |
alleged Willy was not In the safe or desk when We |