The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-30
Continuation of the Contest Before
Surrogate Calvin.
DIR. CHATARD'S TESTIMONY.
A Somewhat Unusual Line Of
Cross-Examination.

the Will set aside only tow were present. but all
wero represented one way or another by counsel,
among these being Homer A. Nelson and Messrs J.
e. Parsons, D. r. Jacques, Edward Gerhard, d. A.
Brown ana Mr. =. y. Van Dcrveer, who
nouuced himself as counsel tor the Right Rev.
James ". Hcaly, Roman Catholic Bishop Of
tho diocese of Portland Me-, secsssor to Right
Rev. u. W. Bacon. tho late Bishop OF that diocese
who is the devisee named in the last will and tesla
ment OF The deceased. Sir. Van Derveer desired 10
intervene AS party 70 the record and filed brief OBJ
lection 10 the PROBATE oil the codcii OF December ~,
1875, by Which tho Cardinal aud various institution
became icgatees. Tne Court perriitted Mr Van Der
vcer To intervene. Ex.Juige Porter and Mr. David
Mcclure appeared Tor the proponents.
REV. W. caArARns TESTIMONY
Rev. Cyrus W. Chatard, rector OF the American Col
lcge at Rome resumed the stand when tho Court
opened and exJudgc Porter proceeded with his direct
examInaton. Witness testified concerning his ac-
quaintance with Mrs. Merri IL length and was cross
examined by Mr.. Parsons the subject The
only result of Ar Parsons queries TO bring out III
greater detail the facts related 10 Judge Porter
Witness stated that he never hoard tho name Of
Mrs Merrill until January, 1874 when, his
return to Roma after briei absence the
vice The college, Theodore Aioysus
Metcali informed him that lady named Merrill mad
called at the college; then in January, 1875, wtness
saw her IN Rome; she spoke to him IN relation TO
making a codcli to her W by that instrument she
bequeahed most OF hor properly to Bishop Bacon, oil
Portland, Me-, VINO died but few weeks before the
conversation referred to; she remarked that as no
dead the legacy had lapsed she wished to be.
queath IL 10 somebody eise she inquired what
sort Of man tho newly made Cardinal, Arch.
bishop McCIoskey, was, and DR. Chatard told her
he was high toned gentleman and would carry out
her views, she having mentioned him as TO whom
she would like to bequcath Der property; codicil
was drawn leaving bequcst to the Cardinal, but II
was not III legal form. and AZ the request OF Mrs. Mer.
rl witness sent II to Mr.. I. j. Glover the lawyer OF
Cardinal McCoskey and who ut the time IN Paris
TO be recast INTO legal form corrected copy
OF the instrument was received py witness
from Mr.. Clover with a letter instructing
him that the law required the testamentar
clause TO be read aloud The presence the tcs,arx
and Witnesses; DR.. Chatard sent the document to
Mrs. Merrill without reading IT, and in December,
1875, she returned Rome, where the instrument
was executed by her and signed by Dr. Chatard and
Dr. Smith, professor IL Urban College, as Witnesses
Alter tho execution Of the paper he still continued TO
her from Time to time, but had further CONVEX
sation on tho subject OF tho will
MERRiLL's SAINTS
Witness said he never saw the original will, and
knew nothing OF us contents during her lifetime ex.
ccpt that sho had lett money TO the Church how
much ne did not know; from all his obser walton OF
Mrs. Merrill from nrst 70 last believed her to DO
OF perfectly SOUND mind; indcedho urprised TO
hear her sanity questioned; whenever ne called 10
see her she was always occupied
thing, and generally shs nked to talk about
books, and would Tell HIM aDou. literary per.
She had various parts OF
the world and The Conversations had WIN them
She WAS perfect lady, moving IN the first CIRCLES OF
society IN Rome; IL regard To her Dress she Ill
ways simply robed but lasteiuy, and wore no orna.
ments; as 10 the character OF her mind, she always
struck the witness as u remarkably shrewd old lady,
WHO always judged persons and III ngs very ecy;
she was very determined and wouu have her own
way, but was always kind-hcarted, nevcrth elcss
though she treated her servants well, she always
kept them at proper distance.
DIR. Chatard was questioned IN relation his pres
ent visit To this country. He stated that ho VAS u
native OF Baltimore and had been at college in Rome
for twenty years. he arrived here In March last
year, and was at Saratoga tho live days preceding
July 2o was not aware that Mrs. Merriii there al
the same timo or he would have called upon her: he
had OCCASION 10 come to New York ON business
Ia tho early days OF September; Mrs. Merrill,
VINO was stopping then vi tho Rossmore Hotel
expressed "A desire 10 sec him. and no called
but was met by two doctors, who said tho lady was
III and In critical condon, and refused lie. him
her; he never called again. In reply 10 series
OF questions the witness explained that the Anerca
College NJ Rome Is an Institution founded Tor the
Catholic ccclcsiast.cs OF the Unnod states, aud
resort not only tor Americans .ising that city, but
for many others; II was customary Tor the rector
return calls, was because Mrs MorrlIs visit
10 the college that witness On her return ~ Rome
called 10 soc her
WITNESS DID Sor Sick HER MONEY
Mr.. Parsons cross-exauined tue witness at length,
beginning with areicrencc to the object his pres.
cnco In tnis country now DR.. Cnalard den led that
his visit had anything 10 do Win Mrs. Merr or her
money; he came Oh business connected with mis- coll
lcge, aud IS now staying with tue Arcnbshop OF Pha.
delphia his family resides nc No. ia PARK street
Baltimore. and his own nome was al the American
College In Rome. Then No Parsous reverted
to The period Of Mrs. Merr.i's visit TO Rome.
aud inquired whether tho Doctor mad talked
with persons there about chat ladyr He re.
pied that no had spoken Of her TO perhaps
ten or twelve persons, ali oil whom she knew among
them was the amiiy OF Mr.. Thomas T.. Davis who had
daughter Norah, s,ncu dead; ha had never spoken
with them anybody else about Mrs. Merrill prior 10
1872 and Was not preparedto receive VISIT nom that
LADY when he returned " Rome In 1872, Dr. smith,
who signed the cedcii, witness Ind known Tor many
years; believed thu no 100 made tue acquaintance Oi
Of Mrs Merrill Tor Tie hrst time wilhiu
sew days Of The signing OF mo eoai.
Mrs Mcrrs property further than TO speak of sgu-
the codIcl witness Was rather annoyed At having
sign H. Tor he HAD immense amount OF YORK to
do, aid it 10 obse Mira Mcrrin at her request;
abe never spoke Of leaving her money TO any special
institutions, ana witness talked with her about the
college aud his collection Tor IL, aud shc sutd sho
wouId remember H. but she aid not leave 1t anything;
Witness never saw her amer tins conversation, whoa
was Ia tue sDrng OF 1876.
Mr.. Parsons handed witness The second codcil and
asked III whose handwriting 1t was. DR.. Cbatard sad
looked Ike his own, but he did rucoAect copying
u; nnaiy, ater careful scrutiny lie said ~
his writug, but that vi Mr. Clover, and Tho paper
the laIlor mad sent from PARIS To Rome.
LORENZO MAFEt
great deal OF emphasis given by Mr.. Par
sous TO series vi Questions as to whether
Mrs Merrill had courier IN Rome nainod
Lorenzo Maiei; Wheeler witness did not know
HIM before he entered the lady's service, and
so on Witness answered SIMPLY that he had never
heard OF tue before Mrs Merrill hired
him The Decor asked to describe the mnu, ana
ana so, though his looks expressed ttle disgust at
the intimauon- that lie had been on Intimate terms
with any such person. Tho relations between Mrs.
Merrill and Anici were inquired very closely Dr.
Chatard SAID Mrs Merll regarded the man as an OK.
celicnt servant and liked hun ~ ucn.
witness stated that he had never received any
money rom Mrs. Merrill except 5000 which
seni nim, telling him 10 make what dlspusiaou no
pleased with III he used part Of the college,
ana expended part Ia charity. A letter from witness
Mrs. Merrill was read 1t announced the arr val OF
the ADyssium win Cardinal McClOsKcy ana thanked
QnciaeDtnly) The lady tor her many klndnessos. Mr.
Parsons Questioned tho Witness To what the KIND
uesses were, anu elici.ed the reply that they
invitations 10 dinc, ana other social
courtcsos usual between ladies' and gentlemen;
he saw her often once a fortnight ana then
again there we're intervals OF "a month or mOfc she
did not come often 10 see im 1T tho college,
dilicut Tor hor 10 mount tuo stairs; sac was per-
haps, there seven or eight times IN nlL
In Inc course oi very rigid croSs-ox amin ation,