The New York herald., 1877-10-17
THE COURTS.
Estate of Legatees Lost on the
Steamship Schiller.
QUESTION OF SURvIvoRSHIp.
a Willy Clergyman Paying the
Penalty Of His Perfidy.
LUCKY ESCAPE FROM SMALLPOX.

Among the persons lost the steamship Schiller,
which, in May, 1875, wrecked near the Sclly
Islands, Mr. Joseph r. Walter Mrs. Mary Rdgway,
he mother Of Mr. Walters wife, and Mary r. and Joseph
Walter Jr, the only children OF Mr. and Mrs. Walter
In 1870 Mrs. Walter died aud lett by will her estate,
Che bulk Of which had been left her by her father.
The estate she LETT amounted 10 some $4,000. The
infant children had each au independent estate OF
SIS o00 Unusually implicated legal questions havo
arisen the disposition oi the estate Mrs.
Walters WILL there being no evidence of
tho survivorship OF either OF the children
or the father and II being claimed
that the Inheritance having been derived from tho
father OF Mrs. Walter, Moses Ridgway and Fred
erick A. Ridgway take the realty per stripes. Tho
case came up Tor argument yesterday IN Supreme
Court General Term, before Judges Davis Brady and
Daniels appeal from judy ment given by Judge
Van Worst, NJ Special Term Dir. George @. Comet, on
behalf OF the appellants Claimed that the whole estate
being vested IN The children, subject only 10 tho
trusts u remains so vested until thoss who claim
under the contingent remandcrs prove tho happening
oil the events which entite them, any OF them, to
the whole or any portion OF the estate; that the
law presumcs things that exist TO TO right
uutil the contrary Is proved; that the burden
OF tho evidence IS the claimants, who, IN tnis
case, are the Ridgway family; That II is incumbent
upon the claimants 10 show their lille by proof that
all the contingencies have happened which a
condition precedent to their right that they must
therefore prove, to obtain either haif that Guild
died before the other, ana which one died first, 50
as 10 show that when dlcd there heirs OF
the body Of tsstatrx living 70 inherit also that Walter
survived the children; that in this there
presumption OF law. either that they perlshcd at tho
same moment, or that either survived The other, aud
that In tne absence oi tho proof the Court Will not
attempt to pass The estate through tho win, but Will
adjudge an ntestacy after the trust life estate tho
Two children provided Tor in the will Ex-Judge
Fullerton on behalf OF the Respondents, contcnded,
on the contrary that the necessity for bringing this
that the cesuis que trust
u
wreck OF the Schiller; that assuming that these four
persons all died al the same time or that there Is no
presumption that did did survive tho
others, and there being no evidence that did
vvc the Others the whole resduary estate goes tho
persons described IN the will as the children heirs
Of Frederick A. Kidgway, Moses RidgwAy, John Gum
ana Horny Gum. ON behalf oi the children oil Moses
Ridgway and others, respondents, Dir. Henry Arden
contends that the portioa OF the estate which
realty dsscends 70 Masses Ridgway and Frederick A.
nephew Of Joseph Rldgway who was the father Of tho
testatnx, and from wnom she acquired the realty by
journmsns Of Inc Court and viii bs resumed this
mornng.
LURED BY CLERGYMANIC WILES.
Tho OF the Rev. Alfred Thompson pastor Of tho
Free Methodist Church. Of Eigin, Ill, called Tor
trial yesterday Court of General Sessions before
Recorder HacketL Assistant District Attorny Lyon
prosecuted and the facts OF grand larceny alleged 10
have been committed by Mr.. Thompson and ior which
ne was arrested October In Jersey City, were set
forth On the last trip to this port OF tho lnman
steamer City Of Richmond Mrs. Ellen Gotham was
among the passengers. She is the wifo OF Baptist
missionary present engaged in hts clerical lebors
Demerara, and was coming to this country brief
visit to her brother Baptist minister Jefferson,
Mo- Thompson was also a passenger and on tho voy-
ago explained that he had been passing vacation
England with his father had left his wifo and
iy IN charge OF his deacons ana elders at Eign; he
proicsscd 10 take an abiding and patonic interest
Mrs Gotham, whose acquaintance ne formed upon the
voyage, ana interested himself ~ her anairs The
lIglous guidance OF the reverend gentleman was ac-
cepcd by the lady and upon arrival and under ad-
vice they took up their quarters at the West Sido
Hotel in West street. Visiting hor room subsequently,
he declared that she HAD better her
fruits OF missionary labor in Demerara-lo his care,
no, from any suspcion OF the honesty Of The hotel
propretors or inmates. but as matter Of spiritual
and worldly precausion. Mrs. Gotham gave HIM her
gold and siver-teu British soversgns, eleven English
shillngs gold watch, gold pcnci and pair of
currings--a OF which he put in his vase and rele-
said he had al appointment at Castle Garden, and de-
parted never TO return 10 the hotel selected by HIM
at his absence and finally concluded tue pastor
OF the Methodist Church robbed ner.
The authorities werc Informed and the ievanting
clergyman arrested he about to take Western
traiD He did not deny his possession ot tho valua
bes, but said he and tho lady mad maintained the
latiuns oil man and vile upon the voyage, AMI from
her ovc and generosity she had given him her prop
erty. The defendant was sent to tho 1ombs and
manned there until yesterday, presumably buoyed by
the CONSCIOUSNESS OF innoccn and the PHILOSOPHY or
faith. The THEFT was proved beyond doubt ny MIR.
Lyon, and then the called " the
In his own defence Fortified by his cloth he smiled
and smirked incessanty and took hts notorIoty aud
Ancllary dsgrac. as lines that had fallen 10 pleasant
places. He unblushingly accused Mrs Gotham ot
being uDchaste, OF occupying the same
with him and of having In an hour OF
loving oalance presented him with the British
sovsrcgps, the Euglish shiilings and her personal
adornmens She was the Deiah who had lured nm
to the ways OF the lost, and to wies due
position he now presented TO the people and ~ the
Free Methodist Church OF Elgin. Mira Gotham was
recalled by Dir. Lyon and denied that her relations
with Thompson were unchaste and unbecoming the
vile OF missionary iaboring among the hcathen OF
Demcrara. The proprictors of the motel proved they
had occupied separate rooms, ana wise did tho
relation, as explained by the defendant, seem 10
ist Tue jury, with undenabe pronptness, found
the Reverend Thompson guilty anu Recorder Hack
CIT gave the hypocritical and snirkng minister the
full penalty oi the law, hve years IN Stale Prison at
hard labor No doubt existed IN the minds OF those
who heard tne testimony OF the perfect inno-
cenos Of Mrs Gotham and, however Ioolshiy she may
have acted III trusting herself and her jewels TO his
care, of tue iasehood and impudence OF the
fcndapt