The New York herald., 1877-01-04
Seeking Payment of a Government Claim
Under Difficulties.
ENFORCING THE TWo-THIRDS RULE
Lively Legal Contest in the
Ingersoll Will Case.
A BIG BONANZA LOTTERY.

minat.on yesterday brought TO the trial Of The
suit instituted by John Charles Gardner against the
city to portion OF the estate OF his brother,
George A. Gardner, the unfortunate man who after
having been convicted OF defrauding tho gov
ernment out OF a large sum OF money upon bogus
silver mine claim saved the government any further
trouble his account by committing suicide. On the
resumption OF the trial before Judge Van Brunt, hod-
ing Supreme Court Circuit additional witnesses were
called, when testimony went 10 corroborste the full
story OF the published IN yesterdays HKRALD
As will be remembered, the claim set up BY the
plaintiff was that too large sum was
paid to counsel for services in Washington
getting the government 10 accept the $3.50 500 de-
posted by tho deceased prior his suicide in the New
York Life Insurance and Trust Company, II this city.
without interest," and allowing tho latter TO be dis
trbuted among the next Of kin of the deceased. To
sustain the opposition TO this point the plaintiffs called
witness Mr. +. J. Patterson.
"Do you think 10000 paid TO counsel" was asked
by counsel the plaintiff after explaining that this
ernment to wave interest upon tho sum on deposit In
the Trust Company 'was LOO large sum ior The ser
vices rendered w
~ should certainly think 1t was, answered the wit
ness
'Have you had much experience IN negotiating mat
ters OF this kind with the government asked the op-
posing counsel, In cross examination
''No, sir, replied the witness.
"Have you had any experience similar to lt?"
81 was once asked TO use my influence TO secure the
payment oi claim against tho government
"Dd you attempt to get the payment of such
elam?'
II did"
"wel what was your success?"
81 found that twothirds OF the claim would have 10
be allowed TO got II paid"
"Who told you that?"
81 don't rem enber the name of the person."
"was it tho President OF the United Statcs9"
ION. no. thought II subordinate charged this
high rate, hadn; better attempt any higher oiciaL'
WAS 1t the Attorney Generai!"
81 think not; | know was referred TO the person
by AN Official in one OF the departments.
.'And he asked you two-thirds OF the whole clamp
eyes, SIR"
''Did you get your claim paid?"
81 stopped at that point"
"Have you had any other experience in that IineY''
mo, sir; this one experience was enough for me-"
The examination oil tins witness caused some merri.
ment might supposed Other witness were called
but their testimony was mma,eraL After the con-
clusi0n OF the evidence Judge Van Brunt directed
verdict for the city, holding that the decree OF the
Surrogate In regard 10 the distribution OF the interest
fund IN question having been accepted by the heirs
waiver oil any further claims was binding upon all tho
parties MI. Henry Brewster appeared for the PLAIN
iiT and Assistant Corporation Counsel +. L. Stetson
and e. P. Miller represented the corporation.
THE INGERSOLL CONTESTED WILL.
In tho matter OF the contested will Of James d.
Ipgersol there is determination evnced on the part
oi the contestants to compel the proponents OF the
will to fight it step by step before it can reach the
them. James D. Ingersol died in this city last sum-
mcr after brief but illness He was formerly
In successful business in this city, the firm being
known as Robinson l. lngersolL For q considerable
lime previous to his death the partners lived at the
St. Nicholas HOTEL where Mr. Robinson, tne survivor
Of the lrm, still resides. In the summer Of 1875,
The decedants health being very precarious, he went
South, 10 Augusta, Ca where he had COUSIN resid-
Ing there he stopped ut hotel. Al the same motel
r.. PhlpDS
old friends OF his, and who at extended care
and kind the sick man. aud when he became
seriously III assumed entire charge OF him. Herein
lies one ground of opposition oil deceascds relatives
10 the WILL which takes from them some $4,000 to
which AS such relatives they deem themselves en-
titled 10. and 10 which they would have legally and by
right O.! rropnquity succeeded were 1t not, they
aegc, for The pot.ings oi the egalces in the WILL
strangers In blood and lineage to Tho deceased The
contestants are the nearest heirs-second and third
cousins They charge that they were refused ad
mittanco 10 the deceased during his Sickness in
Augusta, though they frequently expressed their
desire 10 administer 10 their relatives wants
the circumstances Mr.. Robinson, his lie long friend
and partner hearing Vi this state Of affairs
confidential clerk 10 Augusta TO bring MY
Insersol hoaie II possible, but to remain ami
attend to him IN his sickness as he would himself
1t is charged that the clerk also refused admit
tance TO tie sick chamber: the Phpps, as is alleged
stating that Mr.. lngersois expressed desire was 10
remain III their charge and care. Finally he xas
brought TO New York, and at once consigned to the
residence OF the fhipps on Madison avenue, where he
soon alter dei Previous to Eis death Mr. Francis e.
Reed drew up Will Tor Mr. lngersolL This gentle
testimony, taken yesterday before surrogate
Calvin was TO this ecct:Ihat upon his entering the
Sick mans chamber The latter desired that All other
persons then present should leave the ROOM that the
deceased then informed him that he wished 10 leave
his entire property to Mrs. Phipps and witness
thereupon drew the Will conformity with
that DESIRE and 10 which Will Sir. Babcock,
q son-in-aw OF the Phrpps, as
the sole executor thereof. The executors first
step was to notify The bank which MIR. ingersoll
bau S2j 900 acpositcd that the latter desired
this money and to transfer 1t to him tho legal de-
postory thereof pro TEN. The transfer was accord
ingly made and the sole executor OF the will in favor
OF the Phipps got possession Of The money. THIS is
the substance vi the Phipps WILL but, adversely 10
It's legal standing before the courts comes the claim
that Will previously made - IN existence, IN which
Mr. Iugerso divided ul! his properly among his lew
immcuialc relatives. Ihis will has been offered for
probate and IS now awaiting the result oi the dspos.
ton OF the Phipps contested Will The iegatecs
uuuer the VIII aege that undue influence by
the PhIpps to induce deceased 10 make the will hc
did III their favor. The testimony the part the
proponents was closet yesterday and The Surrogate
will probably give his decision IN "a few days
A LOTTERY LITIGATION.
A suit was commenced some months ago by Marcus
Cicero Stanley against Benjamin Wood and others
charging that while he part OF the lottery
Grrv, nf Nprrn 4 N daft pH.pt t.f,.a