The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-28
TIE TAYLOR WILL CASE.
Strong Testimony for the Pro
ponents.
Wore About the Search for the Win-Taylor's
Feeling Toward His Grsnddsughtcr-A Le-
gal spat-Irre,evant Testimony Intro
ducsd-A Decision by the urrogate

61se approaches an emu the eACNcucut hIouH thS
large number Of persons directly and indirectly
concerned Increases Surrogate Hutchings' court
was completely crowded from ten O'Clock, when the
case was called untn the adjournment. The evi-
denCe gwen IN favor OF the VIII pres ned for pro
bate was important, but an immense mass or testi-
mony OF an utterly irrelevant character was offered,
thus consuming the time OF the cour: unnecessarily.
HIS Hon had 10 Interfere several tunes during the
day TO prevent the counsel FOR the contestants put
tiny IN unnecessary matter. great portion Of the
cross-examinaton OF witnesses was merely corro-
borstiye and was without importance III the case.
IL Will probably take three days more to conclude
the evidence Tor the proponents when the Surrogate
VIII give his decision.
TESTIMONY OF MR. BENJAMIN rIEIDs
Mr.. Benjamin Fields was the first witness called
70 the stand. BE testified that he resided IN Albany
and knew the deceased, Mr.. Taylor, for period OF
sixteen years and had frequent business transac-
lions with him; had business with him last summer;
Think il was the last day OF June, in his office;
Mr. Robert Murray, Mr.. Jackson and Mr.. Wethereli
in the office; MIR. Taylor requested me TO retire
into the adjoining room FOR few minutes, as he had
private business with them; they probably
from ten 10 forty minutes together subsequently, Mr.
Taylor entered INTO long conversation with me re.
garding his acquaintance with Mr.. Wetherell, III
winch he spoke OF him IN terms OF great friendship
To Mr.. Clinton-The reason the lst OF June was
pot In lie Will was because the gentlemen named
we're in Mr. TayloT's oilce on that day.
MI. WELLS TESTIMONY.
Mr. Henry S. Wells contractor, residing at the
Fifth Avenue Hotel. was then called. lie testified
that he knew Mir. Taylor intimately, ana was with
him when he died; very nsqIeDuY saw him wrIte
and am familiar With his handwriting. IThe alleged
win was then handed the witress.l nave seen this
win before, III The Surrogaie's oaice have no
doubt that The signature is genuine. Witness then
described Al length the part he and others had III
searching Mr. TaJl0r's Office Tor viii. The exami-
nation OF the safe was not Very minute, anu the
papers were al my suggestion, put IN 4 TIN and
sent 10 the trust Company; III our first examination
OF Mr.. laylors QeSS we iOlnl very important
Papers, notes OF hand aud bls; only the drawers
The desk which were thought 10 contain
IAl oRIANT DOCUMENTS WE'RE CAREFULLY EXAMINED
On The second examination the desks IN The cut
searched, but not carefully; su ges.ea that
should examine The bookcase; pulled out couple
others not seeming TO tainh IL necessary put them
back again.
To Nj. sto 1ghton-Taylor was In the habit OF put
his uesk.
Tt Mr.. Andrews-Mr. Taylor was intimate with
Mr. WetheIel ami expressed desire 10 take care OF
him; Mr. jackson was president OF some political
association, and as sucu Tdy.or and he met Ire.
quently; my visits 10 Tayiors once were frequent
the months OF Jnne ana July; | met Robert Murray
and General Spinola there nuiAeef OF unes; also
met NJ Ben Field there on several OCCASIONS we
mad meetings there every lew days on business con-
nected with the Georgia and brunswick Railroad;
after Kate's marriage had a conversation with Mr.
Taylor al his once.
A LEGAL STAT.
Mr.. Clinton objected 10 the witness stating that
conversation, on the ground thai he was compelled
TO RESI- ms case without being able to oner letters
showing Mrs. 1ayors fraudulent representa- ons TO
her husband concerGlng hate. he quo,ei Herman
anu other pfecedenta In support OF us posiIoa and
submitted that Tie whole case had been narrowed
down 10 tue question OF forgery or no forgery.
Mr.. Sioughton SAID tnat II Mr. Clinton Was correct
tAree-iouElhs OF the maudlin testimony introduced
al tglr ~
kate would nave 10 be stricken ont lie denied
that Mrs. Taylor ever misrepresented Kate AMI ne
ergmatlzed as unproiesslonal conduct The part OF
Mr.. Clinton the statement that any leJicrs
tant showing fraud on the patt OF Mrs. Taylor.
Counsel argued at considerable length the prsce
dent cases offered, and submitted that either Tue
previous testimony showing the disposition OF fay
Nor toward ms daughter he stricken out, that tie
testimony the witness was prepared 10 give should
be admitted.
Mr.. clinton replied IN support Of his objection to
the admission OF evidence, showing
THE DISPOSITION OF TIE TESTATog,
though given IN djttc0lo morris.
HIS Honor the Surrogate ruled that, as no EVIL
dence had been offered show the lntaatlOA OF Lr.
Taylor TO leave ms properly 20 A!is. HoHland, IL
would not be ne cessary to question the wItGess
the point objected TO.
The exaluilation Of the witness was then re-
sumed BY MT. Andiems-l am ia4iliar with Mr. Tay
lor handwriting; this pointing TO the signature TO
the VIII L MI Iaylols wiring. the handwriting IN
The body Of the Will Is not tnaJ OF George Jaryei- 8
Sherman Il. Chalee, clerk OF the Fifth Avenue
Hoie- was Then called and examined by Mr. An
Fiea al ihe hotel on the IN OF June, auu thai
he let ON the lst OF July, which he did.
Mr. Clinton objected, Oh tue ground Of nree.
vancy.
Mr. Mills was then cross-ezamined by sir Chm
ton -Mr Taylor was not director OF any railroad
with Ine but IN that OF the Georgia road Counsel
questioned witness at great length with reference
Mr. Taylor's transactions win George Duryea.
THE SURROGATE INTERPRETERS.
Els Honor SAID that lie would rule cut al that evil
dence. II Ead nothing 10 do with the case what
Crosse Examination continued think that George
Duryea writes pretty regular nand: nave seen hiIn
AuDlld nply
his nandwrting never saw Mr.. Taylor write last;
he invariably wrote with deliberatcn the signature
10 the VIII is Mr. Iaylors; It was, l tank writen
slowly; he always wrote his 81 mature slowly Wit
ness was SHOWN a number OF signatures OF Mr.. Tay
marked that II was written with more haste tnan
was usual with the deceased.
TESTIMONY o. RICHAED MOTT.
MIR. Richard Mott, q lawyer u this cItr, was then
called and examined BY Mr.. Andrews-I knew Mr.
Taylor Tor twenty years ana was his counsel Tor five
years: saw him write nequenly the last occasion was
IN July, 1895; am familiar VITA his handwriting.
tThe alleged Will was here sDowu.l nave 10 DOUBT
thai the signature 10 tins Will is thai OF lanes b.
Taylor; do not see any word Ia The VIII other than
the signature written by Mr. Taylor; Taylor ara not
always write his signature III the same way.
TESTIMONY OF JOHN L. PITEB.
Mr. John l. Piper, examiner in the United States
Treasury department, called-WaS clerk IN JDe
Union Place Hotel while Mr. Taylor resided there;
was guile intimate wuh HIM tnen aud afterwards
until the time 81 his deah in the habit OF gong
TO ais ONCE and TO his house; was intimate with MS
family; the last conversation had with Mr. Taylor
had conversation with him about his viii after he
made It.
Mr.. Clinton objected. Mr.. Stoughton said he pro-
posed TO STOW that a conversation TOOK place be-
tween the witness and Mr. Taylor in July. The
question was, was that conversation relevant aud
Admlssables Counsei argued that i was.
THE TESTIMONY Admitted.
Surrogate Hutchings said In deciding on the ques-
ion, that the same question kad been raised before
during the day; after a careful examinaiOn O. the
authorities quoted by counsel ON either SIDE ne mad
decided 10 admit the evidence offered. Lis Honor
gave his reasons for so deciding, with MS usual
clear and lucid manner, In determining points Of
Law presented TO him Tor his decision, There was
quite buzz OF excitement in the Court al the con-
CluSon OF the Surr0gate's remarks.
AN IMPORTANT CONVERSATION.
The examination was then continaed-We had
been IN conversation FOR some time, wGea advised
HIM TO give up business as he had money enough:
he said, .'Did not tell you that / have made INV
win did. and gave Katie $500 per annum;n
asked If he gave Katie enough; he sad "WelL yes;
mn u. -