New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-13

MN az one TINE, but re could not TX the csafS GAtc
"rHE SOTH or JUyE"
Now NJ to the presence OF other persons than the sub
sc1Dng witness on the OCCASION viz the Goth day Of
June, 1870, deem it eoncusiyey established that Mr.
Field visited the Office that day. The precise day
hardly admits OF Doubt especially with the evidence Of
SIR Chafiee, clerk Of the Fiftl-aye. Hotel who had
csaree OF the res,ser Oh SAat Loase All ~ Field tes-
Wihere and Jackson. He testia 4 poNf.-eiv a. 10
what occurred at tAat time as to private business be-
tween Mr. Taylor and the subscribing witnesses, and
which II easily rcc0nclabe with the character Of the
business which they testify he had win thou-a bust
Mr. Taylor said 90 Mr.. Field, WIZ you be 30 kind as 70
step into the other roomi desire to sec these gentle
Mr. Field tesaes that he also saw there on that occa
Sbatber oo'lt slifsy, Vioasn ~ o3 te.s1P.t
Gen. Boynton Of Ohio was there
And thus the testimony OF Mr. Field r. consistent with
the evidence MI WhSre as 10 the presence OF other
persons IMAM Mr. Jackson. Mr. Witheel stated on Bis
examination THAI he did not take much notice who
were IN the outer room, though lac saw JACK On spnoa
ana hg stout iian-a man he there frequently "a
description agreeing with Mr. Field who tesfines that be
visited the Office Otteu there might have been ono
or two Others And Fed thus cor0bogaes the testl-
nony OF Jackson who says there We're several there"
yns ne docs not remember who they other than
Next, It appears from the testimony Of Mr. Murray
tha on The Day IN the Summer OF which wac recalled
to him by the statement Of Mr. Field IN regard to a
conversation Mr. Taylor joined, 10 which AR Fields es-
q nony likewise refers, that ne met A. he coming IN,
he went in he found Mr.. Taylor telling a story about
Whcrol 70 pit. Field which Is the same story Mr. Field
recitcs He thinks Gen. spnoia and Cen. B0ynton
there also, though hc could not el to mind that Mr.
Jackson was there AT that time.
IL is important 10 consider IN this connection that.
the time Murray came in Mr Taylor and Wiherel and
jackson had separated, for M murray met hr With
ercl In the hall az he was going down stairs.
Gen SpnOas testimony also cOrT0D0rates the fact that
WtDerc, jackson, Tayor Field, and Murray were In tho
Office 0u the day ia question: aud thinks Gen. EOyAton
there also.
no EVIDENCE OF FORGERY.
Hayinc thus presented, think substantially, all tho
evidence bearing on the question who were present at
the Office Of Xr Taylor the day Of the alleged execu
ton Of the propounded paper before coroborayp
OF the testimony OK the subscribing witnesses must de-
eide that there has been no evidence presented by tho
contestant at variance with t In any respect Neither Is
the crediby Of either OF tie witnesses Ped Marray,
and SpiuOla in any manner questioned or inpcached,
either By their cr sseAaminatIOn or by my evidence
Tpon the evidence already advertcd to- II not other
wise overcome should be compelled % regard the ad-
fully established; aud it only remains nov 'or me 20
me contestant offered as showing or tending 10 show
that the ment l. wholly inconsistent win the afec
ton aCts declarations OF the deccdent toward,
In respect Of bis granddaughter and II ~ wholly neon
ssent am asked dsclde tlat the paper not gtnune
and that the subscribing witnesses have committed will
fu and corrupt perjury besides being accessory to tho
Il is obvious hat evidence Of that character must be
overybe in order 10 impeaoh the genuiles of an
instrument, supported b. sucn positive testimony az
soDehat wider range Of inquiry WIS allowed 70 The
contestant m hcr proofs ~ these respects than now ap-
pears have been necessary but 90 The tuc I'D nos
icel in,tided m combining counsel 10 such marrow r.g
urous limitations might exclude testimony bearing on
the possibility OF the execution ot Wall % 1861 Ike 40
eyecntsd uafar I-,parrl by Mr. Nar,a au found in
tie desk of the d,c,dtnt (and by him dcu fed as tie
very paper that from bis office with the Gaze Of july
10 i7 inserted ready lor execution aud which might
tIus prove executed, and not merely cO.tcmpatci
testaneutary purpose more favorable IN it terms 20
he contestant tha the pont row m question; but
the evidence presents 10 YO1nt tof JclrfIne mat
Will Ike the plp.r drawn D" Mr. l-ff 81 I6', was ever
ex.cnted anu ot AlE been uOAe t lie 10 Dc regarded
u4t fllg 4
tertaued but atICrWgrd held In suspense ana, must
hold 10 have brru nuaily aband1ncd and 30 h. there
fore now 10 De considered ike any OJDcr dee arlUns Of
the decedent mad. three years before me dhte OF u
pronounced instrument, aud indicating more liberal
views 0t the disposition of h property toward MS grand
daughter; though as OF little controlling Wtight "a INC
sric OF evidence compared with acts and declarations
three wears later after event Of his ganddaughters
marriage, and under the other cc"AsI'1cs p-o'eulh
Notwithstanding a very considerable oegree Of lat
tudc was allowed the cOnstdH IA berpr0OIS 0t tho
dccedents declarations OF intention 20 make dieres
Ii.uosltiou o his property of his deth Dut, II
aupears, never eXcced 10y VIII, embracing decaraLos
a. long ago l7, and offered in connection with the
,trer so artwu Ly Mr. Marsh, as teudLg 20 show tnt
one ike 10 had been Consumnato-ly yet AmtedtIe pro-
Moments their offers OF declarations Oi thr atceent -
10 his making or having made viii On IeDnial OF INC
allegation OF forgery Of TIE pr0ponie pdep' % ur
claraons made ~ the d,ce1eht'Giel me as oL the
n1rer now in question. that ne mad made w Wlihahy
statements by him any OF It's provisions totfe'pond1s
WITH 80 a. identity, tAe paper as the ore FeeI' %
moi 10 hc taken however direct proof, but only 40
corrObOrauye testimony OF the JdctHHi.
THE UsEXEcUTED WILL.
Taking the evidence. altogether, on LDt Faib vi th'
contestant 10 show declarations Of docecalt that he had
in tct executed will like that prepared by ar Marsh it
sso it and unsatisfactory that seems hardly neces-
s,rv 10 comment upon it in detail. That he did noe
wholly abandon the thought Of it until after The chds
marriage may be true Mr. Van Ycchtoa stiles that
very shortly after the marriage tno eee.n' iaI"iS
hi, opinion vAe,aer tlat lhf"NoL uig ny " -
change in lis VIII, the inquiry having iti.ignce 70
IT, and was TOLD by Aln no and one o.Sf wt5ess
Nit. Cooper, t,sti o. som, cJAs ef''ol VIZ. NC
luien.4Oh AOt 10 "i.- '5 i' s,- 80 s1id
interview with him, jus, aNtt Jhe, H..-l.So' a@'u
~, bu'I.irD would not get Gay OF MS money!
luf M C0r,er also lid That go neither OK tii Fcfti ~
icr,isws Wil III Tyior IN winch ne feietIah - WIZ
iooT teJ In a ng before the marriage Of any will,
9s made 10 any .t Use Witnesses who nae i,stlhcl On
that point liObDt 80 VI r. we l'l' IN - -
sid fbaf on had been actGiy siencd tine 0'eeqehJ &c
erred o s TO s' 1 drs%er u h5 os desk and
which NJ Marsh shows was the very paper RI VIII 4lt'
resos for the contestant speak OF any declarations OF
tine kind maue ale, week or very snort p,iloA sD'e
greut 70 the marriage; and II needed amy over sun
port Of my conclusion on tAAI snpeo ~ IS 'D,s o.
Marsh. who acted ls ms pllFatc coUi-ti ~ lh'
rr.u9T4tion Of the paper, aud whose name wac Ia.
sorted rs IN executor ny ule eApess ui.'otO1s -"
the drcedeac, csacs taat his ri2urLs rs counsel az u
his friendly and intimate relations Win hIA Conunle !
dents OH e on "Wednesday 10 see him on some important
law business and found tLat he was qul,c GuWcii, aud
advised him 10 20 home ana hecihe,i SoIls "n W. m
business before him. and that he dl'o Oh we HoiHiay
after and he sur ht cteTy dHB hHtuht otH' -'"' ~ ~
Stsrs il silent s 10 y reference by MI Taylor on to %
occasions the existence OF tue VII Ee pr. aic ~ ~
crec,fgd paper am ett TO infer tDG; NJ. Ir.Or, sO
said nothing b. him abOgt II which was rainy r.
markabc under tie circumstance II INC ms
had been executed aud were stu IN i0rcei Ot Jt ~
hans singular a another WILL not drawn ~ Mf h+i ~
had been in fact signed emitting All the chiiits In,
toned IN the ucyeeuted paper consstin5 o. tASS ,
named b. NJ. Marsh, under the authority ol NJ l@yiot
10 insert any he deened worthy o. bequeat - ease Dol"
Mr. Taylor and Kate died without lsss' .,...
ON the other hand the ease Iurlish Inc on"Ni.s
timony of declarations Of the dec,de hdct ~ tI tt
dac ~ the propounded instrument June % ls'V ana
OF the fact OF the existence ana n
OF such a paper; in my judgment class % ellyu no
ou ible but of great importance upon bc qut'-
tion OF 0enutueneSS OF the ydcfUh, "lth suoL &c.
tons are proven by intimate and conn lh,t'' "a -
who are cl,r and posye IN their st+te'1ta tlu N"l
versations and especially when u appea ~. ~
were made under such Circumstance, ~ 80 $50 hariiy