New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-13
THE CHARGES IN THE AFFIDAYITS.
JUDGE DONOHUE'S ORDER.

Supreme Court State OF NeW-hofKCAt ChaIlT a
against COmela NJ Stewart Henry Hilton ana Elea mi
RntIST her husband, Charles z. Cnch, Henry t; Nc
COun and George MunrOe and others, detendats SEPT
TENDER 10, 1873; Present the Hon OniieS Do"O"u0'
on tbe summons and complaint in this action; the
papers and proceedings had therein, ana upon an
RsRed afidaviLs and papers Let S. f Kneeland esq,
the plantfs' attorney in this action show cause cause
Mt The Chambers Of this Court 70 DC heIa
at the New Court House In the CITY OF New
YORK on the 18th day of september 1873 at the open
ing OF the Court that day, or as soon tnereale as
the attorney Alexander stewart herein and why ira
shafer shall not De I'D 1s PS Shu and WbY
this said Alexander Stewart shall not nave saeh 0lseI
and further relief he may be enutea 20 anu uDt wy
hearing aud decision Of this motion Ills hereb1 ordered
that the said s. +. Kneeand be ana be ls hereby re
name Of or the attorney of the said Alexander sts"
Dated Ee,s York, September 10, 1878.
IRA sHAFER's AFFIDAVIT
supreme Court state of New-York.-A lexander Stew
srt Ann Jane Bailey plaintiffs against t C0r39 s %
Corneia s. Butler and Prescott Hall Butler her g hus-
band Charles p. Clinch, Henry heCoun' ana Ieorse
MunrOe and others, defendants
CJity and County Of EeV York, S.: -,
Ira Sgdfsr Ss stewart o the ID day Of spem
ber 1873 he is plain unettered lrs , i nave
ing himself, family, geueslogy and his knowledge
ana n SfswaFt Of New-Yor City and have
bodied all could from him upon these subjects IN
his views and feelings as he expressed them 20 me,
srhscrbed and sworn to before me September s. 1873.
D. b. WilmOt, Notary Public C16l, ny Cly anu county
AFFIDAVIT OF ALEXANDER STEWART.
Surname Court State Of New YOrk-Alexander Stew
ort and Ann lane Bailey, plaintiffs against Corneha NJ
stewart Henry Hilton and Ellen b. Hilton MS Whe'
SSnd Charles p Cnch Henry T. McCoun, and George
MunrOe and others, defendants.
GIe1SMdsg Stsoart oenE first duly sworn, says; am
the plaintiff above named n about ~ orS
wall, County Donegal Irelandj my IatnsrS n pane
tban my father; their names were James, and
Thomas Alexander Stewart; my father had no sisters
and 40 was INV great grandfahers my father and
his brothers came from s0urn 70 Ellen 6d cave ives my
think was never married; my uncle Thomas AleGan-
TTrnsr fp@ssibiy the name TuDeyl from the town
of Conoy about eight OF ten miles from Glen cave;
Stewart had any children remember seeing MIN once
when six or seven years OF age 10 Ireland never
afterward; came to tins eountI! When Nss ABOUT t
twepty-two years old went to Quebec, CanaGa RON
theDoo to 81 rOctarsye in the State Of
Vermont aud have resided theEe until tns
Ss9e1 resided at whitehall IN the State of NewYOrk
have always claimed 20 be blood reanve OF AgXtl-
YORK City April TO- 1876 The foundation OF nay claim
ana Is this towt ny IS had SON AlexaDder
IT Stewart, ana that be was cue NeW-tOrk hercnaut
his ID The only information had upon the subject
d Thave never made any investigation whatever to
ASCERTAIN whether my mother ION was correct
fatner died before she did.
xSont tie time Of Mr.. Alexander T. Stewards death
I'm April 1876, learned from the newspapers mat ne
had mace win aud had gwen all OF his property, Sub
stantiay, TO his widow, ana tneIeuPon gave no iuI IT
ther thoughts 20 the question OF my oeih eeent o.
his bounty as l had always hOlen' IeaFmhk ne was
childess never thought "a oii ~ Sun t6e ,rsrtS
widow against any one ese ~ t 'o
of the aie Mr. stewart, as one OF MS helTs never au-
the1zsd Mr. s. +. KneelaDd. Clark H. Chapman or any
ope else, 20 commence this suit 1 was totally
tgnorant that the same had Deeh commenced,
Sgo have not seen Mr. 5. F. Kneeland for
the past ten years, nor had any communication WHAT
,.f., "a hp has ffsa "a IN
pisintifs in this without my KNOWLEDGE without
my. my ~ me- Thc person who spoke
eponent about this action Is lawyer py the name or
Clark H. Chapman, who resides at Proctorsynie WI
IN July last, aud my sOn-n,law, George Jens, met
Chapman and he said 20 ne; " wapt 70 speak 70 you
have letter for you asked nm % give ~ 20 me- ana
he replied can't let you see II Tor must return IT. put
will give y0Id 8eS SfR Soms and informed my WIFE and
dangher what Chapman had said, and they advised me
70 90 70 @onnS SeSi to Chapmsn asked
him for the letter. and he said, can't give you me let
fsr INIT viii 90 To my office and give you copy" We
went 10 his Office he opened the letter that DC said
was for me- and took this piece OF paper WHEN nave
letter open and looked at It, ana copied II and gave me
the copy which now have here IN my hands, ana winch
tS Extract from letter Of g. Kneeand to c. H. Chap
man frOm N. Y, dated July II. 1873
.'NEw-YoRk. July 12th. 1873.
"Your client, Alexander stewart, heads the list OF
plaintiffs iu my partition suit agnt the stewart Estate
Idon'tD think is obviously the word omted) that
he can be proved an heir but his name makes him q
convenient hgurehead. The case Is making noise IN
all papers, asd the chances OF ultimate success are
improving daily" 1 saw chapman write the ABOVE,
and he handed it TO 10 Is written
half letter sheet headed on the opposite
side Law Once Of Clark H. Ehapman ffo S hai
unable read it. handed It TO my daughter ana she
saw Chapman and demanded again that he should
give the original letter. aud ne saia cant give
Then gave letter upon any promising to return IT,
took IL home and my daughter read IT, l remember
ana Mr. Hilton had sworn mat Mr stewart died without
any heirs. Remember that was IN IT, Chapman told
me TIE letter was from f. Kueoani and daughter
said IL purpOIted 20 DO written by s. Z: kneeiand
Spnian g01 s Ella os Sa the letter rom which he
had given a copy was from > r. kheeiand
York by he name OF Lewis and he informed
other things about tns suit thai was suing the Stew
Eess a IN The complaint that lived in whitehall
IN The STATE OF NewYOrk after being thus Informed
the premises and after this determination, met said
Chapman who came to my house az Dight when was IN
Yors "a" that O bad better wait uutil ne chapman
nat Knew SSthpR sIout his and KnecIand's affairs
and thar going 70 New-fOrk IN the morning
saying ne would 20 along with ne II would do go and
depOpent declined SO TO do t9la chapman Wal hn
and he said that done az . save costs and 50 as
not 70 be compelled 60 give ssSST ,Ss SOs u, o
was recommended and nc got copy Of tue compslnt
A. this action and informed me ., ~ ~ S NAN s alss
mos beginning TO end In she diagram iormnE part S
eeneaiogy OF the stewart family, my grandfather
ame is represented Thomas Stewart; this Is false
rs name was Alexander Ny father. IN said diagram
is represented as having foaF brothers. Alexander.
Taoas Villas a9s Jo@sS by iSInsr p9a t Pas s S
E.n ny fathers alleged brother Alexander the had
70 sSo,s y ,s. s9%e Is %sreS "a I navs be-
fore stated, my information from my meiher - inat
esfsr stewart and the iafters name not mentioned
81 AL in the diaRrsm- The diagram mentions 80 my
whereas tns truth IT, As have always been informed
that my father mad no SISTERS; 1ya 9ia1rsIa