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

|
opinion and pronounced 1t not TO De like Mr. Tay.Ors
| signature.
II being, however clear that the opinions even Of wi,
nesses having personal knowledge of The handwriting II
the deccdent from having seen him write, and testify
| especially II they do not, in number and degree Of
knowledge largely preponderae over opinions support
49, "a 70 tbcr c, %io n.a 3'het
weight be given TO the evidence against gnuine-
when founded upon Photographic data, liable and
| pressed in regard to such testimony.
But 10 bring this branch Ot the discussion OF the case
10 close lid that IT, attaching the fullest value 10 lie
evidence " contestants thirteen Witnesses who speak
| from personal knowledge Of decedents handwriting
even i'm the assistance Of the photographic and mag
nfed productions OF his signatnre-ther opinions as 10
it, commences cohtTadicted and fully equally
| balanced by the testimony OF the number 81 pro-
moments Witnesses having equal personal knowledge
Of the handwriting and signature OF hT. Taylor 9nd
having social and business relations with him OF ~ long
standing and rs respectable I'm character as those on the
| part of the conteTant-who testify tlail IN tneF
opinion the signature OF the prop0unded VIII was WIZ
ten by the decedeut Therefore. tue evidence OF cie
opinions Of genuneness leaves me 10 ucris tv Wy
Ses except as the same may be affected by the other
evidence IL The case.
THE DISPUTED "3OrH."
There ia one circumstance in the body OF the VIII WNch
appears TO me to be OF Importance At the end OF the
will and in the attestation clause, the figures son are
inserted which was the date Of the alleged execution Of
the wi
The testimony OF some OF the witnesses on the part OF
the proponents is that il ia in the handwriting o NJ
Taylor, though this portion seems not 20 nave psen
noticed on the part Of the witnesses for thc
II is certainly very apparent that II - not III lile ~
writing Of the body Of the WILL ana me @
that it was written by the same hand tit ihan' tIe
signatures, and at the same time That y, J ngI a.
difference in the handwriting In the body OF the WIZ h
the hgures "9Oth" as they appear t"icC. itl'acc
that Mr. Taylor made the signature, tIen the lnl.n c'
is that he Ged mp the dates at the time D me eAe'tu
Having thus presented the testimony Oh bio ~ i ',
scribing witnesses Wthere and Jackson, anu slsJ Oh
Mr. james NJ. Sweeny, the special auhiiiiati".yi ~
pointed by this court in regard to the discovery oi inc m
| strument, and likewise OF the witnesses pcrsohtS
acquainted with the handwriting Of the decedent, ana
my view Of the yaIe OF experts not so acquLhtsl van
his handwriting, and alec AZ TO the influence OF po1O
graphs TO bias their opinions, now approach the que'-
ton, in what respect, and now far the testimony Oh 's
subscribing witnesses Is sustained or eOh'iilGeu OF
weakened by other evidence before me; and III discuss
re- snpiorted in respect Of their presence at
the Office OF Mr. Taylor No. AZ Pne-s On the SON day Oh
| une, 1870 the date OF the instrument ,..,,,
IN this state that he had been acquainted WITH MI.
TAYLOR for I6 years-snce 1855 that he MAJ business
ofice No 50 Pine-st; that not long time before his
death lac had a negotiation with him that required bih
to meet him several times; he does not Ieneingr lo
last time he met him, but once or twice WlJnlh Ioog
Of his DEATH He remembers that on the 'st oay Vi
Juue-the 3Oth OF June-he met mn ht MS o'lCO '.S
fxed the date that he came from washington Oh tne
morning Of the 29th, and returned there on the eyenS
| his arrival that be met Mr. Taylor. ,.,o,,t.
He went his Office the 18th dly-0n TIE DAY OF MS
arivaI-but Mr. Taylor had left Liz Office, ami he re-
turned there the next morning: he must nave gone
there about IL O'Clock, and he waited some time nc uu
not remember how long, before Mr.. Taylor arlVed-peF
hap, an hour. lie lad an interview With nm M thc pI
| va
ness i'm which Mr Taylor proposed 81 advance MIN some
money; be saw in the Office that day Mr. Robert Murray
persons. though he did not remember Who tey "ete.
In reply 10 question a. to what occurred D,"c.n Nm f
and Mr.. Taylor in reference 70 MI NtheieH ana W.
Jackson he testified follows: While was l tho Once
Win Mr. Taylor-in the back oice-prlvate OH e-eohlt
nrson cane 10 the door and spoke 10 MI. Taylor aud
W. t door and Mn TAYLOR then said to me- "Wi yOu De
~ kind as 10 sep into the other room desire 10
! these gentlemen privately" | Immediately lelt tLe
room and while leaving met these two gentlemen, r
|
room outside OF the door don't remember Dut Dc'ofe
got to my seat in the outer Office. s...r .
couldn't state with any detniteness how long t-ey NIe
there don't remember whether inc door was eos' OF
not they there certainly ten minutes ana OtOlcI
lO they left the Office before he (Titnes0 eLt tAe ouer
Office before be LEFT the outer Once uey leil tho 1
in; he didn't remember whether they came III TIE Ie
cepdon-room and stopped before going ont ..oo, ,,
i'm reply question as O what occurred Det%ecu MN
and Mr. Taylor subsequent u the time when these seh-
tlelnen left the private Office, ne testified as follows
"BoB's DID NONSENSE"
Think nothing WAS said by MI. Taylor after that In
regard ~ Mr. Jackson, but he did speak o. Nt1erel
Mr. Murray had made banering remarks in regard
to Withere and Taylor he came out OF the room, the
door then being Open that he could hear IN the oack
room, he said to me- Field don't believe aAyInhs tlaC
BOb il saying TO you don't believe TINS ID hoh-hhoe
that Bob Is saying to you;" and then Mr. Id or So uoEh
by me and went INTO 99g G V,b S w. lp
first acquaintance with M Mith'Ieli WITH ~ 80 49,,
he first arrived the city, think lie sad some ~ years
ago 30 or ~ years ago. and he toll We OF We tl, ne
hsd taken i'm the Wtheres-.n the family, in the motber
and sister OF Wherel, thh. that ne nal EVt ~ ~
"a
| Murray was Marshal, aud had since sot pace
| for him under Mr. Jones, the PosJnHst-i,
| think, rs superintendent OF sealni "a, ~
the substance OF the conversations though tag
conversation hong one lie went or 70 aIy IT." a.,
had Ken deep interest in Withercl ana theu ne ne
tailed to the circumstance OF tie fanny E'I"s -
the wthere family gong west sonii S et.' I'i tI,
! told me that he sent them some money a. set
tSem' 70 get on with and he iod me something OF TIE
crcunst dnce Of his getting thiS appuil'iitno' & 90
eut appointment of Nr Wltlerell-iron the tO'aaal.
and lid him how much pains IL had cost LIN ~ d. ~
| how much trouble il had taken to DO L. ,,.., .,
fact mat ne was at m. TaylOrS office o. tht aJA
day OF June by referring 20 the arrival anu ",Prle
book the Filth Avenue Hotel, Nlert ne wa SO" i
| on crosse examination he stated that hc coma Lot
recollect the others who were there beyond nos re ~
named has no recollection ~hether zen. 9p.'oi w.
there not, though afterward on inc halne o. 1,l
BOynton who recently came from Oh0 hlng len'iouei
10 him. lie recollected that lnat geHo'enl 7" as @ ,,S
that he arrived in the city from 20 ocloeh on I'
morning of the 29th called at Mr. Tayiors ON tht gay
or o'clock IN the afternoon, WhCh the Vce ""9 V'''|
called the 9Oth about Il O'clock. .o. o,.-, o, rho
Iifb Ivenue Hotel and had charge OF the register ana
rooms on referring to the books be esIe1 tna1 af
Field arrived on the morning or the z9lh % J"h' ana
! LETT on the evening OF the lstot july
An oLD-MAID SISTER.
Mr. Robert Murray testified that be recoects meeting
Mr. Field and Mr. Witherel nj the office OF hr I5 of Ia
the Summer Of 1870 though be could not eau To mh the
fact that Mr. Jackson was there lie had 40 way OF hA-
ing the time except from the statement OF Mr. Field to
me in reference to joke he played upon Mr. F,Ii mat
| dav As 20 which he testified as follows: came
iu-I think met Mr.. wthere ON the stairs or in toe
| hallway and stopped and shook hands with nm,
and asked him how he was, ana when ne went
| liz I found Mr.. Taylor telling a story TO MI.
Field which, perhaps. L had heard 1--WE hundred times
| before from Mr.. Taylor about Wltherell MI Taylor
Said "There, Bob. he will tell you all about MN ne
was with him close eight years" says l. Ben don't
Won take any notice of JIM he Is very Intimate with an
old maid sister OF Mr.. Witherell" Jun turned around
and said Iws Odd fool" or something of that sort or
to that effect; all recoect about II; the re-
mark was altogether jocose; the lady is ABORT seventy
| Years old; think Gen. SpnOa and Gen. Boynton were
Also there met Withere III the upper OF lower nall
going ont. ., ..,o, A.. ~ ,Do,- r1,ro.,
Witherel; had known him II or 10 years hd Ine' MN
hlr