The New York herald., 1874-01-15
SuRRuCATE'S COURT.
The Roliwaxen Will Case-COntinuaticr
CT Evidence for Contestants.

The ROllWagen Will Case-COnttDuaficn
CT Evidence for Contestants.
Before Surrogate Robert q. Hutchings.
The contest against the validity OF the VIII OF
Frederick Rollwagen, deceased, was proceeded
with yesterday morning by counsel Ior contest
ants, Messrs. Clinton and Langbein, calling Bern
hard Schaaf man who did the mason
work on house OF deceased corner OF
Essex and stanton streets. The contract ior the
work was signed 10y Henry Herman. the brother
OF the alleged widow. In the presence Of deceased,
and he received the first payment OF $1,000 oy
check, which was not honored by the bank and
the bank sent OF Its clerks to deceased to ask
If it was right. and deceased nodded his head for
ward and gave an inarticulate cultural sound.
Witness could not understand deceased, and de-
ceased did not utter word during all the trans
actions, which were had entirely with Lena"
the widow, and Henry Herman her brother.
on cross-examination by Mr.. Arnoux, counsel
for proponents, witness said when the archltect
Bocekell, introduced him to deceased deceased
nodded his head and made q deep, cultural sound !;
the wife did the talking; deceased laughed be.
cause she wiped his lace with q handkerchief, and
Henry Heynemann, next called for contestants
Was collector OF gas bills for Manhattan Gas Com
nS month; SPOKE to him, tried to cheer 6m up but
deceased did not speak and never uttered one
word TO him Tor whole year before his death;
deceased was weak, helpless Old man. ana whcn
he called with the gas bills, Lena, whom he used TO
call MRS, put her hands in his pocket and drew
out pocketboOk, paid the BILL and then put the
pocketbook back in deceased's pocket; Lena told
him that about year ago deceased mad had the
paralysis and had not recognized anyone
ON cross-eXamnation by Mr.. Arnoux, witness
admitted that in the early part OF 1879 he couh un-
derstand few words rom deceased: ana that @
when Lena took the poHketbook she mace lull
time.
Charles Schwartz, next called by contestants
Was carpenter and builder; did the car
penter work for deceased on house cor
ner Of Essex and Stanton streets: the con-
tract was signed by Henry Herman-"Freder-
lex Rowagen, by Henry Herinan"-in presence Of
cultural noise; he was to be paid by two pay
ments; the first was paid him by Lena, VINO Grew
check and signed the name OF deceaSed-elbher L.
Rollwagen or Frederick ROllwagen; this was on
check never came back, but was paid; deceased
did not speak.
on cross-examination witness said that Rhine
wine was brought and oil drank; deceased took
the glass with the right hand and drank portion;
that deceased placed his hand to the right OF the
chair, looked at witness then at Mrs. R0llwagen,
and then she said ''He means he knew you SINCE
you were child"
The next witness called was william Challier,
who did carpenter repairing work Tor deceased at
his residence in the old and new house East Ninth
street; he never could understand the deceased,
and received all his orders from Mrs. ROliWagen:
deceased never spoke word but moved bis
lips; she put her ear to his lips and then
turned around and said he said SO and
30; no sound could be heard when deceased moved
his lips; when MS work was done he took his bill
and placeo it the lap OF deceased as ne sat IN
chair and she took il, looked at ii, showed 1t to
deceased, then said 1t was all right and paid It.
Pending the direct examination OF TINS witness
by Mr.. Clinton, Mr.. Langbein, OF counsel for con-
testants, acted as interpreter, the witness speak
ing the English language badly. The further pro-
ceedings were adjourned to this day at twelve NJ