The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-16
Of It, they will md themselves srievou.ly mis-.

NO COMPROMISE.
Mr.. Bsf2stt-May II please your Honor, I
hardly think that the intimation of the learned
counsel, that there In a seeking OF a compromise
Is proper. 1wish to repudiate any such idea, and
10 disclatm IL here, now and forever. The only
compromise that will ever be made by me, or
WITH my consent, Will be decision that that
Will was invalid. Mr. Henry Hilton has not
money enough to make a compromise with my
consent upon any other ground. l am here TO
contend for that, and nothing else. trust
such motive to me, and will not again ever make
remark of that kind. We are here to try
question OF law az lawyers. We can do that,
trust, as gentlemen and as brothers at the bar,
other.
Mr.. Deach-Surely, sir. recognize my learned
friend not only as gentleman but an es-
teemed professional brother, and certainly was
not aware that made any reflection upon him.
did not intend to.
The surroeate-I supposed you referred to the
Mr.. Besch-Yes, sir, certainly and II my
learned friend will come over TO the great mar
bio establishment some day will give bin sat
lsIectory evidence OF compromise and black
mail.
MIR. Bartlett-And you will md n IL is estab-
punish il than ! am. think a blacE%siIep
ought to be hanged.
Mr.. Beacb-That is Just what thought my
friend, as a gentleman, would say.
The SurroRate-This personal controversy IL
not quite consistent with tho dignity OF the
court or the magnitude OF the matter in ques-
tion. l think that we should proceed with this
case without any such controversies.
mr.. BeaCn-lnere 10 no controversy between
my learned friend aud myself SIR. II your
Honor please, you are acting either under the
power OF Jurisdiction Inherent IN your ONCE,
Us derived from the law OF England or else YOU
are acting under jurisdiction conferred by the
act OF 1870; and the primary question to be de-
termined Is whether that Jurisdiction involves
questions OF right or questions OF discretion.
NV friends saw they have an absolute legal right
To- demand the vacation Of this probate. ! in-
tirely To your discretion. There was nothing IT.
regular upon the face Of this probate. There
s.N A.sNla tAtt
yond what appe ars upon the probate, no heir at
law existing which could be raised. here can
be. 1t seems to me, no absolute legal right to de-
mand the reversal OF that probate, unless the
parties making tue demand snow some In
terest.
MIR. Beach then cited several authorities in
support fthis point, after which he continued:
So, sir, all this theory Of right. oil this idea OF
trampling upon legal claims Of the humble and
the oppressed, all this notion about the magni-
tude of this estate overcoming the humble
offence, sr,-but II IL all bosh. That 10 not a
very elegant term, admit, and 1 certainly do
nos mean II Ia any personal sense.
Mr.. Bartlett-lou seem to be afraid OF II.
Mr.. Beach-Afraid OF II ! What alarm Is man.
ifested2 Even MIR. Hilton who has no interest
whnteyer With the real estate hui whn" non
learned friend cannot leave out OF his attention,
looks as placid, as calm, snd as cheerful as a
summers morning. Nobody Is AFRAID.
THE VISIT TO MRS. STEWARDS MANSION.
After some further remarks Mr.. Beach con.
tinued: If there Is N human being on earth who
could as matter OF right demand from A. 4.
Stewart all that he had accumulated, with a
wise and liberal regard for his duty to Others,
that person was the lady to whom through life
he was devoted and whom in death be did not
desert. What Is left In this casef Something
was said BY my learned friend M to the time aud
place o. tnis probate; fouy Honor Is com;
friend pays glowing and merited tribute
to tho INDEPENDENCE and impartiality Of
say. to intimate that the probate Of this will,
at the house of Mrs. stewart, and In the night
time, suggests an unpleasant suspieion7 Who
IL more competent to judge OF that than your
Honor2 do not wish to indulge IN any further
gensral reflections upon the nature and charac-
yer ot tnls case ana the Importance OF this mo-
ton. You know, sir, without any repetition,
the nature of the business. and the enterprise OF
who VIII, have succeeded bin " 10 aae i mSn,
Agcment OF this trust require the conf
dsnce Of the community. A business which
teaches daily TO thousands and millions, enter
ptises that affect the establishment of lprge
charitable Institutions and the building Of i'm
meuse man ufaCturing entorpri- es, looking to the
establishment Of new communities and the
building up Of new cities cannot be tam ered
or bundled with the same recklessress and In-
difference as the ord nary business pursuits OF
the community. There must be confidence, sir;
and anything that unsettles or disturbs the
confidence oil CAPITALISTS ana merchants Of COM
merce aud trade. ia the SUCCESSORS Of A. 4.
tate aIcne Su, 10 ,hoSe H mso are ",s s be
benefited by tue projected philanthrOpies. And
u your honor intetieres In TINS case what good
do you DOR whom do you Oeuelt1 Can the
petitioner in this case under any conceivable
circumstances rest upon any action favorable to
him from your Honor Ia any future prOceeuingY
Is not his "a perfectly Tree and clear 10 the
assertion ~ his rights Notwithstanding this pro-
batef Here Mr. Beach cited some further au-
thotitie-.l
Mr.. Barllett-I wish to make a single remark
In reply to the learned gentleman's Proposition
that no harm can accrue To the pet TONER II the
decree Is not opened. Now, n Your Honor
please, We examined this subject very carefully
before we went into this case We believe tn Il
James Bailey Is an heir-at-law OF A. 1. Stewart.
We believe that the paper offered here is not tho
last will and testament OF A. L. Stewart. We
think that our client mas "a right to DO heard ON
the probate OF that Will, ana that he has right
To be heard In this court. IL Is not enough
Of no value TO the citizens Of the county, why
tabiish aud maintain M IL IL Is Of no utility
In preserving their rights for what purpose does
II exist Z Your Honor might perceive just ia
our case validity In our objection which an
other JudRe-A Judge Of n1ther court-might
not perceive unless nrst pre.ented In a decisiol
by your Honor. We have rIght in this court.
First, as a citizen Mr. Bailey has n right to tue
de ision Of your Honor on the validity Of that
VIII. IL IN y be In his favor, or Il may he against
him. lie has right to the chance OF IL.
Mr.. Beach-suppOse II was either way what
effect would II have on his rigntsf
Mr. Bartlett-lt would have "a very important
elect ia lis bearing upon the Supreme Court or
Court Of Appeals. Both OF these courts. as We
suppose, entertain high respect for your Honor;
ana N We should 20 TO them with a decision OF
your Honor, we should 20 stronger handed than
without it. We have confidence of obtaining IL
II the decree Is opened; ana II Is not for this
court to close its doors aud deny our client the
right to be heard.
After some further discussion, his Honor re-
serving bis decision, took the papers.