The New York herald., 1871-02-01
"The Best Custodian Of the Property was She
Who Helped Him to Make IT,"
George Duryea on the Stand-..
Important Testimony.

opposing cOunSel Dut Tor the Watchful care or the
learned Surrogate who, since the has been
before him, has nrmly prevented the admission Of
irrelevant testimony.
TESTIMONY OF MR.. CHARLES ". BAKER.
Mr.. Charles W. Baker, being sworn, was examined
by Mr. Andrews reside at No. 17s Madison ave-
nue; knew the deceased, James D. Taylor. for
thirty years, and our relations were always OF the
most intimate character; during the last few years
was in the habit Of seeing him two OF three times
week and had great many business transactions
with him; during the time his family was absent In
Europe frequently dined and breakfasted with him
at his residence on the Monday preceding his death
breakfasted with him, and we had conversation
In reference to his will; he said
HE LEFT THE BULK OF HIS PROPERTY TO HIS WIFE,
who helped him to make 1t, and who, he believed,
would be the best custodian OF It, he remarked that
after her death he did not care what became CT it,
he also told me he had left
KATE FIVE THOUSAND DOLLARS A YEAR
in her own right have seen Mr. Taylor write so often
that think would know his signature; have no
doubt whatever that this signature tine signature to
the alleged WHY is genuine.
Cross-examlned-I was not In partnership with
Mr.. Taylor in any business but we both had Joint
interest In certain transactions was at the house
Of Mr.. Taylor daily for week or ten days before his
death; did not see hinself and called merely to
frequent letters from Mr. Taylor, probably averaging
one week; from 1865 to 1867 received quite as
many letters as before; have had checks Of Mr..
Taylor on the Shoe and Leather Bank and they
were generally signed James B. Taylor; never saw
this Will until TINS morning ana made no examina.
tlon Of 1t until placed on the stand
GEORGE DURYEA CALLED.
Mr. George Duryea was called and examined by
Mr. Anthon. He gave his testimony in very cool,
ninth street; am now superintendent OF the Post
9ce and ID ma have charge nf af The entire oce
ing; have held that position since 1869, and
obtained It through the, deceased, James b.
was his insurance clerk; renamed with him until
the summer Of 1861, when | went to the war and
able discharge by special order OF the War Depart
ment, at the request Of Mr.. Taylor; returned to
New York and continued in his employment until
the time of his death; was more familiar with Mr..
Taylor's handwriting than any man living, and
was his confidential clerk; sat at his desk for hours
together, when he would write whole sheets Of
paper Of his signatures l see the signature
10 the Will; 1t Is the handwriting OF James b. Tay-
lor nave no doubt about it; the latter p,rtion of
the body OF the VIII is also written by him; it IS too
plain to admit OF doubt first this will the day
1t was found by Mr. Sweeny in 4s Pine street; was
and saw 1t; don't know whose handwriting is
IN the body of the will; no part OF the Will is in my
.sRECoLLECTIoNs OF A BUSY LIFEn
Cross.examined-M first acquaintance with Mr..
Taylor was through an advertisement In the news
whom I lived at that time; | did not live in Great
Jones street; lived In No. Great Jones street for
employ; i also lived at l2s. West Twenty:third
street, and none Of the residents of that house
military duty; became Mr.. Taylors confidential
clerk about 1862 1868; kept Mr.. Taylor's hooks
anG .ney Were reGora 81 ms naneal
in Mr.. Tayl0r's desk and IN my own; never saw
him file away papers in any other place; was at the
office regularly in the months OF July ana August
last; sometimes went TO his office on Sundays;
from the death of Mr.. Taylor to the ed of Septem
ber visited the office IN 4S Pine street and my name
was over the door during this period never saw
Mr.. Jackson or Wlthere at the office; it was nearly
five months after the death OF Mr. Taylor when saw
any OF these men at the oiice; might have had
some special reasons to keep me away a week from
the ONCE, but il had 1t was some business ransac-
tion: saw Jackson at the Post Office several times,
but have no definite recollection OF any conversa-
ton that took place on any subject whatever; do
not remember hearing him say
IT WAS STRANGE THAT NO WILL WAS FOUND
from the death of Mr Taylor to the I'D September;
do not remember having said anything to him in
1t did occur; during that interval / don't remember
ever speaking to him, and our personal relations
death don't think met him at No. As Pine street.
nor am aware we had any appointment there;
don't remember having any conversation with
ten days after his death; was never in the Office Of
MIR. Taylor, alter his dealh, with Jackson and Wither
ell for any purpose whatever; l often saw Mr..
PRACTISING WRITING HIS SIGNATURES;
he often wrote whole pages OF signatures; don't
know what he did with them afterwards; ] never
Saw the handwriting in the body OF the will
before; don't know who wrote 1t; Mr.. John
owen the lawyer, writes like this; it's a common
hand; thought it was MT. OWENS handwriting the
day the will was found. and so remarked: Iwould
not ike 10 say mat this IS Mr. OWENS handwriting;
don't think ~ IS; am on my oath now; contin-
ued TO believe 1t OWENS handwriting for one month;
lnever heard anybody say that The writing was
that or Mr.. Owen; | don't remember having said
within the last two weeks that could break the
WIN IN minute or anything to the ciYect; cannot
DC mistaken as TO who wrote that signature to the
TaYlOf'S confidential
or eight years; had one oi ihe keys to his safe.
CoNTRABAND QUESTIONS.
Counsel here asked number OF Questions. with
view OF eliciting showing that the witness
was frequently denounced by Mr.. Taylor a scoun-
drel, M l a dishonest man. &c They were excluded by
OF the relations between Miss Weston, one OF the
leGatees, aud Mr.. Taylor were also excluded by the
Surrogate. The efforts OF Mr. Clinton 10 obtain
answers to these questions caused considerable
feeling among the ladies In court.
Crosse xamlnatlon continued-I have had no
consultations with Wethereli or Jackson concerning
this case; the last time saw Wethere was in this
court.
Captain Jonas r. Levy examined by Mr.. An
drews-I knew Mr.. Taylor intimately for the last
twenty years and am acquainted with his hand
writing. Tne viii was here shown the wtness.) l
believe that thls Is James b. Taylor's sgnature
have no doubt about it.
Cr0SS-eXaminel-I followed the sea for q living
and am now real estate agent; have been mer-
chant shipchandier and everything else: sold ale
ls46; have had letters from hlnl: nave seen him
write frequently at his store in Wall street: Mr..
Taylor always called Mrs. Taylor the "Quecnn ana
knew her by that title.
Mr.. EDWARD II. TRACY's TESTIMONY.
Mr. Edward II. Tracy was then called and ey-
amihed py Mr. AndTeWs-l am engineer IN the De.
partment OF Public Works; was very friendly with
Mr. faylor and knew him for a number OF years; I
was very intimate with him for the last few years OF
MS NE; eftsn saw him write; have occasionally
received letters nom him and am familiar with his
handwriting tthe VIII was here shown; j have ne
doubt That this Is The signature OF James Is. Taylor;
Mr. Sweny found the VIII in a book-Benion's
Thirty Years IN the United States Senate; had q
conversation with Mr. Taylor ABOUT his books before
he died; he wanted TO give me OF his; he said
he would give me two volumes OF Benton, and
replled never mind new, wait until you
get well; we were Interrupted in con.
yerailon ana the subject dropped; ] am tile
=. II. Tracy named as executor ia The wilI