The New York herald., 1871-02-15
TIE TAYLOR WILL CASE.
Summing Up Of the Case for
the Contestants.
The SCENE IN THE SvRRoGATE'S COURT,

the Surrogates Court was crowded yesterday
morning by the relatives ana friends OF the
ltigants In the Taylor win case. 1t viii be
remembered that yesterday was the time appointed
by Surrogate Hutchings for tile summing
up by counsel aud the largo attendance OF specta-
tors Is therefore accounted for. However dun and
ualnterestng the evidence was on some days during
the progress OF this remarkable trial. such was tho
excitement In fashionable circles In consequence OF
the standing In society OF the ltigants that the
court was always crowded. But most people prefer
to listen to the eoquence OF eminent lawyers than
to tedious and onen irrelevant evidence Of wit
nesses. There can be no doubt therefore, that had
the day been nne there would not have been stand
ing room In the court. Mrs. Taylor ana her lady
friends Mrs. Rowland, sr., ana Mrs. HowIand Jr
and all the
TEARrULLY INCLINED sYMrArHrzERs
on both sides were present in force. The chairs
the reporters table were occupied by prominent
citizens VINO either witnesses or spectators on
Andrews, counsel for Mrs. Taylor and Messrs Ohm.
ton and vanderpoel were In attendance early. His
Honor the Surrogate took his seat al eleven O'CLOCK
and Immediately called the case.
MIR. CLINTON FOR Tue CONTESTANT.
Mr.. Clinton then proceeded 10 review and COM
menr on the testimony, 1000 folio pages OF which
lay before him. He spoke OF George Duryea as the
tool Of subtle plotters In viany, and declared the
viii to be an infamous ana daDinable forgery. The
viii executed by Mr. Taylor In 1887 was the only ono
he ever executed, and which ought TO be III exist
ence now unless destroyed py those who got up the
spurious document before the court The pracrcal
question for MS Honor to adjudicate upon was,
whether forgery should DO legitlmat'zed and
the perjury by which 1t has been sustained sane
toned in the very temple, OF the law; whether
a crime which goes to the very foundation OF
society. aud would blot out civilization ITSELF shall
be crowned with The laurel wreath OF triumph
Counsel then remarked upon the unacceuntable alb.
scnce OF George Duryea, eo-caed confidential Clerk,
when the search Tor the VIII was made. and that
Wiiness equiv under oatn, and submitted 10
the Court tat the evidence showed that even The
proponants witnesses. with the bind infatuation or
criminals, and smtten by The stlGgs OF conscience,
forgot the STORY tney came TO tel proved them
selves that but one will was ever made.
TaE REC0NCILIArIoS.
Referring to the testimony on ihe subject OF the
complete Reconciliation between the grandfather
aud the granddaughter, counsel quotea from the
describes the irst. interview between them alter the
separation. sne says that when Kaio was
tased to meet her. He, however, overcamo
whatever unSindy feeling ho had entertained
where Ka,e awaited him. The moment ne entered
Kate rushed towards him. he threw out his arms
Kate's Description OF tns interview is more IN de.
tail, as II would naturally be. Sue Gays that when
her grandfather entered the room on the occasion
the afst words her grandfather uttered, wero
'oH, KATE, now COULD you HAVE LEFT MBN
At that moment the grandlather's heart was
melted and hs forgave his Child for that marriage
IL any forgiveness was necessary. The proof OF this
reconciliation Is proved by undiaputed evidence
VINO slated tnat In their CONVERSATIONS with Mir.
Taylor ne expressed Willingness TO extend his for
gyeness to the ysung people and TO restore Kate 70
his affections. Following on this conversation WITH
Mr. Grinncil Mr.. Taylor sent for DIR. Van Ecltoa,
his old friend ana legal adviser, and III conversation
m "A n ms Mr. Tow
HIM,
"r HAVE SEEN KATE
and made Inquiries of the husband and made in
qqiriea Of the ismily Of the young man, and 1 AN
entirely satisfied with hum and them"
Dir. Taylor acknowledged tao suitability OF the
match II is true they were married without the
consent OF Mr.. Taylor; but certainly after the first
ton Whleh sa5seaasnty took place, wa Was It likely
that he would hpsoand tbs alssatsiactlon anu tlls
ment OF ibe young people was encouraged nom the
first by Mrs. Taylor herself She was present when
the ensasemenS ring was put on tn the nger Of tIs
the engagement, approving oi 1t III every respect
from beginning to end even consecrating II oy
engagement, and certainly never dsapproved OF II.
Why, then, should he blame Kate Tor carrying oat
With regard 10 the genuine will counsel presented
four prOposltons. Flrst, he contenJed that there
was but one willthat the genuine viii OF 1851;
that no other viii was ever made by him that Mr..
Taylor had no motive to change that WILL ana tnat
the will now presented for probate was forged
TO this VIII OF 1857 and to It only By that Will Mrs.
Taylor was made odian OF the property. 1t was
only allowed the use Of 1t during her lifetime.
Bakers recollection OF the conversation he had with
Mr. Taylor on this subject Ia that Mr.. Taylor said,
"My wife Is the proper custodian or the
| property These words can only be applicable to
the win Or lsgs and @ had no application whatever
the terms OF the will OF 1861, and mad no application
to this forced VIII. By this forged win Mrs. Taylor
IL made sole and complete owner OF all the PROPERTY
ana therefore the words snc is the proper custodian
OF the property" has no application to that forged
Taylor the CUSTODIAN OF the property during her e
but made Kate the nsir thereof at ner grandmothers
not aded to pobate every .S M
that the forgers Of this will will ere lony produce
the genuine will Of 1857; When ne alluded 10 the
distinctly understood as making no reiec-
ton On the character or Integrity Of the
! word which would tend to show That in respect to
the forgers OF the will she (Mrs. Taylor had lie most
iorgers. He believed her entirely biameless in tne
matter. There were 9 lew circumstances IN connec-
Gn with the otgea" WIN lS which mn nad amazed MN
! Qaackenbosh testified that day or two before Mr,
| Iaylors death he saw him. and Taylor said ne
| wanted to 20 do. to his onlce 10 find what no one
else could ind and that ne should so II ne had to be
| carried on stretcher. TINS testimony was intro
dnced ior the purpose Of showing tna the thing he
referred to was the villa paper which no one else
| but himsef could find. And yet thus very paper,
Thr II Saye a
| easily found by any one whom he directed TO 20
there ana 70 procure 1t. But II those words were
| ever used by Mr.. Taylor he then referred to the
mortgage which was discovered In the once among
/ his papers, and which was uurecorded-a mortgage
relating to considerable property In the State or
Georgia. This piece Of testimony had nothing to do
with this forged WILL II he referred to his last VIII
| end testament would he not have told his chosen,
lifelong friends, who were then around him, that
such an important document was then where 1t was
afterwards dlscoveredS ~ 1t at all to be supposed
or imagined that MI. Taylor would leave SO fmpor.
| tant document lying loose around where any one
might have found it9 That was moi at all likely.
But who was the man. who the scoundrei, the
| scapegoat, who had the capacity, the opportunity
and al the facilities necessary to prepare and pro-
| duce
| THE sFoRGED' WILLY
It was that man who surreptiflously Absented
himself from the time Of MIR. Tayors death till few
days before the discovery OK the WILL This man
| is GEORGE II. DURYEA,
the confidential clerk OF Mr. Taylor, who does not