New-York tribune., 1878-10-03


F. Kneelsnd, in the Stewart PARTITION suit, several
new afidayits were introduced yesterday. One
of these was from Alexander Stewart,
and denied that he had authorized MIR.
Kneeland TO act for him, or that be was
under any restraint in this city. Afdayits and ar
guments in denial of the charge of conspiracy were
also brought in. One of the incidents of the Van
derbilt will case yesterday the Surrogae's use
of some very pointed language to Mr.. Clinton.
There was much argument concerning the Spiritual
istic issue in the case.
MORE AFFIDAVITs IN The STEWART CASE.
ALEXANDER STEWARDS OPINION OF THE COURSE
or MIR. KNERLAND -lAEGUMENTs on BOTH
SIDES
The argument in the suit of Alexander
Stewart and others against Mrs COrnelia NJ Stewart,
Henry Hilton and Others TO remove S. r. Kneeland,
who appears attorney for Alexander Stewart, ana
substitute Ira shafer, In part argued yesterday
before Judge Westbrook in Supreme Court, Chambers
similar application is made ny A. W. Tenney in Brook
lyn on behalf Of Anne Jane ley another plaintiff IN
the suit which to be heard the papers used yester
day and on papers peculiar to her own case.
opening the motion Mr.. shafer admitted that this
was not merely motion 70 remove one attorney and
substitute another but broader in its purposes II
was based on the idea that Alexander Stewart
present in court had authorized the Of his
name bot it had been used the papers would show,
In pursuance OF conspiracy between Clark H. Chapman
and s. F. Kuee,and to extort money from Mrs Stewart
ana Judge Hilton and the other defendants. The evil
dence Of this had threefOd aspectthe record made by
Kneeland himself in this suit the record pade by the
letters which Chapman surrendered, and the oral evil
dence.
The nominal plaintiff Mr. shafer said. Alexander
Stewart. an old of seyenty-tbree. He came from
Ireland when he twenty-five years old lived in
Canada for twenty-five years. and tOenoefoIth was
resident of PrOctorsyille, Vermont Mr.. Shafer then
reviewed the afidavits already published in tho
case. The genealogy set out in the complaint
as Alexander Stewards story entirely set
aside by the statements Of Alexander Stewart himself
He dd undoubtedly claim to be a cousin OF the great
millionaire ana believed himself 60 he sO but repeled
the idea that A. T. Stewart had not both the right and
the power to dispose Of his property by viii. The
Kneeand complaint asserted that A T. stewart died in
testate when It was fully known that he left Will
which bad been admitted to probate.
Mr. shafer commented at length the action Of Knee
land In going TO Pryce Lewis the de ectve and Offering
70 give Lewis per II be could procure compro-
mise OF the emit He said this offer, not only to
compromise the one-twentysixh Of estate worth at
least OOO that of all the other claimants for
100000 less 10 per cent He charged directly that
Kneeand by proceeding had fallen to the level Of
the blaekmailer
ALEXANDER STEWARDS NEW AFFIDAVIT.
An additional affidavit Of Alexander Stewart, and o
large number afidavits TO support MIR. Stewards
character for honesty and to sustain his statements
In some points. then read by Mr.. Shater
Alexander Stewart denies positively the receipt OF any
letter In $40 from Kueeand or that he took such let
ter 20 Mr Chapman lie says he could not read, he
won'd have carried letter II he bad received it,
to his wife or daughter TO read. He denies that he
showed the complaint is this suit TO many
Of his neighbors and gives minute account Of what he
did do wthit the day 1t in his possession
He desired consult Ryand Fletcher, but was pre-
bis attention has been called To statomenis tna ne Is
deprived OF his liberty, and Ia answer says;
This is Every one who knows me will
agree with my statement that have always been my
own master, and stubbOrply am old and my eve
sight is bad. and never having been in NewYork
texcept pass through 1t on my way 10 the war,
during the rebellion, IS Union solder), should
be utterly lost here-unable to move about
from place to place cOuveniently-withOut aid.
Henos have been in the company Of Mr.. Lewis and
others, since my arrival here. My movements have
not been in the restrained. do as choose, and
mean to-"
In answer TO a charge that he is dssipated man. he
says that during his residence here, he has only drank
three glasses Of ale and glass of wine. He no
one has directly OF indirectly promised HIM anything
for his present course-Or doing what have done and
doing, and don't expect any reward whatever for
doing my simple duty have always been known as
hard working honest upright man and defy the whole
world 1nd man who can truthfuly say 70 the con
trary, and think OF my character for honesty
aud good name than do OF the mil Ons OF dollars
left by Mr.. Stewart am old man. and can live but
SHORT time and 1 will not dc, do what | .6% believe eve
bad men they have used my name for Dad purposes
Bringing them TO Justice and no one knows this better
than Chapman aud Kneeland. +'' make DO boast OF
Ing that IRON my childhood until this time have
been ashamed OF the fact that am scoeh-irish Pres
byteriaD."
The other aHldavlts on this side almost entirely
eonhrmatory OF this affidavit or contradictory Of what
Mr. Kneeand IN his statements OF what occurred al
the Metropolitan Hotel
DENYING THK CHARGE OF CONSPIRACY.
L. f. Chittenden. in opposition, clared that this was
an attack on the character OF man who, older than
himself OF his Honor had borne most reput
able character and received high hoDors In his
own State, Q he had personally known,
.na with whom he had sat In legislative
haus II was strange that with al their ability
detectives the Stewart estate had not got up prna
aee case he was mot mo- now cS sSs Vas 20 IN lint op@ or
not He simply proposed to neet TINS question OF con
sPtorney. that could have been done by mere motion
and reference 20 ascertain Mr; kneelands proper
morton was without precedent authority. He might
resi- on that. But the other side had had their
ey preferred 10 discuss the question on the broader
r and 20 meet this charge OF conspiracy, the best
way was TO give history OF the case.
viii sHd its probate stating his belief that against any
ber it could not stand; the contest Oh tne VIII by MIR
merely tnat the probate or the will could not be
stscAeS; ds dbculty to an heir-ataw Of Mr Stewart
Mr. Kpeeland had meanwhile been employed by the
dsn he' s .aN in newspaper June = 1876 what par
ted 10 DO from Alexander Stewart to Judge
letter. Stewart showed 10 MI Chapman aud this was the
nrst sep toward making Blr. Stewart party
Mr. c6apman. the other by Mr. Kneeland, were
nled aud referred TO- Mr. Chapman gives a
snder stewart wIieh began m IN ISL but ma, mas
n "a weas-mnded man. passionate and unreasonable
when under Tue influence Of liquor, OF el0uded and
uncertain memOIy, bat industrious. and when sober
well