The New York herald., 1878-02-07
THE MERRILL WILL.
Continuation Of the Contest Before
the Surrogate.
TROUBLE ABOUT A LETTER.
Interesting Testimony Of Acquaintances
Of the Deceased.

mont In the contested Will case OF Mra NaEo"no ~
Merrill resumed before Surrogate Gavin yes'er
day. The court room was more crowded than on 'ne
previous day, and Of the general public In
the proceedings appears to DO increasing Several of
the contestants witnesses testified and tho last ons
Mr. Parrish, crSatcd considerable amusement he is
afflicted with slight deafness, and his inhrmity was
very manifest when any objection was made 70
question; the answer always came boioro he neard
that he was not to His description OF per-
sons and things very graphic and invariably set
the court room In a roar OF laughter
ruR PROCEEDINGS
Mr. Stewart Brown was the first witness called and
was examined by Mr.. Parsons. He said:-l am the
senior member OF the Hrm Of Brown Brothers, bank
ers; knew Captain Merrill and his wife; became
ACQUAINTED with thom nifty years ago; that was in
New York; / knew him In Baltimore some yenrs bc-
fore he was captain OF the ship Avenna; was living
at Baltimore them at that time Captain MerrilPs ship
was consigned to nrm; my acquaintance con-
tinued down TO tho time OF his death; l have seen
Mrs. Merrill since Captain Merrill's death; was as
intimate with Captain Merrill as any man could be
with .anotnsr; l became acquainted with George
Merrill; he used to play with my children boarded
with Captain and Mra Merrill when they lrst came
to New York.
Did Mr.. and MRS. Merrill talk TO you about
Georgef
Oh, yes; they thought him most extraordinary
prodigy; Mrs. Merrill always spoke In The highest
terms of his mental and moral character; nothing
could be warmer than their demonstrations about
him: mover knew of any charge until after Captain
Merrill's death.
MARRIAGE ENGAGEMENT.
Mrs. Merrill called my Office, In Wall street, after
Captain Merrls death, which was short time after
Georges engagement TO be married she told me that
a legacy had been left him by his father, and she DO
n harm hoy ehc
herit him; told her that a vory wicked thing to
do and said could talk 70 her about It, and she
was very angry and l spoke to her since;
l told her that was very favOraDly impressed
with the lady that he was about to marry;
all that l knew about her. was what had
hoard from Others; I cannot reooilect what
tho conversation at all; l know that
was very indignant at such a proposition; she
wanted mo give advice as to how she could de-
prive him OF this money; Of course could not DO
anything that kind have been in tho habit OF see-
ing George Merrill up to the time he won't to Europe;
he was habit OF visiting my sons; his character,
as tar as l know, has renamed unchanged down 10
the present time.
Mr. Parsons said he proposed TO put in evidence the
draft OF letter found in the papers handed over to
the care OF the Mr. Rolston), which was in
the handwriting OF Mrs Merrill and which had ref
in 1t to the witness Mr Brown and referred to
the interview which he had testlned.
Mr.. Mcclure objected, and desired 10 have " nrst
proved that 1t was IN the handwriting OF Mrs. Merrill
Mr.. Brown temporarily lett the stand and Mr..
George Merrill occupied u. Ho said that tho letter
tho hand writing of Mrs Merrill, and that was
found among the papers intrused 10 Mr. Rolston.
after Mrs Merrill's DEATH
Ex-Judge Porter read the letter and objected 10 Its
production evidence. Tho ausion IN It did mot
| claim refer to tho witness (Mr. Brown
Mr. George Merrill then crosse xamined by MI.
Mcclure aud in reply to questions snid:-l saw the
papers in the trunks and baggage OF Mrs. MerrilI
| ontt kuO n.
| Stewart Brown there was MIR. Cicero Brown l
don't remember seeing any letters addressed 20 him;
| Mr.. Cicero Brown Is gentleman in Havre; have
heard him spoken OF as captain SO far as know no
was in tho ofice OF an old friend OF my iather At
| Havre. 49,
| and he would read II.
terview described exactly by the wit ness Mr. Brown
| TROUBLEsoME LETTER.
The Surrogatel don't so understand the letter II
may refer to any Mr. Brown the directory oil this
city The evidence hore Is rather too vague 10 sup
| port the testimony OF Mr.. Brown; must exclude It
| on that account.
Mr. Parsons said that II that the ruling Of the
Surrogate 1t would exclude mass Of very important
| testimony that II was intended to OFFER
he Surrogate said that he did intend to do that
| The question raised was one OF adm mlssibity and
| whether the paper referred TO Mr.. Brown, ana If
there was any offence described IN the letter that
offence must be ascertained before It could be criti
MIR Parsons said he would call the attention of the
Surrogate TO the factthat George Merrill was engaged
TO the lady in 1862 shortly after that time he was
| married mis- paper dated October s, 1868 In
this letter the writer says:-"Does MIR. Brown re-
member the unchristan and the ungentlcmanly-'
ExJudge Porter objected TO the reading Of the let
ter thnt way. Great latitude had been allowed
the opening oi the case. ho could not allow letter
etter 10 be read, and lie submitted 10 the Court
that u would involve vast consumption OF time II
letters and scraps of writing found in the eighty
trunks OF Nrs. Merrill were TO be submitted TO such a
reading. That II there we're any parts oi the letter
wnicn bore the matter before the court, then let
them be marked by Mr. Parsons and submitted TO The
Surrogate before they were read
Mr. Parsons sad II was quite evident that his friend,
Judge Porter had been reading the letters and papers
that had bccu tor this case by agreement OF
counsel He would frankly admit that there were pa
pers there tue contents of which were gross that
they should be read II " could be avoided, aud
thew did not intend to read them II they could do
without It. Butn letters nad been written showing
unsoundncss OF min 1t would probably Lo necessary
even 10 produce these letters He did dnot claim that
the etter was ever written TO Mr. Brown TO
him what he did claim was that a letter that
cauld not be written by person OF sound mind But
this letter. viewed III the light OF the testimony given
by Mr. Brown, showed that he was the Mr. Brown re-
| ierrcd TO-
The surrogate asked the stenographer to read that
part OF MIR. Browns testimony, aud IL was done
ANONYMOUS LETTER.
| Mr.. Brown then recalled, und in reply to qucs
tions by Mr.. Parsons said that about year after the
interview to which he had testified hc received an
auony nous letter; he had never Deon able ~ under
stand II before but that now the anonymous letter
was explained.
Ex.Judgc Porter objected and that did not ap
pear Mrs Merrill ever wrote an anonymous leteI
her lie that the letter received was IN Mrs. Mer
| rilI's haEdwriting He submitted that the evidence
was Incompetent and did not establish the letter.
MIR. Parsons said tnat he intended TO show that this
anonymous letter was q copy OF the one produced.
Mr. Brown then said that he had read the lcttel
which mad been offered IN evidence; the anonymous
one he had destroyed.
Ex-Judge Porter objected, after which Mr. Parsons
contin ued the examination OF Mr.. Brown, VINO said
that the words, n cannot give an answer until have
consulted my coachman" ana al will let you know IL
the morning." were In The anonymous letter; tner,
never was such an occurrence as the consuitatioi
with his coacnnan he never heard OF any such
us that except in the anonymous letter referred TO
| the anon ymous letter was IN a disguised handwrit
ing; IL looked ike The handwriting Of al Ignoran
person. long argument followed, In which ex
Judge Porter, Mr. Parsons, MT Jaqncs and Mr. Homel
A. Nelson TOOK part, after which the Surrogate sait
tho Court would take recess and he would thcn give
his decision.
AYTER RRcHss.
After recess the surrogate SAID that In the prcsen
statc OF the proof the letter should be rejected ant
ordered IL TO DO marked as an exhibit for identnca
tion.
Dr. Harris then recalled. He was shown a let