New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-18
THE STEWART PARTITION SUIT

POsTPoSEMRNT OF A HEARING on The MOTION FOR
SUBSTITUTION OF ATTORNEYS
The partition suit against the estate Of
the late Alexander Stewart was before Judge Law
renee Yesterday order issued by Judge Donohuc
last week for s. F. Kneeland TO show why Ira
shafer should be substituted for him attorney for
Alexander Stewart. who has been represented clam
ing TO De cousin Of the millionaire. The previous pro-
ceedings and the papers in this have been pub
lisbed at length in The TRIBUNE II ia asserted by Alex
ander Stewart that he employed nor authorized
the employment OF Kneeland his attorney, and he
asks Mr. shafor shall represent him in further pro-
ccedings.
Mr. Knoeland asked for adjournment the grounds
presented in the following affidavit;
S. +. Rneeapd being duly sworn says ! am attor.
S Ss I'M and Several OF deendant claimants herein
nearly before the OF tnls action
70 take such steps TO secure theT rights ana interests as
/ should deem advisable; withheld the commence.
meut the proceedings until had secured sufficient
leaving valid will entire action In this matter has
been taken in perfect good faith, without desire
that Of asserting and securing the rights Of the
legitimate helrs-at-law Of said A. 7. stewart.
did endeavOr 20 compromise the case, at the earnest
sufferers Tor lack Of the necessares life Believing as
do that their rights legitimate, and knowing
entrenched would be long, prOt acted ana wearsOme TO
the claimants, advised aud urged II, and willing
The papers this motion were not seryedupon me
in the afternoon OF the llth instant. Since then
my has been almost constantly occupied I'm general
professional business and have not had time TO pre-
pare for the argument OF this notion large number
OF adavits required 10 DO taken IN another State,
and It will require least week longer to fully
''''' 'D' '''''''''' '''''' N' ~ S F. KSEELAxD
He also read an affidavit by Clark II. Chapman, an
attorney OF Cdvendsh VT who alleges that he
thorized and often requested by Alexander Stewart
claiming 10 be cousin Of the late Alexander T. Stew
art to direct T. Knocland TO take steps procure
him his share OF tho property that he to Mr..
Kneeand stating the claim aud the evidence support
ing that Kneeand sent him the petition aud the al-
davit OF Ann Jane Bailey that Alexander Stewart ex-
pressed qualification, and showed the papers to his
neighbOrs that he had been paid retainer by Alex
ander Stewart but had claimed to be attorney
of record Mr.. Kneeland said he could bring hundreds
of such afidavs. would like ten days" he said, "tO
this wonderful move the part OF the Stew
art attorneys Ira Shafer has been sitting there all the
morning under the very shadow or at least Overshadow-
ing the attorneys for the defendants In THIS ease Mr.
Rice the attorney for Mrs Stewart and Davies Work.
McNamee Hilton, attorneys for the Other parties"
Mr.. shafer-" don't know Mr.. Rice II he Is In this
| room don't know HIM never knew him sat by
| the side OF Judge HlltOns "a few mOments'
| He continued: This young man" pointing %
| Mr. Kneeand ." Is charged IN conjunction with
| Clark IL. Chapman, OF Vermont, with oonspiring
| falsely and fraudulenty 20 bring and maintain
this action and by the employment of deceit and fraud
and perjury 10 ehdeavor TO extort money from Mrs.
Stewart Mr. Hilton and Others He Is further charged by
these papers with subOmatOn OF perjury beyond all
| question. have no doubt that the day Will
when he will have to regret that he inst-
tuted this gigantic litigation, tying up millions and mil
lions OF real estate at the suit OF from whom he
had no authority. have doubt Il will involve his
| dtsbarment and conviction OF crime"
Mr.. Kueeland denied that he was charged with sub
OrnatOn OF PERJURY but Mr. Shafer adhered 70 his state
ment After some discussion the matter was adjourned
| for week