The New York herald., 1871-02-03
YESTERDAYS CLOSING PROCEEDINGS

the of the late contest and no doubt to the
surprise Of their several clients, were as Jolly "a
Jack fellow well met" set as could well be con-
celved. The truce arranged, with the sanction
OF the Judge Of the Lists-Surrogate Hutchings-be-
tween the principals and their knights extends from
the close of the session yesterday TILL next Tuesday
week. The interval is all required by the official
senogapher OF the court to transcrbe his notes Of
the weak points and the strong points the defen-
sive and offensive OF the pr0testants and the
contestants alike 80 that the judge OF the lists him.
self shall declde-after hearing some eloquent pala
ver probably, from counsel, which might as well be
addressed 10 the man in the moon, however-on
which side the weight Of testimony rests as to
the validity or spuriousness OF the will.
Messrs. Stoughton and Andrews, who ably de-
Tended the interests of Mrs. Taylor, and Mr..
Clinton and his associates. upon whom fell the
burden OF the case for the contestants. 80 ceverly
sustained, were unanimous In commentator Of
the fair and Impartial conduct or the tr al by the
learned Surrogate from It's opening to the close
Nothing remains now but to sum up the case. the
opening OF which Is fixed for next Tuesday week.
The court yesterday was, as usual crowded In every
part, and the greatest interest was manifested by
the audience from the opening to the close OF the
session.
ABSENCE OF WITNESS.
When the court opened, at ten O'CLOCK and the
Surrogate called the case II discovered that an
important witness was absent This was Mr.. 10 I'm
Owen, the reputed author OF the VIII IN dispute.
The following conversation then occurred between
the Surrogate and the counsel for the contestants:
Surrogate 10 counse-Where Is the witness. MIR.
Mr. Andrews-He was served with subpoena the
day before yesterday at his house, three miles out
side ol Brooklyn. He was
ANXIOUS TO BE INFORMED,
for what reason ! cannot say, whether he was
wanted by Mr. Clinton or by myself He was after
wards seen at his Office although he pleaded sick
ness. ana yesterday your Honor granted an attach
ment tor him. l had the attachment sent to the
Sherln OF Kings county, and subsequently to the
yet. see the Deputy Sheriff in court now.
AT this Juncture small, whlte-faced young man
In monkey jacket rolled up to the railing, and IN
reply to a question put by the Surrogate said that
he could not find Mr.. owen anywhere.
Surrogate HutchingsEWe 60 aud look for him
until you do find him, ana bring him here.
Exit the young man in the money jacket.
had any witnesses present. He replied that he
wanted Mr. Mudgett recalled for the purpose OF DIS
proving BY his testimony portion of the testimony
MR. MUDGErr RECALLED AND EXAMINED.
Witness-Did not see George Duryea the day be-
fore he gave evidence In this case met HIM the
day before was subpnnaed In Pine street; he came
up and spoke TO me.
a will at Mrs. Tnylor's housea (Oected to-
Mr.. Stoughton called attention to the fact that an
attempt was about to be made TO introduce into the
testimony irrelevant and scandalOuS matter Tor
which there was no foundation.
Mr.. Clinton said that his duty to his client COM
PEELED him to insist upon his right to put In important
evidence, and no consideration would prevent him.
George Duryea yesterday denied having used the
stand could contradict MIN.
The Surrogate refused to admit the question, on
the grOund that there was no foundation for 1t.
BY Mr.. Chnton-At what time during the examin-
alton of the office OF Mr.. Taylor did General Spinoa
arrive General Spinola arrived about the time that
At this point Mr.. Clinton said chat he expected Mr.
Marsh Immediately. Until the arrival OF Mr.. Marsh:
about half an hour afterwards, the audience amused
themselves by whispering together and canvasslng
the pros and cons oil the case.
MR.. LUTHER r. MARSH AGAIN.
Mr, Marsh entered and took his seat in the wit
ness chair as 1t seemed very reluctantly Mr. Clin-
ton desired to ask him concerning alleged remark
follows:-"By Cd. q Will shall be foundp' with the
view Of contradicting Murray. who said on his ex-
animation, "There was not word said about the
Will at the funeral"
Mr.. Andrews objected, and discussion arose, re-
testimony. He SAID "Doyou make an allegation that
Mr. Murray is party TO the forging Of thus viii -
are on the record in this case.
The Surrogate Will exclude the question.
BY Mr.. Clinton-Did you have conversation with
stated in reference to the Will, "rhat IS MIR. Taylors
slgnaturetn
Q. Did you say anything to that effect2 did not.
O. Did you say this thing IS all correct or anything
TSe surrogate here obe to the further que
tiOnng OF the witness on these points, the ground
that all the testimony had been taken before
q. Did you state to MIR. Jones, In reference to the
will, "That Is satisfactory; there is doubt about
that being Mr. Taylor's signature9" A. recollect
M1sREcoILEcTED THE CIRCUMSTANCE;
stated him that the viii at the Surrogates
ofce and the signature resembled Mr. Taylor's, but
1t was better and more regular than ever knew
him to write; have no recollection OF saying 1.-THE
will was genuine, and there was no ground for
Mr. Clinton offered in evidence mortgage for
$l5O,cO0 on the Georgia Railroad: which had not
been recorded until two DAYS before Mr. TaylOrs
death, with the view OF showing that 1t was the
paper the deceased expressed so much anxiety about
al the time of his death, as referred to by DR..
Quackenbos (Excluded.)
A SLAP AT HENRY ROWLAND
BY Mr.: Stoughton-Were you not applied TO by
Henry Rowland within week after the death of
Mr. Taylor to draw up Mrs. Howland's VIII, and did
you not draw such Will
objection being offered. Mr.. StOughton rose and
addressed the Court to argue his right to have the
question answered. He proposed to show that Mr..
Marsh went INTO confidential relations with Mr..
Howland, and that that circumstance went to i'm
peach the accuracy to put 1t delicately OF the wit
ness testimony lExcluded1
Mr.. Andrews-He (hlr. HewIand) had the will so
drawn that all the money he thought his wife W as
about to get would be left TO him.
Mr.. Clinton--YOur Honor, | object to nv client
being insulted in this way In open court
CLOSE OF THE TESTIMONY.
The Surrogate-That is enough; there is no neces.
sty for going into that matter.
This closed the testimony on both sides, and a dis
cussion arose to the time Of summing up. Mr.
Clinton wanted to have the day for the summing up
three weeks hence
The Surrogate said that he did not see why the
summing up could not take place earlier. After
some remarks ne finally fixed the date for
THE oRAroRICAL EFFORTS OF COUNSEL
for next Tuesday week The court will meet on
that day at eleven O'Clock, when Mr.. Clinton will
sum up.
There was a considerable stir in court when this
announcement was made. His Honor then left the
bench and soon after the previously crowded court
room was empty SO ended the last really interest
ing chapter but one-the decision by Surrogate
Hutcnings, yet TO come--of the domestic drama of
the day.
WASHINGTON RuMoRs FROM THE WEST.