New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-09
me COURIS.
Mr.. STOKES'S MENTAL CONDITION.
Another hearing was had Yesterday befo

Another hearing was had yesterday before
Surrogate Rollins IN the contest the cOdic b.
viii ol the late James stokes Tie codic contested
by Mrs Dale, daughter II the esa,Or, Who under tho
will WAS to receive an equal share her fathers estaie
but VINO under the cod.cl takes only re interest in
such share The ground the contest Is thar Mr. stokes
was OF unsound mind and subject 10 undue influence at
the time he modified his will to the Pr ldcc Of Mrs.
Dale Mrs Dale is represented By ex-Judsc Constock
and Francis y Baugs; the principal counsel ior tho
PROPONENTS is william NJ. Eyarts. The first witness
called yesterday was Henry stokes younger brother
Of James Stokes, who said he mad not boon very iAt
mate socially with bis brother, and Only saw HIM Oo
casOnay al his james StOkes'sl house Untu tlgee
years before lis dea.h his brother had been
q man OF quick movement aud bright cOuhteiaAce-
The witness noticed change in him for about three
years before his Between 1879 AID the death u
Mr. stokess vie the witness saw his brother on an
average every two o. three months They usually met
In the street. and merely exchanged the ordinary cour
tesics During this period he noticed change In lis
brother which grew more marked toward the end The
change was noticeable in Nj ,tokcss movements IN lis
step and carriage lac I'D not step regularly and DID nos
airy himself so erect The witness arrived At
the conclusion that Mr.. stokess mind
feeble and going very fast. After Mrs soAoss death
the witness only his brother tWce-Once on tie day
before tie funeral and about May % ON the lat
ter occasion be his brother at tue attes house.
There we're present Mr. stokess son William and ,wo
ter dd not seem disposed to talk and the witness did nos
rcss lin 70 Mr. stokes uorlt.1ed IN speaAin.
and did not finish his ION helped our
~. son would "Fa ryOu remember So ana 80, ana
MIR stakes would reply, " Yes, yes. Inc conversation
directly with Mr. stokes lasted only moment, bal the
Vst lasted about hour Mr. stokes seemed weak AID
Feeble: he walked across the room once and MS sss
- f..be From my general intercourse with .nY
hrnthr" said the witness, thought lie was iaihng IN
y,nr and strength Of mind and body. 10" days A~F
tli- visit ct0k s. con william callyd on tic witness
~ r,earI to IA matter Of business. Tue witness had PIE
yoniy written about to his brother but Lad received
william seem to be concerned in rec arI 10 rs
fathers ply slcai aud mental condition
The question was excluded
q Did not william communicate 10 You his opinion
a. 10 his fathers condition
mi. question WAS also excluded.
When witness called on his brother on May - 40
intended TO spoak 10 hiin on matter o business ie
M NOT do So because his brother conduct was such tDss
he did not think MIN competent TO attend To business "a
crossc animation the witness SAID he had nOt uoISou
ANYTHING unusual III his brothers conduct on tlr uay
aiter his wifes death In regard To the dmouliy ia ns
brothers speech he hdd always altlDu'eu IL " VA" NV
tag false teeth. .,,-..,
rnext witness was Clinton Gilbert who said he bad
known Sir. Stokes since ISIS His plalOns Win uli
ha been exclusively OF social character lie lhaiI.o
Mr. StOkr,'s sister. On several occasions tncy mcAl
hunting together. lie noticed change Ia ht StoAos
IA tue early summer OF lc.9 Mr. ctvA,a W -
10 b, very much broken. He judged Hom NJ 'tVh %
ina y To ak vi hOut cane aud from the cnaugt ~
h = counienance that his mind was weakened tpeio
va "A wnnt ot oNpreSslOn In Mr.. otokeas Lice %u 20
- ,nsh la walk without any particular purpose NJ.
Gilbert said ne Mr. stokes IN the spring OF 10 ~
Madison square. lie went up TO nr', o'" Nr
spes rrplird: We are all going 10 the pooi-house,
md tnrned Oh his heel and walked away re gave e'
ans yer to the Witnesses salui4auoh Ol w" - ha
s,on Mr. stokes always seemed AT Ihc7v l"'
o., ,lug Ia talk aud Away left the witness aDiuP2'
Mir Gilbert said that he Wa SO iihpr'se'u, WIZ 10
StoArs manner that he aiterwarl tufhed Asile MhO 20
49,, n. yv,s about 10 meet him. On cross-rN nnia
ZION Mr. GiDert said that he ana h9t Soni ,,t it
stoss con,luel rude, account Vi As eoHd''on- -