The New York herald., 1878-02-19
THE HYNES SUIT.
CLOSE OF THE TESTIMONY IN THE WIDOWS
cAsE-sHE TELLS HER OWN STORY OF HER

CAsE-sHE TELLS HER OWN STORY OF HER
RELATIONS WITH THE DECEASED.
Tho case OF Mrs. Elizabeth Mary Hynes, sues in the
Court Of Common Pleas to gain possession Of the
property OF the late William R. Hynes, claiming that
she is his widow yesterday closed so far as the
testimony 10 concerned. To-day counsel on either
side will up and IL expected that verdict Will
be rendered IN few hours.
The frat witness called yesterday was Mr. henry J.
Jack son. CLERK OF the Board Of OF Emil
grafton by whom the defendants sought TO prove tnas
MIR. Hynes passen nger on the Abyssnis when she
arrived this port in the early part Of March. lS12
Mr.. Jackson brought with him from tho Office 10
which he attached list Of the passengers by the
vessel He sworc TO it's authenticity as having been
fled by the officers Of the steamship company; but.
upon Mr.. Choate objectng Judge Daily ruled that such
a record was acceptable evidence OF an occur
renee OF recent date to be susceptible oi
direct and contemporaneous proof
rHs pLAINTIPF's TESTIMONY
Mra Hynes then took the stand and testified to Mr.
Fullerton that Mr. Hynes made two trips 10 the
United States after 1S7lthe arst In March, 1872 aud
in May, 1875 sne had, alter beginning TO
live with Mr.. Hynes, signed her name "Mary
Saunders" but only bank checks; did not register
the birth OF children under the name oil SAUNDERS
giving the OF their father as William Saunders;
Mr.. Aynes died at Victoria Villa; all OF his papers
which came into her possession at present IN
court; dia not handle Mr.. Hynes' papers utter his
death and did not find any bank checks or letters
among them; Mrs. Hynes saic she knew Colonel
Todd. OF ST. Louis; became acquainted with him at
Paris on the occasion OF her arst visit 10 that city;
no was friend Of Mr. Hynes' and was
with him when he died; did not recollect
thut Colonel Todd took charge OF the papers
OF deceased; did whether he did, as she WAS
III for several days alter tho death Of Mr. Hynes;
never authorized Colonel Todd call upon the rela-
tivss deceased in her behalf; she learned that he
intended to from Mr.. Fisher. OF London, q
friend OF her husband; never saw or heard from
Colonel Toad after the period Of Mr.. Hyres' death
until she him In Court on thursday last
A STRING OF NEGATIvES
She said she never received u communication from
her husba nd relative 10 sum OF $4,000; alter May,
1871, lived a Leverton street, London IN
a house o which Joseph Sauiters was the AGENT did
rent the house herselt ana sign the iease Mary
Saunders; she ana Mr.. Hynes rented the house TO-
getner. Mr. Fullerton handed the lady paper and
whetn were not Inc lease referred 10 and
She stated that she had lived house Cleave-
land street, where Mr. Hynes rrst visited her, tor two
years and halt before .hat time during the lie Of
her husband, Charles Saunders, und after mis- DEATH
Mr.. Cnoate then examined witness and had her
identiy several letters written 10 ner At different
times by M. uynes. In these ne addressed her AS
sMy dsar Lizzle" signed himself, "Yours Affection
steiy W. X. Hynes" and expressed his love tor the
babies, leliing her 10 KISS them Tor him. Some OF
these letters written while nc absent on his
trip the country, ana others we're Written
in England. One dated from No. l04 Regent
street requested her send him valise, puLling
into IT, among other articles, Two razors, Two pairs Of
SOCKS ana two bottles OF whlskey, las ns was going
to Oxford" Witness explained that she had been
married at the age OF egnteen ~ Charles Saunders,
VINO died one year and n half later she explained
The fact Of her signing the name OF Saunders 10 tho
bank checks by stating that Mr. Hynes, on leaving
home q time, lett In her posssssion a sum OF
It IN the bank. The odicias there, however.
refused to receive money from married
womAn Without S.p hasbapa ,nS No. ~snns an
she money back again. she asked the banker whether
she deposit II IN the name she held as Widow
and he consenting She deposited IT. In addition "
her testimony OF Friday last she stated that alter
consenting live with Mr.. Hynes tas she then tes-
ned) they had, while crossing the Channel copversa
ton about their relations, ana she expressing
nervousness about the lack OF religious ceremony, he
SAID 70 her, swell. here We are on the Channel; We
are on the hph seas now, and will repeat my prom
ise you will do The same," ana they did 30; ths TWO
boys were named-ths one Tor Mr.. Hynes' father ana
The fur himself
THE psrxcrIyE AGAIN.
Mr.. Loeder the private dstectve was called by Mr..
lease the house In Leverton street was In Mrs.
Hynes' handwritinE
witness was Incompetent to testify, not being
pert and having become acquainted with the hand.
writing Of the plaint IN the course o business but
having merely seen iew times writing admitted 10
be hers. This, Judge DAILY hed, could oe nothing
more tnan comparison.
Mr. LJedebeck, assistant librarian at the Law insL
tute, was called by de.endants 10 authenticate vol
ume OF the statutes OF Great Britain. He stated that
the book had been In the library many years, and
had been consulted by judges aud lawyers as an
Lnority.
Mr. Choate raised several technical objections, but
the Court admitted the book Tnereupon Mr.. Choate
entered an exception grounds that the
ticty oi the volume was not proves, that It did
not appear have been pabsned ny the authorities
OF Great Britain and that II appeared the
work had been subjected 10 complete re-
VISION ny tho statutes OF 1867, which had
already been put IN evidence. Counsel then read
from the volume portions OF The English law, making
II pulsory upon parents to register The proDer
Office the birth OF their children. In OF The n-
capacity OF the parents II was made the duty other
Inmates OF the mouse wherein the chiid was born.
Based upon tnis evidence, the Court admitted
em pihed copies oil the certificates vi registration of
the Two chdren OF planun, In which the mother's
gwen AS Mary Saunders and The father's as
William saunders
Counsel Tor defendants then wished to prove the
French marriage laws, and Tor that purpose pro-
upon the stand Mr. Michael ky a French
lawyer, employed by Coudert Brothers, 10
certify authentic authority 10 the courts
OF France AS the gentleman could not speak English
interpreter was obtained, and through The latter
years. knew the code ~ be the authority there.
'wHAT's 1T ALL ABoUTy"
Being crosse lnod ABOUT annotaors and editors
and printers Of The code nc became rrtated
exclaimed testify. "a don't know anybody this
case; aon't know what II Is all about and don't
know what you asking about"
The court held hnay tnat the authority OF the book
haa not been established, and NJ, Ry retired
Mrs. Mary Jane McCreary. Of St L0nis, sister OF
Mr.. Hynes, placed the stand. lett ter sent 10
from London by her brother just before death
was read. IL was dated June l6 1874, and described
the accident with which he had just met In being
thrown from his carriage. lie mentioned the fact
that Mr. Loci wood, his compsnion, was killed aud
himself seriously injured. II would appear that ne
expected 10 be confined TO the bed ior some time but
he apparently had no idea that going die as
he did week later SIe testified tnal the body Of
deceased sent to this country and inferred near
81. Louis 10 1874 she met her brotner In August
1871, at Heidelberg, Germany; travelled with him
thence to Baden Baden, where she lett him met MIN
Ia London In October Of the same year by appoint
menl; ne told her ne was living at the Langnam
Hotel; again on the occasion OF his visit 10
TINS country 1873. Mr.. Fullerton asked whom she
first heard Of planln. Mrs. Hynes Tho question was
excluded.
Mrs Lavinia Gay, elderly lady, also sister OF the
deceased was called ask ed same question: end
It was again excluded, exception being taken In each
Mrs. Hynes the plantn. was then recalled by Mr.
Choate and shown the certificates OF REGISTRATION oil
the two boys. She swore she had never seen
them before; had never made or caused TO be made