The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-16
THE HYNES ESTATE
Contest for Its Possession Before the
Surrogate.
LEGAL TECHNICALITIES.
Attempts to Prove the Orphan Contest
ants Legitimate.

mrs. Mary Eliza Hynes appeared In the Court Of
Common Pleas before Judge Daily, yesterday 10 at
OF the trial OF her SUIT OF eject
mont brought TO gain possession oil the Madison Ave-
nue. Hotel behalf of her little boys, children OF
the late William Il. Agnes, who died possessed OF tho
property II Is said tho result oil the present
suit depends seven others. involving the title to
100000 OF properly at Nashville, Tcnn., and about
$I5o,OOO worth Of real estate In this city, besides
$4,000 OF personal property. The proceedings yes
tsrday were OF u highly interesting nature
TESTIMONY.
When the court opened the deposition or William
Brewer, manager OF the Camdentown branch OF the
London ana Northwestern Bank. was read 10 corrob
orate tho statement OF the witness proceeding In
reference to Mrs. hynes sending 10 tho banK check
Endorsed "Mary Saunders"
John NJ. Lodebeck, assistant librarian at tho Law
Institute, this city, then called TO tho stand by
Mr. Steven Fullerton for the Defence to prove the
| authenticity OF thirteen volumes OF tho Revised
Statutes Of England Tho defence, as stated yeser.
day, is that lady In the not legally mar
ried to Mr.. Hynes and that therefore the children
cannot inhcrit. 10 prove that tho marriage not
| In form counsel sent Tor the books in question.
Nj. Joseph II. Choato, for plaintiff said thcrc was
NO evidence that the books were authentic, and It
was in mat connection that Mr. Lodebeck was called.
Mr.. Choate questioned tho witness as 10 whether tho
volumes present generally used and accepted In
the courts Of this State AS containing tho revised
statutes Of England. IL KNOW, said witness, that
they arc tho official statutes OF England. l never
hoard then, actuaiiy cited IN court, out they are
called for largely They are consulted BY lawyers aud
judges in the institute"
'Whut judge did you ever see consulting elmer OF
these volumes Y'' continued Mr. ChVate. .
~ don't know that could name any one now"
nnfin Mnrln
Pleas, or police court justice that you saw studying
themY"
"CAn you tell any lawyers that you saw consulting
these booksr"
..Oh, yes; mnny of thcm."
s'Please namo ono. u
"WcI," said witness, hcsitating, "thtre was Mr.
Browne, day before yesterday"
stNamc another"
Witness was evidently much confused. and after
tnougntu pause, sa,d "It Is very hard 10 remember
lust now.n anu no was allowed 20 step down. Mr.
Ch0ale 10 argue against tho introduction OF
foreign statutes. IF Ihey were appealed 10 in this
State he said tney should be regarded facts, anu
should DO alleged aud proved like any othcr facts
What the foreign law was question TO be passed
upon by the jury under the statutes Tho ieS Jori
must bc presumed to the law 10 govern the case
Mr. Cnoate submitted further that tue proof offered
did not 10 the OF the Code The
lal ter said that when Orcigu law Introduced Tho
party appealing TO II must Orng In book printed ny
the authorities OF that country Tho books INTRO.
uuced by defendants did not bear auy evidence OF
having been printed by tue authorities OF Great
Britain.
Judge Daily held mat II was sufficient proof OF tho
authenticity OF book that there was printed upon
th. litie page the words "by authority"
Mr.. Choate said It was necessary that the books
should DO printed not 'by authority" OF somebody
merely but that they should be published by author
ity OF Great Britain, and the title pages OF the volumes
in question did not snow that.
IneIe could be NO other authority to make laws 10
England than that OF Great Britain, was inc remark
oil the Court.
Mr. Choate examined the books and remarked In q
sero-comlc way they probably bogus copies
gotten up Tor the purposes OF The in dispute. Mr.
Fullerton letter OF tho Lord Chancel
ord CHANCELLOR Who is the Lord Cnanceiorf
He's nobody /" exclaimed Mr.. Choate There 10 alb.
soutely nothing IN these books Cunning over the
less II Is the picture OF lion rampant ~ the button
OF the title page" (.aughter)
Mr. Fullerton umbiug the leaves OF another vol.
ume)-wny, here are the words "prinlsrs 10 the
Queens Most Excellent Majesty.'
Mr. Choate with mis- eyes fixed on the tito page)-
WE'LL thcre otner 'Queen's most excellent majes
ties"
Mr.. Fullerton Preaching for another volume}-Thars
Judge Daily carefully scrutnizing still another vol
umc)-ln this book It appears that these laws
the sixth session OF the Fourth Parliament
OF the present Queen Of Great Britain aud lreian
Mr.. Choa'e (anayzng The corresponding Inscription
In his voun,ej-ihea VIII Your Honor give tho
printer the rgnt, by saying few woras inside tho
book, TO make II egaiy
Judge Daly-Wem, II 10 "By authority"
MIR. Choale-By authority OF the printsrl
The Court held that the books might BE- accepted.
and Mr. Choate took an exception on the grouncs--
nrst, that the evidence Was wholly imEateriaI and
seconu, that The authority CT the books
proved. Mr. Fullerton proceeded to read portions OF
passed July IL, 1873, respecting tho sosmn MIA
ton Of marriages in England, and providing, among
other things, that all bauns Ut matrm0ny should be
published In a public church Or the chapel Of the
parish wherein the persons 10 be married dwell for
three sundays preceding tue ceremony. II was also
prov. ded That II persons were married any other
place than chapel, without notice and without H.
cense sad marriage should be regarded as null
and void. Mr.. Fullerton expressed pious regret
that such laws were not IN vogue Ia this country and
proceeded to read sections providing Tor tho regisra
TOR OF births anu marriages. These sections OF
having thus been put III evidence, AIR. Fullerton
after consulting with his associate caiod the
Mr.. james W. kowbottom, nervous young gentle
man who said he -istant passenger CLERK Ia tue
Cunard steamship Office. He produced q list Of pas
scngers VINO New York by the AbyssiniH on
the l4th OF March, 1872, and !. was explained hat
by her on that trip Mr.. Cnoaie raised objection,
however, and the witness was allowed to retire.
RECESS
Alter n recess Of hal, hour the Court reassem-
blcd and Mr.. Fullerton read The dispositions OF
eral Witnesses living In London One OF these was
William +. Ardrey, waiter, VINO SAID he knew Mrs.
Hyncs, the plaintiff, since 1866 she In charge
tue sliIlroom At the Langham Hotel, London, until
April, 1871, when she lived at No. 100 Ceayeiand
street, III tue same mousse with witness; ON Derby Day,
1911 one las. @ ny,. witness wen. 20 .no
Mr Hynes had promised u 80 with the party, but
did not appear; mat evening witness and his vile
camo home from the theatre aud met Mr.. Hynes
coming out; he said he had qnarreed with Lizzie
(ncaning Mrs. hynes) and was going; II appeared
that lie wanted TO remain all night Out Was refused
by Mrs. Ayncs, who reproached him with not having
kept his promise 10 marry hcr; Mr. hynos
was persuaded by witness to go upstairs again
and sec Lzzle" she spoke again about The prom iss
Of marriage, and Mr.. Hynes SAID he 'did not believe
In tho marriage ceremony or IN the mumbing Of
priests" no took a marriage ring from his pocket
and SAID II she would that DO true aud hon.
est TO him he would c0nsder her his WHO much
II they had been married IN church alter time she
ring those conditions aud ne stayed there
all Ligt they then lived together nj that mouse
fvrtn.gh after which tGey moved to Arlington street
aud thence to gloucester street; alter they novel
witness Often visited them, aud found that Mr. Hy
treated her with every respect that man could show
10 his wilc no Always spoke to her In gen.
| tlemanIy manner aud cnlod her "Mra Hynesn In