The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-16
THE MERRILL FORTUNE.
More Correspondence About the
Adopted Son.
TESTIMONY OF GENERAL DIX.
Courier Maffei's Seventeen Let
ters Excluded.
TESTIMONY OF GENERAL Or

Tho further hearing In the contested will case OF
Caroline A. Merrill was resumed yesterday before Sur
rogate CALVIN. There o very large audience, and
the counsel OF the proponents ana contestants
all IN attendance The days proceedings were short
ened little and deprived OF the expected interest by
tho decision OF Surrogate Calvin who refused tho ad-
mission OF letters offered for evidence tho close
OF the previous days proceedings, ana which In
cluded seventeen letters written to Mra Merrill
BY her courier, Manei, and also tho fragment
Of q letter written by Mrs Merrill containing,
Il was said, some very lively personal ausiona Tho
direct testimony Of Mr.. George Merrill was CON-
pletsd and Mr.. J. T. Parsons rested the examination
OF bis client ut tho hour There short
cross KAN nation BY Mr. Homer A. Nelson Of this wit
ness Tor tho remainder of the contestants. and then
Mr. Merrill lett the chair He was succeeded by Con.
eral John A. Dix, who testified to his acquaintance
during his residence In Paris with Mr.. and Nra
George Merrill and to the very amiable characters-
tics OF the latter lady Tho last witness tor tho day
was Mr.. Lockman lawyer who identified the sigma
lures Of tho witnesses the will OF 1855 Tho IN
quiry was then adjourned to Tuesday next at eleven.
THE PROCEEDINGS.
Surrogate Calvin, at the opening OF the proceedings
said that since last adjournment he had reached
what he thought safe conclusion In reference TO
the question under discussion to the admlssbiy Of
certain alleged letters As to tho admss5ty OF the
the MaGei letters, quoted NUMBER OF authorities,
and said that upon these decisions the letters would
DO rejected and also for another reason, that the
writing had not been proved to DO Mafers Tho
fragment Of letter In Mrs. Aerrill's handwriting
also rejected
Mr. Parsons put the letter Of Mrs. Merrill referred
to In the Surrogate's decision In evidence as an ex
hib and these with the Mattel letters, were marked
for Identification. He then offered 30 much OF tho
letter OF Mrs Merrils as related to Dr. smith. OF
the Witnesses to the codicil OF the Will
Surrogate CALVIN said that II was not competent
evidence and rejected It Mr.. Parsons then offered
in the same way much OF the letter referred 10
DR.. Cnatard and Father Mecaife.
There was tho Same objection and the Same ruling,
excluding the letter. Mr.. George Merrill resumed his
evidence ana identified letter written August II,
1876 by Mrs Merrill TO Patrick Fleming who witness
underslo0d was a butcher IN New York.
Ex-Judgo Porter objected 10 lis admission on every
ground
written very shortly after the execution oil the codIc
oil the WILL and also because II mad reference 10 Inc
Mafei letters upon which foundation would rest Tor
Inc oter those letters, Ia accordance with
thorities Just quoted by the Surrogate.
ExJuage Porter objected 10 The introduction OF the
letter the ground that evidence Was TO be estab.
lished by the production Of an unsent letter " u
former employs.
Mr. Parsons said that no asked the Court TO remem.
Dor would be shown In the subsequent proceed.
ings that DR.. Smith was writing to Mrs. Merrill con.
tInuay and that Maize, the closest relations Of
intimacy with DIR. Smith. II was also proposed to
show that tho In The letters without
any foundation in TACT and were the offspring OF an
unsound mind.
rho Surrogate said that absence Of any proof
that this letter was sent, was not competent II
there were any evidence 10 show n conspiracy It
should await that proof and then II w0uid be ad.
missble.
Mr Merrill continued his testimony. and said:-I
believe habit Of Mrs. Merrill TO retain drafts
ofietters sent; judge SO. because ! found large
number oil drafts OF letters IN her trunks; the letters
handed to me !. be w''n ~ Aas were
Each vi inc seventeen Manei letters wcro then
offered ahd objected 10, and were excluded, and
marked Tor Identification nv an exhibit.
Witness rcsumed-lt was on the % Of Nay 1857,
lett Now York Tor Havre; l was absent IRON New
hu"na dollars from ISL down to $780, sno
later time was when received So, 900 under tho
legacy Of my fathers Will; never heard OF any impro-
prieIy OF conduct on The part OF Mrs. George
Merrill tiny wife) or any member OF her family Mr..
Lang (her Drotnerl was gentleman OF wealth, who
died IN Juno last visited the family when they
sdod ~ Hempstcad, L. l., ana remained one night;
think alter was engaged; never wrote any
Lang; Miss Lang did not 60 TO see me OIL at the de-
pArluro OF my regiment To the war; some OF her
friends did, me Mss Jones referred 10 was tho sister
OF Mr.. John O. JONES' she died last year, and lett
small complimentary legacy; the letter produced Is
dated May 8, 1868; II was written by my mother; she
tho city Of Now York. at the Aston House, the
ADDRESS ON tho envelope Is Dir. George Merrill, I02
Broaaway, Now York; that direction Is not Ia Mrs.
.Merriil's handwriting The following 10 the letter
MRS. xERRILLs MIND
Mrs Merrill would recommend to George 50 send her at
letter bag up 70 ths bonds and Merrill would 70
hole the six buttons and Mrs Gsr
would suppose: no hardly wish retain II
aid xss% called Mrs Lang. M.
nS.n.. HID never seen ., Mrs. Lang vIia Mrs
w: %
.s 80 re o. and % Ss
had been conspiracy ON the part Of the girls family, and
lang Ss
and me result. wha. the c'eyer iors,sd would
% ~s s only 70,
. dso. NOR no . ~s AMI her s
. Mrs. ~ D"o
come Of &c ..ssoS
tina. MY mother Is dsp'essed with m: because have
the story Of h ss
hear Mrs. Lang %nS Sa. BEEN the ar Does Jo"ss
vol fasehoods or Ia george The liar like his sser
s".s sm, the liar Jones has been used BY him and
THURSDAY. 5.h May.
aEoRaE INTO DISGRACE.
Tho witness then Identified the following lettor rs
In Mrs. Mcrriil's handwriting. 1t was written from
Paris and was dated December 0, 1861
GEoRGx MKRRiLL-whsn Mr. Jones says you are not to
give up me SSGn aS to pay
what have ever done befo:e, What you have told
When that the leather bag was bought by
Mr. Merrill bought by me before mis- death. you know IL
simply another vi your monrous lies bou hit
she bag that you borrowed Of after Mr. Merris
death. You have always kept my KEYS aud had possession
OF everything own-evey particle OF property of papers,
Of wearing apparel OF books &c &C. you
Europe lett your keys with strsnEer but char
suffered by doing, mine. You Judged aud
condemned But AS heretofore my keys are at your
vice before Wednesday next. II there Il
thing OF yours in possession a.togc ignorant
Of the fact. l have never taken the smallest thing OF
yours given TO any person sny.hng belonging yon
You are heartily Welcome to the Keys my trunks for
purpose OF searching them. have been faithful the
discharge OF duty to and during the weeks
Mr.. Mertilps life said To him once 'But no
will always bc Kind me.n Ito would up his mouth
in perfect sccrn at my assertion aud say "Hc wants
nothing O u money" How rightly he iudged
you learned before he had been dead months but
Mr.. Jones asked me to allow you TO reccivc nv
money. 1t contrary to Mr. Mcrrs advice and pom
dercd IL Without telling Mr. Jones what feelings
concluded yield 10 mis- wishes. tod forgive m
for II. aud believing that Mr. Mcrd Judging
you correctly. yicd all our friends to you-not house
nncc do own In common No one can Insult me more
than by calling ~ they acknowledge you Now,
tell you what have told you before ne,or
had PARTICLE OF he