The New York herald., 1879-10-31
Opening the Defence for Father Brad
ley and Dir. McGlynn.
ACCUSATIONS OF GERRYNANDERING.
LAWYER Mitchell Offends His Opponent
and then Apologies.
1.-THE FACTS AND THE LAW" !"


before Surrogate Calvin. The peculiar crcum-
stances surrounding the have attracted great
deal of attention throughout the city, and a largo
crowd was present to witness the proceedings. The
contestant, with three other ladies. all dressed IN
mourning, occupied tho right of the court
while Father Bradley. accompanied by Father Rar-
don of st. Barnabas Church and another priest. sat
the left. Before each party sat their respective
counsel, Mr.. Elbridge L. Gerry for tho contestant
and Messrs. Edward Mitchell and Charles Matthews
for the defence The day devoted to the reply
for Father Bradley by Mr.. MITCHELL both as to the
facts and the points Of law in the case
Mr.. Matthews stated on the opening of the court
he did intend to concede that the statements
in the diaries proofs Of the facts to which they
related. Mr.. Gerry said that from published ill.,
terview with DIR. McGlynn he that that gentle
man entirely misunderstood him. He did not claim
that Dr. McGlynn was willing party to the "undue
influence, but that he was in substance the dupe
of Bradley. the same as deceased was. His idea was
that Bradley imposed on Father McGlynn. NOT for
the purpose OF benefting the Church. but for the
purpose OF getting an instrument that would benefit
him personally.
PRESS COMMENTS CONDEMNED.
The Surrogate-It pretty difficult to see how IN
intelligent clergym man like DIR. McGlynn can have
had any agency in procuring this will without the
knowledge of what he was doing and that he was
doing in violation of the involved rights of parties
III this case. hardly conceive it possible that
DR.. McGlynn was party to this unduly influenced
will unless he inteliigently so. In respect to
comments of public journals have noticed some
times little delicacy on the part of counsel to
what the newspapers might say OF them. If have
striven do anything in the administration of JUS
tice since came to the Bench it has been to do it
without recognizing the fact that there pub
lie journal published in this country. think it
is the most pernjcous practice that can bo adopted
by any public journal to comment upon the merits
Of case before it has been decided by the Court.
ana think that law should be passed making
such action contempt Of Court. punishable by
fine and imprisonment.
Mr.. Matthews-Your Honor, without hearing any
part of the argument having read any Of tho
testimony, has stated that this was unduly pro-
cured will I do not suppose Your Honor means
to be bound by that statement.
The surrogate-Oh no; I have stated the pre-
sumption on the other side
Mr. Matthews-we shall take issue entirely to
whether there was any undue influence In the case.
NOT PRIEST AND PENITENT.
Mr. Mitchell in continuing his argument. referred
to the statement by contestants counsel that de-
cedent's own diaries and letters showed that DIR.
McGlynn and Father Bradley her spiritual ad-
dence. Mr.. Bradley had become godfather to Miss
Marx yet it was contended that he became y priest
in order that hc might exert his influence her
without marrying her. But according to the rules
of the Church Of Rome godfather could not marry
goddaugher. and 1t was not necessary for him to
become o priest to render that impossible. The
benediction that Mr. Gerry had been citing
as given in private was the ordinary public
evening service called vespcrs. Decedent. Mr..
Mitchell contended. had all along been her own
mistress, and was in all respects entirely free
agent There not only no inference to be drawn
that she under the influence of Mr. Bradley. but
that she did what she pleased and wrote to him not
as peniten. writing to priest, but in the relation
ship she herself adopted signing herself 'your
.soHl MY PROPHETIC SOUL"
Mr.. Mitchell next read a letter, dated Liverpool,
March 20, 1875 relating to Mary Carolne's will, in
which the following passage occurred:-
Document called ,hs Will Of Miss Emma Julia Marx
cruel wicked slanderously worded paper You know in
SSar S%Sanias nss e the SSs$y signing
years OF ago shsmo-shame ali concerned in the
drawing of Tor my dear dying sister to sign
Tor she must have hated me to Gu. me OF without
divine div Pray what religion do people prsei'eo who
,s II 81 rs% tho
inc for moment il had died instead Of Emma aud will
Church OH what an outery you would have made
against tho priests saying they had used their influence
gam e. ans %s % my "0"'
This, Mr. Mitchell contended, showed that at that
time, after Mr. Bradley had been acquainted with
her nine years, she had never mado will. She in
tended to make some provision for Mr. Bradley. but
expected to entirely her sisters honor
carry out her wishes The letter itself showed that
she intended to trust longer to her sister, but to
make some provision for this adopted nephew of
hers Her mind not changed in regard to tho
provision for Mr.. Bradley. but rs to the manner in
which she should make that provision. All
cooperation between DIR. McGlynn and Mr..
Bradley were the words in her letters, "Dr.
AS TO the point that havNDa the sexton Of church
to witness her will was evidence of conspiracy,
Mr. Mitchell said that it could be paraleled by the
fact that the will OF her sister Emma witnessed
by Collins, the sexton of st. Albans. Ii sho had died
with her will in Liverpool as the only one there
might have been some ground for the presumption
OF undue influence; but in OF her letters she
says distinctly, 1.-The will which drawn up in
Liverpool is not of any use 1t had better be de-
sroyed Tor the ono here is different in other re.
spects." Tho will propounded executed May
%. 1873, bradley being then three thousand miles
away.
PRIEST AND pESITESr"
Mr.. Gerry said that the relations Of priest and
pcnitent would subsist without rcferrng to the
question of distance He claimed that the influence
exercised between the priest and pcnitent i'll the
Roman Catholic Church is greater than tnat
cscd in the Protestant churches by ministers
their congrcg atons
The Surrogate said TT am inclined to the opin-
ion that that is SO; that the clergy of the Roman
Catholic Church have more influence than those Of
other denominations. At the same time have
doubt that person like the deccdent would become
more warmly attached to the person by whom she
would have been inductcd into tho Church, and 1t
would have cndeared him moro to her. think
should dissent from the somewhat distinguished
clergyman over In Brooklyn. who thought he could
draw inspiration from the slums of New York.
think that association has something to do with
ones opinions"
Mr. Mitchell next read several letters In full which
were only quoted by Mr.. Gerry in part. and e1-
planned away the infercnces drawn from them. Ho
argued to show that Mr.. Bradley did not influence
the decedent after she left Liverpool any moro than
he had before. He said that her sisters family had
objection to the way in which sho spcnt her
time. only to the way in which she spent her money.
In OF her letters she said of Father Bradley.
''The day will yet come whom his name will be cell
ebrated." She probably did not expect such
celebrity as he experiences to-day In the newspapers
She did not want to give him her money before
DEATH intending to keep control Of every cent OF 1t
up to her last day.
Mr.. Mitchell then took up the statement Of facts"