New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-04-14

THE CARDINAL AS a WITNESS.

TESTIMONY ABOUT MRS. MERRILL CONVERSATIONS
WITH HIM-QUEsTIoNs PROM THE SURROGATE
The fact that Cardinal McCloskey, who is
the resduary legatee under the will OF Caroline A. Mer
ril was to be witness in the Merrill Will case yesterday
carefully concealed in order to avoid the crowd ana
excitement that would have filed the surrogates CHAM
bers II the circumstance had been known. The Cardinal
came into the room after the had been In progress
half an hour, and ofterward was called to the
stand by exJndge Porter witness for the proponents
Although he said that he had never before been on tho
witness stand he made what the lawyers call agoou
Witness" and needed much less than the usual prompt
ing by the counsel Court Omtting the questions put
to him. lie testified substantially as follows:
am the Cardinal Archbishop OF Ncw-York. was
formerly Bishop OF Albany came to NewYOrk in 1884
succeeded Archbishop HuRhes and have since that time
resided In New-York. knew Mrs. Caroline A. Merrill
saw her first when she came to my house in Madison
ave- in the Summer Of 1869.
The Cardinal was about testify TO what occurred at
this tme but met by an objection from Mr. Parsons
that the testimony TO personal communications ana
transactions between the Cardinal and Mrs. Merrill was
not competent as he raIy In interest under the
will Judge Porter said that they did not intend TO IN
troduce any evidence of conversations that touched In
any way upon property wills, but he oered TO prove
what occurred the way social intercourse, and That
the interviews related to matters except those OF
religious character The Surrogate sustained the obeo
ton. The Cardinal continued:
The first interview lasted half an hour the second oc
Cured tw days aferward the third more than year
later and the next year later STILL She had then
been TO Europe and had just returned. We were not to-
gcther than two minutes next met her, ana TOT
the last time at the American College IN ROne where
was temporarily residing She had written to know
when would arrive In Rene in order that she might
come down and see me.
knew Bishop Bacon well VIC were young students
together. OBLIGATED at his funeral After hiS death
received from his secretary box containing papers
and effects Of an Episcopal character He had requested
that his secretary should send them TO and he had
said 10 me while we were tho sea together that he
had left such box, and that waR to consider II mine
In the box was letter from Mrs Merrill tome, incOsed
in a similar letter from Mrs. Merrill to Bishop Bacon
The envelope in which they were enclosed was Endorsed
In the handwriting Of Bishop Bacon.
Judge Porter read the two letters, the purport nHd
the language Of the two being almost Identical Tie
first road rs follows:
FIFTH AVENUE HOTEL, February, 1871.
Ri1ht RCp, d, W. BACON.
RiGHT REV AND DEAR BISHOP: beg the favor of the
most Rev Archbishop McClo-kry az NV death to order
and IL is my wish be placed In It after tue Holy Mass
of the Roman Catholic Church has boon said over my
remains In Of the CathOnc churches selected by his
Grace the Archbishop ] wish funeral show, no
words spoken over my cofin but ,he solenh Mnts OF
not more t9an tree canGs 10 i92T INC 9eGe 10
Greenwood also ask tns Most lW 1 g., a,eHnsup IiP
When my Will has bceu (admitcdi recorded, aud my
pyeCutUFa money
my tho undertaken his bill and all the exp nses attend
ng my funeral ut the Catholic church, they are not
moulded in the undertakcr's hill.
uray my good executors send soOn ne they con-
venicnfly can after my viii has been admitted TO- "pio
ns a grateful acknO wedement Of his kindness hnd At
''"''N W 'D'' CARoLISE A. MERRILL.
The Cardinal further testified present ut The
funeral OF Mrs Merrill The remains were not presents
they were forbidden be taken by tho relatives of Mrs
Merrill received three letters from Mrs Merrill all
OF them of an informal character. Frequently re-
ceived gifts from her. 6ho generally gave me check
for 5000 each year the education Of eccesasiics in
the seminary Once she gave mo $1,000 telling mo II
gave any portion OF to any orc else 99t 6 10 use hGr
1000 to the Bishop OF Maine. never before saw the
Will or the COdcll now prOpOunded for probate J tnw
the informal cOdc bearing Date January ID, 1879, 20
Rome, when Mrs. Merrill came TO seo me about 1t. IL
Under the crcss.exanlnaOn Of Mr. Persons the Car
dmnl tC staed know DR. d. Barnard Smith btcame
College al Rome. knew DR.. Chatard when he was
boy at Baltimore. Isaw bin In 1870 at Rome. wien the
Council WAS there, and two or three times nferward.
never until today saw any paper OF !es,"men'"ry
under the tLe OF "MOnitd Jcsu about Which therc has
been considerable testimony The CurdlGal said that II
was written by Jesuit who had left the order aud the
Churcn and wrote severe articles against theln These
be 80 and proved TO be and again since"
The book not used by tue clergymcn Of the Church
Thc suirogae-I wish to AJAX the Cardinal one or two
questions. Is there any organization connected with
OF with the properly Of OF advanced
wears and large fortunes IN lersuadng them
Der the institutions Of The Roman Catholic Church in tie
testamentary disposition OF their property
Cardinal-Most assuredy there Is gueh OrRani-
zatlOn In the Catholic Church.
The SurrOgate-Will you state whether inch transac-
TONS II known by the authorities OF the Church. up
proved
demncd
AS sUOn as the Cardinal had left tho the large
group OF persons that had gradually collected In the
Courtroom to hear him dispersed.
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u1yES Am MINERS IN THE UEyr