The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-10
THE GREAT WILL TANGLE.
CHARGES or PERJURY AND FRAUD
IN THE BdRMORE case.


A Contest Involving about Five Million Dol |
iars Testimony that Seemingly Develops |
very EinbOrntriy Connected plot.
The contest over the Barmore will case,
involving the di position Of about S50oO.O00, has
taken new shape before Surrogate Van Schnck. |
Gu Wednesday Mr.. John Mckeon, counsel for
Mrs. Edfidge. daughter Of the late Mr.. Barmore
AMI vito Of Titus u. E,diidge broadway law
yer, made motion before the Surrogate that
Moses u. Maclav. acting collector Of the Bar
more estate, he removed, on the ground that tue
decision Of Surrogate Hutchings, settling aside
the will "a one obtained by fraud and undue in
1ucuce, established tho fact that Maclay IS un0t
TO have charge of the estate pending the litga-
ton. Mrs. Edridge's lawyer relied mainly upon
the proceedings before Surrogate Hutchings,
proceeding In which the dispositions Of several
witnesses, who did not appear In court, were
heard, showing that Barnofo was OF unsound
mind when the will was made. the deposition
Of one Thomas A. Ardcs, alleged o have been
taken before John W. Lawder OF 81. Cathsriiios
Canada, aver ed very strongly that Darmore was
insane. had l'rights disease Of the kilneys, and
was wholly under the influence OF Mrs. El-
dridg yes enemies.
Mcsi,.. = "a, Nash, Ira sbafer. Maclay and
waddv. counsel for the Will. Ill snswCring Mt.
MrNeon's motion, said that after loug search
Ardirs has been found in the Canadian woods
100 miles from 1t. CAtharines that he Ia ipno-
rant that he r. an easy tool while under the In
nuence OF liquor, ana that his depo.itlon Is
worthless. 1uey also assert that ArdieS was
taken from his formcr residencein Brooklyn to
ST. Uatharnes 10y Titds u. Tldridge; that a shor-
IA then. an intimate friend 81 kldridns, made
uut the deposition that Arlies signed, and that
The latter WAS taken before u commissioner and
was ifreguarly sworn, being subJectsd To no
examination and asked no questions. Tue coun-
sci then went on TO investigate the other dope
sitions, aud found them also worthless. On the
LAST DAY Of the hearing, IN the will contest, FL
bridge produced the deposition Of Peter Mason,
taken before Henry J. Mills OF Newark, in whicn
Mason swore that Mrs.. EdrIdae was psrmoros
favorte daughter. and that Mr.. Barmore had
said that though Eldridgs was a damned rascal,
he should serve all his sons-in-law alike. This
Peter Mason. Messr. Sha and Nash aver, "a
| fraud whose real name james lirrnes OF New
trial that he saw Fisk have pistol. They
| further sid that Bytues was brought face to
face wi h Mr. Henry J. sns, in February
| list ana that the latter identified MIN as the
| man VINO rave the deposition before Hun over
| the signature OF Peter Mason II IL said TINT
| Is rncs had heon for year or more client OF
EldridRe at the time he gave his deposition MIR.
Mills said that Eldrld-s vas introdnced t. him
| IN Mexico, and that Thomas Creep, orother-in-
law OF tho captain, introduced Mason. Green
~Ss sRt T" & i soG 10 tho
! moro In judge John h Porters onice IN lo12,
when Porter was arbitrator between Edridec
Parmore in Eidrdge's o0ice In 1885 by My
ron H. s,sss ,s has has been zen s ,sssn m
BENJAMIN A. Mason Ia Eldridge's Once, and
that he intimate with str who Ia now In
| Florida. Dut M does not remember tndt ne was
introduced by strong to Darmore or Eldridee,
and he vs. that no never talked with BArmorc,
ana thst ne ieft EdrIdscs once In 1871, and has
not seen the latter since. ben Jamin A. Mason
WA found IN Pennsyvanis aud taken TO Now
Yrrk. lie swsars that his removal IN 1871 TO
Pussaic was known to Eldrdge. aud that IL Is
probable that the latter had him tAssOn)tn mind
VIII IN the fictitious Mason made nis deposition
before Mills. Mr.. II A. Mason also swears that
that deposition wss perjured that Green aud
III ridge were IN tho conspiracy, and that Bar
more's Will has beon set aside nv fraud and per-
Jury conooctcd BY Iitus u. Eldridgs.
The depositsn Of Henry W. wbesler, which
was Also used IN tho viii contest Is, like Mason's.
periurcd evidence. Wheeler, in n long affdavit
that wes read before Surrogate Van Schack on
Wednesday, swears that, though he signed the
spurious deoosition. he never swore 20 Il; that
" ~ entirely false and that he and E'drdse
onncocted the story wheeler produced letter,
that have been shown TO be in the handwriting
OF Is bridges clerk instrucing him (Wbeelerl
the letters Of Eidride- to Wheeler the former
SAYS. | will s@nd notes for your deposition,
ana neT may 49, sIo st 70 ~ prH .d
It. 90 coifse YOU cannot do this. Keen or IRE
sery" tins letter Of SIR. Edrldae hut destroy
A..in Edridse writes, in answer 10 a telegram
b. from Mhe"ier. who " In PM derhia. asknI
/ fot money: " iou ought not to have telegrauhs ed
m. itis bad Thoy viii subpUna the compar y
90 bring m" telegram into court, sure should
, have thought that YOU would have consulted
We. shall helu in' iren ~ ~ soon ia can
D realize; nut To way ven money nci"re the com
D | cannot ter what b. the mat ,r." In another
: mi er' Eidudec wfit :" an s'rg Citing a.
b
: ! those miserable ,coi,r bv the throat"
. On tue l5tn OF last ''oDtu Edridge in another
letter, usru ttl- l.u-u Ec. d" / want YOU 20 he
. very careful; f.r the MtclaV and Barmore Eaul
r. may be ON, lud may commit YOU To some state
mtut or othc-. or some contradiction or mis-
+ reurcscnfafiou. | am gnNi us YOU should keeI
a. ! yourseif covered and defended" In his answer
to TINS note Wheeler wrote " You must pos
me- and tell me how 70 act. as | want to b'
cautious. Auu must he explicit with me. ant
give all the POINTS "a " to act. don't want e
be- 'kefci III ANYTHING. see Hanson the
@ othcr night IN regard 10 those notes.
Mr. ntus rs Egridge said last evening tina
the Whole case Is supply family an trre origin
# htng In the aitemIt OF me other children Of Mr
Butnore to ci-i lhciit hts wife, on the supposi
>, ton That sine was going TO die. Ihcy were aux
4 iou- that the estate should not 20 out OF tn
= hands Of the family. In tho hei-ht OF the quar-
rel " heeler came u lin and volunteered nj
+ cepositi1n. believe what he said" cOntin
> ued Mr. Eidridge, "aud | still believe that h.
r told the truth IT that time. | cannot imag lin
what lniluo nee WAS brought to bear to induce
II him 10 make AFFIDAVIT before surrogate Val
r. ScnHiCk that his deposition was false. IL regdr
n To the deposition OF Ardies before the Cana
% influence was used nm obtaining hts test,mon
o are untrue. The assertion that James Byrne
r. per sonated a Peter Mason before Mr. Mills 4
y making his deposition Is preposterous; 10
: liNtnss VS. as well known IN Newark Ms he H. I
New York. and " would have been impossibl
N for him Co palm himself on az another mar
Inen, too, no reference WIS made Ia Benj mi
u A. Mason, who swelfs that he ~ the man whnr
=, Bytnes sought to personate In making hi
r. ueUOsition.'
n Farther testimony Is to be taken on the 29tl