The New York herald., 1871-02-16
TIE TAYLOR WILL CASE.
SHINING Up OF the Case for the Propo.
nent-ClOsing Scenes In the
Surrogate's Court.

had been let on. packed With spectators. manv
ol whom were ladies. livery seat ana chair In the
court and adjoining rooms was occupied and the
most Intense eagerhess was manifested by all to
hear the closing address Of counsel the Surrogate
on the law and the facts in the case SO great was
the pressure at the main door OF the court thai his
Honor felt compelled to order the officers Of the
court to admit no moro people on several occasions
Considerable excitement was manifested while coun-
gel described the relations existing between James
B. Taylor and his wife, The latter and several other
ladies In court were affected to tears Mrs. How.
LAND, for the first time during the trial. was absent
from the court room.
ADDRESS OF COUNSEL FOR PROPoNENr.
Mr.. Stoughten, to whom was entrusted the task Of
the summing up in support Of the win, rose ana
proceeded to address the Court In the midst OF pro-
found silence. In opening he said thar he considered
the speech OF opposing counsel as highly unjust to-
wards many OF the witnesses whom he denounced as
scoundrels, swindlers ana forgers. They were at
tackled with so much vlrulcnce that he feared the
freedom OF counsel SO important to guard, may be
turned into an instrument Of calumny and scandal
The character Of witnesses should be guarded from
unjust attacks, and before he should conclude he
would demonstrate that the gentlemen traduced in
this cause were IN every respect OF the best char
acter. Having thoroughly disposed OF the opposing
counsel Mr.. Stoughton passed to the consideration
OF the case, first briefly reviewing the reations be
tween Mr.. and Mrs. Taylor, dwelling with much
feeling and eloquence on the death bed scene OF
Taylor. During this part Of his speech Mrs. Taylor
was greatly affected. He contend0 that there was
not particle OF evidence against Georae Duryea,
whom the counsel says the plant tool OF others
behind him. And If Mr.. Clinton was sincere In dts.
claiming any intention OF attributing
CosiPLICTY IN THE SUPPOSED FORGERY
to the will to Mrs. Taylor, he then abandons his
case. Passing to consideration or the Iela-
tons between Mrs. Kate Rowland and Mr.. Taylor
counsel commented severely on tho conduct
OF Mr. Howand, whom he charged with being &C
tuated by mercenary motives In marrying Kate.
The first proposition he would assert in the cause
was that If the relations between the deceased and
the Howlands were entirely friendly and cordial,
they not, the Will would have been entirely
proper.
THE ANNUITY TO KATE HowLAND,
$1,000 ayear, was In every respect proper one to
make, and who was more proper to be the custodian
of the bulk OF Mr.. Tayors property than his hon.
ored wife. Taylor took care to provide against the
msney left being squandered. The provision for
George Duryea was entirely Just ana proper, and
was tribute of regard and respect The money left
him was less than What he had right to expect.
The will was above criticism, being the only will
Mr. Taylor could have made under the crcum-
q shrewd man, with
A HARDY, SPICY NATURE,
firm in his friendship, but unrelenting in his dis.
likes The attempt OF the Howlands to effect re.
conciliaton between Mr.. Taylor and them proved
aborye, owing to this latter trait In his character
Tle!r relations between the families was cold In the
extreme. The Howlands Mr.. Taylor never forgaye
The date of the Will was the 2oth OF June few DAYS
after Taylor received the letter from Mrs Taylor at
Ctblentz In which she complained OF the conduct
OF the Howlands. he said to the housekeeper on
the morning Of the receipt of the letter "Wel am
going to settle my a1airs, ana
THE H0wLhNDS NEVER SHALL HAVE CENT
OF s my money! The last expression of Mr.. Taylor
Mountaineering the Howlands-they may go to
- The counsel urged that Kate got
more by this viii than she could possibly get
by the frst one drawn in 1897. The statement
oliered 70 snow that Mr.. Tayior had but little
unfounded, for the affection and regard manifestcd
by Mr. Taylor for his partner forty years was OF
tpe most intense characters the evidence in proof OF
scian who attended Mr. Taylor at his death settles tiles
that question effectively; 1t IS quite certain from
decease, that he had made viii; this was
THE COuNsELS THIRD PROPOSITION.
Maa w ed to ne S II not 9 5 Hs
Counsel for the contestant argued that there was
undue influence brought on Mr. Taylor in drawing
influence was necessary In that direction, and on
the other hand, II there had really been undue nu.
ence exercised, then II follows that the Will can be
forgery. But in answer 10 this question OF undue
influence IT s only necessary to say that Mr.. Taylor
Yas incapable to the last hour 81 hls existence, Of
being Imposed upon In the disposition Of his pro- |
regard to lhe viii Of 1887 which has given s1ch
(Mr. stoughton) had no doubt OF the drawing up OF
the draft Of that viii. Mr. Marsh, represented as
so se essenfs wtnes u R M point 81 a essd tined
as he understood from Mr.. Taylor. But the |
argument on the point is easily disposed
drawn up, and when Mr. Taylor told Mr.. Marsh tina
1t was executed he had reason for it, while at the
same time no such VIII was executed or intended
to be executed. This the delusion under which
Mir. Marsh labOred with respect to this will Of 1867.
But II such will had been executed what has be-
the idea OF such will, why was not that unexe.
ouled win removed from the drawer Of the taplea
Nothing was easier than this and at the time
nothing easier than to have placed the present VIII
in the safe, and this would have rendered unneces
sary all the argument with regard to the stranger
way OF finding the latter document.
THE LONG AGONY owl
s al ong re w was i ana as M M
brought here, and TWO gentlemen-lir. Marsh and
Mr.. Van Echten-came and carefully examined 1t:
their own paternity stamped upon it. Mr. Marshs
eyes must have cleaned with delight thinking that
1t was the VIII he had drawn up and In which he
was remembered 80 bountfully-lhat In the dispen-
saion OF Divine Providence these bounties would
fall to his lot. lie came and examined the will but
What was his disappointment when he found ir
quite another document. But what did he say7 He
told Mr.. Jones, In answer to question put TO him,
that there was no ground Tor contesting the dis
covered VIII.
EXPERT TESTIMONY.
Counsel proceeded 20 comment at length, and In q
most humorous strain, on the efforts Of counsel on
the other side to prove the signature to the Will
forgery through the testimony or experts and Con-
tended that testimony as TO handwriting was OF the
very feeblest kind, and only admissible on the
g ound Of neceSsity--not reliable and comparatively
OF little value, especially II opinions be formed not
IRON The general expression, not from the general
characteristics OF the hand writing, but from the
mode III which the letters were formed. Testimony
OF this sort was OF the most unreliable and untruSt-
writing formed an opinion on the subject in the
manner the law required. great stress has been
laid upon the difference between the handwriting Of
the signature 10 the viii and the endorsement there
TO. Now. anybody can see that the handwriting on
the endorsement and tne signature TO the will are