New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-19
JOHN Mch EON REBUKED.
HIS ATTACK on HENRY L. CLINTON.
u RRoGATR CALyIS's REPROoP-No POLITICAL Iss



FLUENcE AFFECTING HIS COURT.
Ex-Judge Michael Connolly, generally known
in NewYork rs the big Judge" died about year ago.
lie had only one child, q daughter Ho supposed his
property mainly incumbered real estate to be worth
S25OOOO; the shrnkagc OF vaue has reduced !. to
about 100000 lie left about $4,000 in egaoes, and
furniture 1000 year. and the use OF his residence
10 his daughter n sho left children his estate was TO
TO tlem II sho left it TO his heirs on her
death. She contested the will. which left her only
fraction OF her fathos estate the ground that when
Judge Connolly made IL his mind much impaired,
and that improper influences were brought to bear on
him. The evidence, which was very yoiuminous. was
put in when about two weeks ago. the daughter. who
was the VITO Of John W. Hcaley, died. Her husband
took out letters OF administration her estate decar
ing that the amount OF her personal property was not
over 81 OOO and the contest continued on his behalf
Mrs Uealeys death has greatly diminished the amount
pecunarly involved in the proceedings As she had no
children In OF will OF hers-and no will has
been found-the real estate goes under Judge Connoys
VIII 10 the persons, who are her heirs The bulk OF
the egaccs goes TO who heirs both OF Mrs.
oaey and father and the contest is reduced to The
huans claim to the income Of tine estate for the time
during which the daughter survived her father-less
81 900 given under the wi-t0 the legacies which are
left others than the heirs and To the lawyers fees
Tho summng-up 0: the case begun yesterday no
fore Surrogate Calvin By John McKeon ON behalf OF tho
contestant
early friendship Judge Connolly and their assocIa-
ton together friendship which he said he had trans
ferfed to his old friends only daughter Eth speaking
with much feeling and excitement lac commented on the
words of Henry L. Clinton counsel for the proponents OF
the wil in the following terms:
desire to say that the arrogant style with which the
has been conducted on the oth,T SIDE ne afVu
my feelings in such way that hardly knu" now I'D exc
pTess them. can hardly understand ~ HIS statements
That the Gaze is without merits and Is case where
The time of the Court l. uselCssy wasted cannot chf-
acterze There nothing 10 JUSTLY u except mar me
Chairman OF the TainInany jal General Conni,I,e hela
she idea that addressing Court nonihlsi D, ~
and which hc supposed subject 10 H. There IS loti
ing 10 Justify snca language. appear before tns III
bunal in the full Consciousness that SHAN nave iu G
firaI diciation IN any Court Of justice, aud " can
arouse tne community will arorsc against the cose
y Iegli tribunal. / say his IA robHke 81 tn styc IN
which have addressed during TINS tral. wh!le
am that yOr Honor wal rot DC sWdyed IL Jor
decision by what was addressed To me-
MI McKeon then called attention TO the law as to what
constitutes want of capacity IN person TO MAKE VIII
and AZ to what amounts to improper lnhNehco on
weakened mind which will defeat VIII ana discussed
the evidence claiming hat it showed that az the time
wien Judge Connolly made his will his mind hal zen
greatly impaired and that he subjected to Influences
which though they did entirely eilce his recognition
of his daughters Chains him. induced MIN to diminish
the amount which, without those Influences he "ouu
have given his daughter and only heir In The course OF
his argument again referring possible political inh1-
q,
in Court IN Ireland 10 say why he should not DE SEN
tenceG 10 DEATH he had nothing To say when "o
ac the Court a. his death-sentence had been already
pronounced at " The Castle"
When Mr. NJ .Keon closed his argument, surrogate
Calvin said: ..,,
shall enter their arguments to say, "hat 9'vn ~
luty 10 say IN respset - VIA Ley md esemtd
counsel OK The contestants upon me su9tVl Ol s"p
s, auueai 0f the senior counsel Tor the proponents
r, ~ t lan,unee OF Robert Em,nol, 10 No 10
reonr some before the proponents counsel elh
b. prov oled to any hasty teJOln'ieF II, 49,, -. ~
uerter.i and reputable counsellor can SUPPOSE thls
Court capable OF bag influenced III the disposition 81
any except " ne evidence ana tl- i'@ at's
In a. i one calculated 10 engepder suspicion ttt ehds
to palalyze tint just influence 81 Conts ana 10 eAe,'
disrst of The Importantly and lntsgli3 oa w t 'ur,
ciary aud think tina some ~ tie mcnOeisO i ule pO
fcss N ia the heat OF discussion are qhlS 700 Po,
FORGET mat the dgnlty good lame ana u'euhesso VI t
judiciary are paramount Importance TO thr as wen
a. greatly dependcn upon t'eii colau.l, nd st 80
canuot AFFORD, f"r any coN ic"h OF sttcc ~, IL
cuar case, To throw suspicion on iAe impafu'S % "'
have made these remarks for the purpose OF repro
batm what only regard a. mot PEI noouS 40 ~.
n, cuunsel of nupanty impuling 1udtfial paru's OF
onrru ton Also / hope that the dignity Di TINS CohIs
may not ,uler by am personal alsse@,Cn SUI"
J,u NcKeon then remarked Il desire 20 say that no
man more than has staou-ly stated that did not be-
How, rho facts 10 which | have III ndcd were going 10
nave auy influence with too Court but shouia ." "'u
o,,i n - r,ui 10 he trust rpJsed IN mg, II did nor
e The remarks OF counsel spa akiug a. II nc hid tdo
ca. OF the Court ana WAS aul"oii|-" ''o"' NV ~ WV
nothing in the case." III. =. II,
Henry t. CIinton said: "YOu have no right to make
my such statement. You make IL out 81 whole clot,
AMI ,.oir conduct Is dsgrlceful to Tie last degree
.uito.s e Calviu"I shall insist upon order now IN
e disposition o. IA nave stated al desire 70
$40 nnd tnk both counsel have learned enough "i lhl5
Court to he that amount OF lhbufnce aio ho
annt al 10 on tho part Ol tie pa 81 oi VI luuNhui's
On yftpet LIS c arr hair III the administration OF
iustce lope slG never have any OCCASION 10 iee1
10 such matter again
The argument Was inen adjourned.