New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-20
TWO WILL CONTESTS.
Mr.. sTRAHAN's RIGHT TO PRACTISE LAW.
MR. TOWNSEND ATTEMPTS TO SHOW THAT HE WAS
NOT PROPERLY ADMITTED TO THE BAR

Rollins to compel John H. strai the attorney for
the proponents OF the WILL TO deliver into the custody OF
the Court paper dated April TO- 1879 Tor the purpose
OF having photograph OF taken 20 be used in
ton with the signature of the will offered probate
John d. Townsend in support OF the motion read an a
1dayit by George Simpson, an expert IN handwrinng
who declares that his opinion the signature 10 the
paper called In the from which the signature to
the will was copied and that this fact will become appa-
rent by charging the signature by phoographing 1t.
Mr. Cardozo as counsel for the proponents opposed
the motion on the ground that the paper, hay
ing been marked for identification merely
and not offered in evidence in the case,
belonged to Mr.. strahan and could not be taken
out Of his possession. He might never offer the paper
and in that case the counsel the other side
had no right to It for any purpose Mr. Townsend re-
piled that paper which would show that the will was
forgery could not be suppressed by the attorney who
was offering the will for probate. Surrogate Rollins
said that Mr. TOwnsends application was premature.
However Mr.. CardOzO had crossexamined witnesses In
reference to the paper question, which never wonld
have been permitted except for his Cardozos) assertion
that the paper would be aferward offered in evidence
II the paper was not offered in evidence, he would
terrain Mr. Townsend's motion Mr. Card0z0 then said
that intended to offer the paper in evidence and had
never intended otherwise.
The cross-examnation OF Mr.. Ellworth, expert in
handwriting, was then taken up by Mr. Cardozo When
Mr. Cardozo had finished Mr. Townsend called for the
WHO testified that signature it appeared to be the
original which the signature to the will was copied
Mr. Townsend offered the signature in evidence, for the
purpose he said OF establishing basis for his appca
ton TO have ii photographed letter written by MI
Yates 10 his brother was next read; in il Mr.. Yate
said "My past life had been most miserable and my
John H. Strahan who drew Mr. Yates's will and Is
named in ii as executor was next called for further
xamnation on the part OF the contestants.
Q.-When were you admitted To the bar 7 Al don't
remember. IL IL matter OF record.
Q.-About when were you admitted Al think
Q-You stated before st You arrived in this country
School of the University Of the City OF NewYork A
Q-Under what name 7 Any name.
Q.-Was Elihu Root in yonr class Ayes .
Odd you know any otGer person In the schooi oy
Mr. townsend here stated that the record OF the Uni
versty showed that James strahan attended the Law
catalogue for 1868 in winch James Strahans name ap
pears Mr. Srahan said lie had never seen the catalogue
came in IT, in the University record for this he
did not hold himself responsible.
Odd you take degree at the University A-fes
Q-wbat degree A-The usual degree | don't
know what il was never read IT..
Mr. Townsend then offered in evidence certificate by
the County Clerk to the effect That the appca ion ana
papers used the admission of john H. stranan to the
found Mr. CardOzO objected to the admission OF the
certificate. Mr. Townsend said I" propose to show
land of falsehood, fraud and wIlfu imposition on his
client, the same person az the witness, John H.
the same practices by making pretence to his clients
that he member of the bar, when In fact he was
not" Surrogate Rollins excluded the evidence.
Mr.. Townsend then offered in evidence the minutes OF
the General Term OF the supreme Court in egard to he
that John II. Strahan was admitted on June
SG on ms bs Ga as also a5eeeS TO TO and
rejected Mr. Townsend next offered certified copy OF
the record, showing that John II: strahan filed his
original declaration OF intention to become citizen Of
United states ON April A. 1867, about one month be-
fore he was admitted to the bar and also that he
moi naturalized American citizen until December
g. 1872. He called the attention OF the Court to the
Constitution OF NewYOrk of 1916 which declares that
no one except q citizen shall be admitted 10 the bar
Surrogate Rollins also excluded this evidence. Mr.
Townsend said he considered that when he tired case
he was entitled member of the bar opposed to
him. and that the evidence that Mr. strahan was nor
in this he should have to carry his complaint
elsewhere.
MISS BURR'S SERVANT ON THE STAND.
The cross-examination OF James McCabe,
the man servant of the late Sarah Burr continued
yesterday before Surrogate Rollins in the contest over
Miss Burr's will. Mr. Parsons showed McCabe orders
for money on Mr.. Titus, signed by Miss
Burr, ON which McCabe had drawn the
money. The witness identified them He said
he went to draw for Miss Burr $500 frequently as
once a month He entered Miss Burr's service in May
1878. and after that always drew all the money which
she used. He went TO Mr Tituss Office with an or
der for $780, but for received only 5000
Miss Burr counted the money and asked him how it
n"' "O wv" 49, "''
know, ana she SAID she WOMB speak
to Mr. Pe.etier. Mr.. Titus's clerk,
ohor4 >. uo once bcard n conversation
' ", -, -, IT,, l., Ill a.. ,o,,.
between MISS Burr ana Mr lltus Ill WHICH tne alIeI
told her that rents were down. Miss Burr said that
was very hard and asked him if they would up
again. Mr.. Titus said he thought rents would never
again be what they had been The witness did not know
whether Miss Burr pleased or displeased at this
prospect In regard 10 the rehs' lie hau often neaiu
Titus speak with Miss Burr in regard to her real
property her mortgages her United States and other