The New York herald., 1875-12-01
THE SINGER WILL.
Additional Evidence in Behalf Of
the Contestant.
THE OTHER SIDE OF THE QUESTION.
What Counsel Say About Offers
to Compromise.

garding the condition OF Mr. Charles o'Conor, Who as
previously stated occupies the position OF advisory
counsel for the executor in this cause celabre
Before the proceedings commenced Mr. Carter couu-
sci for the executor addressed the Court deprecating
portion Of the statements OF the proceedings as pub
lished in the newspapers Counsel said he knew that
the reports Indicated could have possible influence
on the Surrogate but regard to the published inti-
nations that those interested in sustaining the will had
made large offers OF money to the contestant for
compromise Of the case, he would state that they
were entirely without foundation in fact Prior to the
| commencement OF the present proceedings, and in
der prevent the unnecessary exposure Of domestic
matters counsel SAID, offers we're made by the children
of the alleged widow in England These offers as he
understood, rejected. They have not been re-
| peated since and they will not be-
Mr. Van Pelt, counsel for Mrs Mary Ann Foster, the
contestant reoned that although he had observed The
published statements alluded TO by Mr.. Carter he
would have said nothing about them; but since that
gentleman had asserted publicly that offers propo
sons having for object compromise OF the claims
OF his client had been made, he would state that the
reverse true Offers had been made, not however,
| by the counsel directly by the executor, but by
parties who professed from the other side
Surrogate cofhn intimated that he could take no
cognzance of any statements outside Of the case all he
had to deal with being the evidence. He recognized
nothing else
ExJudge Porter counsel for the English legatee and
the alleged widow, said it proper observe that
all the parties interested their side Of the
plicty deny that any such offers had been made since
| the commencement OF these proceedings
PELT DIsCLAMED
any and all responsibility for the appearance of the
statements alluded to- and added that although no one
present had made the overtures Indicated since
the case began, yet such offers have been
WhO
claim TO represent the party most interested in the
will He concluded by saying that when the offers
again made the parties making them must 60 to head
quarters and receive their answers from the same
source
| Court that one OF his Witnesses elderly lady who
was en- route from Western State, was ex-
peced to arrive by the next train, proposed
that in order occupy the attention OF the Court
would commence the reading of legal document which
mentality OF opposing counsel The paper in question
was then read and proved TO be a voluminous CON-
plant in suit commenced in the Supreme
Isaac NJ. Singer in the year 1864 The complaint
mences by recounng the manner in which the testa-
tor induced her to enter upon marital relationship with
HIM, setting forth that he single man, and after
giving resume of their domestic troubles down to
and after their separation in lS60 describes the charac
ter OF
THE CONTRACT MADE BETWEEN THEM
wherein stipulated that tho deceased should pur
chase house aud lot in New York for the contestant
and in addition allow her weekly income of $50
the support of herself and their infant children
how this contract alterward taken from her in al
alleged fraudulent manner II was 10 recover her prop
erty and rights under this compact that the suit alluded
TO commenced. II appears she abandoned the suit
however, on being threatened with prosecution for
bigamy.
Orson c. Phelps having been called for the contest
ant testified that he sixty years old and had
first become acquainted with Isaac NJ singer N ls49,
in city OF Boston had business transactions with
the deceased from the date mentioned down to 1860;
often, saw him write letters, which he said were
to his wife, in New York; had some
OF those letters addressedt to Mrs. Singer New York
in October 1850, deceased told that he was the
most lucky man in the world, his wife had, up to
that time, presented him with son and daughter
alternately visited deceased at his house in New York
and was introduced TO Mrs Singer NOW Mrs Foster
the latter acted the mistress lady the house
Cross -examned-The last OF my acquaintance with
Mr. Singer was in 1860: never saw him 10 sneak with
him but after the trial Balmore had seen Mrs
Singer previously, but never personally acquainted
with her until within the last two months have
Gently made the acquaintance Of Mr. Foster
Mrs. Mary Ann Foster, recalled testified in answer
to questions by her counsel as ioiiows:-rhe card
handed to me is one of my visiting cards which /
carried when went out visiting with my family pro-
vious to August 1850 the card IS engraved Mrs NJ
Singer IL Fifth avenue recollect having been present
in photograph gallery when my husband children and
myself taken family group; think was in the
year ls43 1874 received letters from Singer while he
was at Boston and other places have got the let
ters now; when they removed me from the Fifth
house they kept these letters; have been able
to them since; never saw the document known
as the "Fuler'' paper alter signed until il was pro-
duced in Court the other day;
ATTENDED BALL GIVEN SINGER
in New York all the employees connected with his
establishment; this was think, between 1856 and
1859: ON that occasion he took me and nv
eldest daughter on either arm and introduced us
his wife and daughter 10 great many persons pres
ent whom he knew; did not go on with the com
feared Singer would make trouble about my marry.
ing Mr. Foster had heard that Singer had made
TO that effect
At stage of the proceedings counsel for the con.
testan said he would rest his case reserving right
10 introduce MS Uniy remaining witness whenever she
might arrive. To this the counsel on the other
readily assented, and Mr. Carter called his
first witness TO the stand
Horace B. Haley, on being sworn testned-I live in
Phiadel mia and am a sewing machine operator; was
born Croton in this county In 1924; my parents
Henry and Mary Haley; have Two brothers
and sister, her name was Catherine Maria Haley; I;
my sister was married to Isaac NJ Singer in 1880 I:
the marriage took place in Palmyra, in this State;
present at the ceremony, which was per.
formed by justice Of the peace named
William and woman named Amanda McMichael; !;
they acted as groonsman and bridesmaid the
occasion my father and mother were also present at
the marriage besides Of the neghbors after the
marriage Singer and my sister boarded with us for q
the same neghoorhood; Singers occupation
was thcn as near as could learn
that Of wood turner; my sisters oldest child, Will
iam born n 1884 At Fort Gibson; she had another
child born New York in 1887 my sister sti liv-
ing in Brooklyn think II was in December, $780, iha,
Cross -examined-Slnger and his wife lived only a
short time with family after their marriage Singer
travelled occasionally about the country; at that time
he was poor man he was occupied Tor q short time
in dry goods store AZ Fort Gibson, and at another
time he worked IN Hoes press shop In New
York; most Of his time spent in travelling and in
giving performances; my sister came back from New
York 10 father house after her daughter born
1898, she remained at fathers house about year;
! then we moved to New York; my sister went with
Singer and herself then virtually separated New
York lived at No. 2s Broome street. my sister lived
with us; afterward lived on the block above think
my sister was then keeping house, with her children;
she aferward lived in Eighth street with
her children; she also lived in Third avenue,
where she kept boarding house: afterward
she lived in Yorkvie with no but her children;
then she lived IN the Bowery; not aware that any
one lived with her beside her children; was a. her
house when she lived in the Bowery;
| man about tho house, sho aflcrward went TO
1--we on Long Island; was at her house there her
/ family consisted Of herself and children; saw man
there his name is Kent; him hrs in 1S4o or iS4l
he came 10 our house frequently when we lived In
Broome street; my sister living with US al the