New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-10
THE COURTS.
THE cODICIL TO Mr.. STOREYS WILL.
TESTIMONY OF THE CONTESTANT. MRS. DALE. RI.

THE CODICIL TO Mr.. STOKESS WILL.
TESTIMONY OF TIE CONTESTANT MRS. DALE, BE-
FORE THE SURROGATE.
The examination of witnesses in the ron.
test over the cOdic to the win Of late James Stoke.
was continued yesterday before Surrogate Rollins
william T. st. Johns the cashier OF the Mercantile Ma
tional BANK said that he bad known Mr Stokes sn,s
1868. The witness was for about year in tho
employ OF the firm Of Phelps, Dodge Co.
lie saw Mr.. stokes during this period almost
daily but he was unable to tell how active part Mr.
Stokes took in the business. lie also frequent
visitor at Mr. Stokes's house. When ne first knew Mr.
Stokes, the latter IN good health Mr. Stokes was
man OF active habits and had bright intelligent ooun-
tenance. There nothing peculiar In his speech lie
impressed the witness as being culary courteous
young men. Mr. St. Johns noticed change in Mr..
Stokes for about two years before his death
time when the witness first noticed change in Nj Stokes
and Mrs stokes's death, he could remember nothing
In particular about MT Stokes beyond the that no
was In failing health. There a slowness noticeable
in all of Mr. StOkes's movements. There a time
when the witness thought Mr. stokes would not live
long. Mr. 81. Johns met Mr. Stokes ia Madison Square
about three four months before the latter's DEATH
Mr.. Stokes was walking with his William. He
walked very slowly and had his sons arm. Mr. st.
Johns came up from behind, and when he TO
Mr Stokes the latter let go his sons and Mr. Sc.
Johns walked in between them Mr.. St.
not not inclined TO talk did not treat me as
usual" the witness said 81 thought Mr. Stokes knew
me, but that was about all Mr stokes seemed to DO
looking at something, perhaps vacancy. noticed his
mouth IL had expression which had noticed in my
father IL had weak expression, indicating lack Of
strength" Mr. St. Johns said that, in Wow Of his entire
acquaintance with Mr. stokes, he had formed the i'm.
preston that Mr. Stokes was both in body and mind
a who was about done with Hfe." On
cross elimination MI 81 johns sad be had not noticed
latters house The only CIRCUMSTANCE IN regard Mr.
stokes which had made strong impression his nlnd
Q-What did you soy To Mr.. stokes az that meetngi
A-G00d morning or now do you do.
Q.--Wh3t did Mr.. stokes say yOui Any idea In
that ne said so Little thatit surprised me.
Q.-What was the little that Mr. stokes saidi Al
was more muttering than anything else
Mt 81 John SAID ne thought a. the time OF this
ing tnat hr stokes dld not kno" hun or else he would
The next witness was Mrs Dora stokes Dale the con-
tesant OF the cOdich Mrs Dale that when she gas
1rst married she lived at her fathers house about
year
Q.-Have you had under your observation the method
manner and tone OF between your brothers
and your husband A-Yes
.Q-Haye you noticed anything unfriendly the part
OF your DrotheTS In regard to your hGsbandl AYes,
airs Dale then mentioned several different occasions
on %1ca some OF ner brothers had spoken to her faaer
being able very precisely to fix the date or any particular
occasion The first time any thing OF the sort happened
was about III time OF her engagement. She said her
brothers James and William had frequently spoken
In an unfnendly manner OF Mr. Dale. They had
lett her fathers house, LIE her al.uoss
daily and she visited aim daily, taking early dinners
1872 leaving three children she had heard the treat
,nent OF the children by Mr. sade made the subject Of
Mrs Dale SAID she had seen her father during the ast
T Tal ST eve SeP e' dsy In regard 70
her tatAer concerning Mr. Dale at the time Of
meinber the precise words the conversation, but
that her brother made remarks about Mr.. Dae's
character winch were offensive TO her The CONVERSE
ton referred to the house which Mr.. and airs. Dale
were TO 1--we In AFTER their marriage Thoma, com
Inat he had always paid his father house rent Mrs
Dale sad she aterward spoke to her aCner about tho
matter ana ho tod her that Thomas had never paid
him fenI In 1879 Mrs Daies brother James formed
some KIND OF business arrangement With Mr.; DIE
Jal1s complained L Mrs Dale mat bls aiher had dine
more Tor AIR. Dale than he had done for him lie
tod her that her husband had only married her for her
money. and that he only cared for account Of
what could get out Of her Mrs Dale declared that she
ia which be had manifested iliwill toward Mr Dale.
lie frequently conveyed the idea TO her mind that Mr.
at her brother Ansons house Oh staten Island, IN
pleasant scene nfo occurred u between Mr. Das
was stay ing for lew weeks the house and Mr. Dale
WAC PAINS N part .He running expenses OF the house
tie mead of the table, when William and told Mr.
about M Dale living OFF Of Mr. STOKES" and mar he
inH' Dai9, SHOULD NOT give any more or.eFs
repeated these remarks to Mrs. Dale several
times He said he had learned from his brother
Thomas that Mr. Dalt wa, living 1r stokes Thomas
had fathers eheck-bOok IN which were checks
drawn in favor OF Mr.. Dale Mrs Dale told nim that he
money which Mr. Dale had drawn her own money,
inherited from her grandfather. and her fathers
money. Mrs. Dae terwar spoke TO her brother Arson
about williams remaTk5, aLd tod him that she solld
have 10 leave the house IL Consequence VI
them Mrs. Dale said that she had frequently
heard her brothers make allusions To sous-in-law.
Her brother James spoke Of Mr. sade who had married
again, saying That he was supporting hi, second wife
his aites money. lie said to her thai would NOS
be 80 in her Sne asked him why and he replied
On, never mind; We VIII SOC It won't be so Ia your
case"
Ihe examination will be continued to-day.