The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-30
Tho following Is Ia Or. Smiths handwrI,,pg:-


Tho following Is Ia DR.. Smiths handwriting:-
Moreover. tho properly which lett beque ahed to
pr Gsorse sauitsr nov Leave IN osaaea.n 70 Mabel
ru through these last three words, her two orohs
she has no legal cndren; Blu. Maybe ssul,er cannot
.ional City Bank until the ara OF twenty-five.
Witness knew nothing u to the manner by which
these papers came to among Mrs. Mcrrl's effects.
Counsel persisted In asking witness ~ explain Tho
matter until Judge Porter intcrfered anu the Court
ruled thatDr Cnatard was not called upon TO cxpitn
how the papers came 10 be put together Surrogate
Gavin looked at the papers and SAID tney appeared
to be memoranda Tor the nrst codicL
Mr.. Parsons-we Claim, sir, mat they were in
structlons tor the lrst codic
"Did you, Rome, sad Mr. Parsons to the w.t.
ness 'or elsewhere Introduce 10 Mrs Merrill officials
oil Roman Church yn
II am not aware oil having introduced to Mrs Nor
riIl any ecc esia,tics OF The Catholic Church..
"fou stated tina, You thought Mrs. Merrill nj.
ways suitably and Dccomnglv dressed. Are you able
10 give an account OF tue manner in which Sue was
drcssedr'
rue witness, with smile, responded at Is little
diii cult to describe lady's dress, but think she
wore dark clothing generally ana little scarf around
her neck. AT holLe, ~ her sitting room. she al
ways wore u neat wrapper, ana under all circum-
stances sac was Dccomngly dressed"
Have you ever 70 about the streets with
her ovcrskrt raised, displaying great brcpdth OF tho
whic garment updernealhl Z"
mo SIR, not that recall
''iiaye you seen two or three wraps around her
head the same lime ?"
$40; never saw more than Que scarf to keep her
from getting co!d.N
''Aave you ever seen Lorenzo tho courier suggest.
ing some change Ia ner dress assisting her in
arranging ~"
.'So, slr."
''How did he speak OF Mrs. McrrS"
''Hc generally spoke OF Der la : gnora' tho wny
in which Italian eourers generally address their
tresses'
"Do Italian courIers when they wr,le usually i'd
dress their mistreases AS Dear mamaY "
.'they d. not"
as il usual TO address them As Dear mama, send
you morning kissT"
1T Is not
''Do you think Mrs. Merrill, If in her sound mind,
would permit this courier To address her soy',
judge Porter-l object.
The Surrogite--Ihe question Is ruled out.
Mr. Parsons commended that tho witness had been
permitted TO express an opinion as u the mental
d,tion OF Mrs Merriil ut one period and was c,mpc
tent to utse oil H. ut another upon acs suDinitou 10
him
Judge Porter suggested that facts were not yet
in evluence and the court reminded Mr. Parsons that
witness had previously been questioned CONCERNING
tue mental condition vi deceased only at tho par
licular time wneo tue instrument executed.
Atter further are counsel the Court held
that witness not expert IN any sense OF thd
word. II II could be shown that he knew thai the
courier VAS addressing Mrs Merrn ia that way and
that she permitted II, thcu II might be pclent TO
ask him whether he regarded that evidence IN
sanity, Out II appeared The witness knew nothing
whatever about H. ana therefore the question was iM
proper.
DR.. Chatard testinei that he had heard the
courier address Mrs. Merriii improperly; sho took
great interest IN his marriage and even made some
wedding clothes Tor the young woman witness had
nothing 70 do with the marriage ana only learned Of
II IRON Mrs. MeIrii; she told witness that she par
ticularly liked the courier account OF his respect
Tor ms parents, anu SAID that she
tied the old people aud was much pleased at hnding
them worthy and excellent people; only coca.
sion had she spoken about her rciations and
then they AID not treat ner kindly aud sue d..
not Ike them.
While Mrs. Merrill was IN Rome she was under
some slight medical treatment by Dr. Filelc u Pisa
who came To Rome several times 10 sho Told
witness several times that sue was H. ana she looked
times very pale uni weak, aud had ihculty
In moving about; from the lac, oil not being aDs
up the NJ the college he sue bae
n faaf IN 4
siby she had said something ABOUT Il herself; he
never saw her get into her carriage without tue
sisL,ncc OF her nanserva ant 9lael: sometimes When
witness called she did not MIN, and no told
unable to leave her bea; saw
her so III ms not TO be able - move about her room
without assistance she always stopped III first class
NO els and mad many MAIDS rs she would, but had
In her immediate service nobody but tfe the latter
tho room wnen the codcils we're signca; he
tom OF servants, walking up and uOwn In the haa
side; knew Mrs. Merri 10 drink stimu ants:
once awhile she ordered VINE oc brought when
witness called aud that was all he knew ABOUT her
using stimuants never sent her any s,imulants and
never Eeard OF DR. Smith doing
Mr.. jacques examined tue witness whom Mr.. Par
sous had nuishod, but traversed tho same ground.
Alter time the Surrogate reminded the gentleman
tnat u made testimony stronger TO have sworn
Then MIR. Brown took hold OF the witness, and after
some questions, when elected nothing OF consc.
quenco. startled the court by asking sud Ioniy-
'DO you know lady IN New York, now somewhat
famous AZ Mrs Hicks-Lordy 7" uaushscrl
Mr.. McCiure-I object To the question. Mrs. Hicks
Lord has nothing TO 40 win tots Will
Surrogate--Not that l am aware o AZ yet. (L.1ugh.
teri
After some few unmportant questions from Mr.
Parsons, the witness was permitted depart the
further hearing oil the mater do tor Tues.
day next a. eleven O'Clock.