The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-04
MISS MARKS MONEY.
COUNSEL For THE DEFENCE ARGUES THAT THE
OLD MAID WAS NOT UNDULY INFLUENCED BY

COUNSEL For THE Defence ARGUES THAT THE
OLD MAID WAS NOT UNDULY INFLUENCED BY
FATHER BRADLEY.
The Marx will up before Surrogate Cal
vim again yesterday afternoon and the argument
occupied the attention of the Court during the day.
At the conclusion of the speeches the Court took
the papers, and will examine the testimony and the
briefs OF counsel before rendering decision. Mr..
Mathews, on behalf of the proponents began his
address with some remarks about the manner in
which the Court was impressed on Tuesday last
when the was adjourned. but the Surrogate
rather fatty informed counsel that nobody could
tell what his impressions were. Counsel then went
on to say that decedent at all times up
to the date OF her death was in full
possession of all her faculties. The ques-
ton of undue influence which he seemed
to think necessary to argue. OF its existence. he
claimed, there was no proof, The testimony con-
tanned in the diary of the decedent and the letters
written by her are only to be regarded as evidence
OF her condition of mind, but not to be received
upon the question of undue influence A lively con-
test ensued in regard to this testimony. and Mr..
Mathews thought they entitled to have it
stricken out. The Surrogate said it was not true,
for the purposes of the that the decedent
in London or at Rome. or saw Bradley abroad.
or paid part of his expenses 10 this Mr.. Mathews
gave assent, and the Court then said IL he was
Right there was no,hins ,h OF 1ne case G,v Mr
the other hand claimed that the diaries and the let
tors interviewer and explanatory of each other.
The evidence. he claimed was admissible to show
undue iniue Admitting the diaries for all they
were worth Mr.. Mathews claimed that they showed
no evidence OF undue influence. In speaking of Miss
Marks conversion to the Roman Catholic Church
after the conversion of Mr.. Bradley he said she
having been for some years a member OF st. Adams.
had become accustomed to the forms OF Roman
Catholic worship. nd'fnaly wanted the substance.
and she sought aud found IL. She was an
Old woman and adopted this fair haired
boy bradley as her son; but she never
looked up to him aud never relied upon him.
That she had an affection for him counsel did not
propose to deny. but he never sought to have any
| influence over her to induce her to leave him her
property. There was no evidence that she made
| confession to Bradley After absence of nearly
SIX years she returned to this country to contest her
sister WILL and subsequently, called upon DR.. Nc
/ Glynn to ask him to become her executor. There is
the content. of This will. He did not know
| Mr. Bradley's address.
In reply MIR. Elbridge Gerry said there was one
thing ne desired to have straighte out and that
was the champagne supper. He claimed that Mr..
Bradleys letter telling of his ordination a priest
shows conclusively that he meant to the Church
OF Rome merely rs means of obtaining control of
I this woman and finally OF securing her fortune The
supper was the natural rejoicing of the man at the
success OF the scheme. lie had carried the woman
from st. Alban s FIRST to oratory and then 10 an
orphanage that he might obtain some Influence over
her before taking her INTO the Church oh.{ople He
claimed that DR.. McGlynn in writing Il !. rs to
Sister Xavier was transcending his fu' '1',ee.s a
priest, and ass umed that IL could have been ex-
planned he would have been put upon the stand to
| explain IL. Counsel said the undue influence was
] spiritual undue influence. No person had legal
right 10 disenherit her kin In favor of priest or
tho Church.