New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-17
JAMES STUKESS HABITS.

THE CONTEST OVER HIS WILL RESUMED.
TESTIMONY OF HIS NEPHEW, JOSIAH CoLGArE-MB.
sToKEs's ONE VISIT TO DELM0NICo's-A BOOK
KEEPERS IMPRESSIONS.
The first hearing after the summer vacation
in tie the codic 10 the VIII OF the late
James Stokes was had yesterday before Surrogate Ro
Inns. Mr. Stokes, in his WILL divided his estate equally
among all his children. In the codcil, winch was exc
cued not long his death he changed the share OF
his daughter Mrs Dora stokes Dale. from a fee TO a life
interest Mira Dale contests the probate OF the codic
on the grounds that Mr. Stokes Of the time OF It's execu
ton was OF unsound mind, and was under the unuue
Influence of his sons. Francis n. Bangs, MIS-
Dales counsel, called yesterday IA the nrst Witness
Josiah Colgate who said he nephew OF MT Stohcs'
and did business as n printer at No. AZ Broad-s lie
could remember Mr.. Stokes for fifty years During inc
last fifteen years OF Mr. Stokess life he had seen hm
three or four times a year. Up to the time when MI
Stokes retired from the firm OF Phelps, Dodge * Co. nc
always seemed hale and hearty In his intercourse
with people he quick, prompt and extremely pole'
The witness had observed marked change IN MI
Stokes during the last months OF his life. During these
last months he saw Mr.. Stokes perhaps six
tnes. Mr. Stokes was feeble, nervous
and tremnous His feebleness was not
noticeable in any particular part VI
his body, but in all parts. His hands were 'reuou
and his couutenance very haggard Inc last uulo
the witness went TO Mr. Stokes ut MS once, INC Oh
iect of
of the rent of church pew which Mrs Stokes had Tor
oor mr. ryo prior TO her death paid for his benefit lie
ottempted TO speak TO Stokes but the latter seemed
m understand what he wanted and waved him of with
the single word. &" CONTINUE" Mr. Stokes seemed 10
recognize the Witness did not How do you do,
or anything OF that sort.
Mr. -Bancs-Did you ever see Mr.. stokes drink
HquOrl
Mr. Colgate-I saw Mr. Stokes drink on one OCCASION
and only ON one occasion in my life.
Mr. Raurs-Please describe this OCCASION
Mr. Colgafe-It was during the trial of Edward Stokes
WAS in Delmonico's, at Broadway ana ChamoerS-st
Mr. Stokes came ill., and going mp to tile BAR ordered
brandy He poured out the brandy himself and poured
the glass half u told Nj Stokes that it was strange
loce far teetotaer to be in. He said 4" SO il is"
asked him IL he always drank alone. He answered
Always" Mr.. stokes also told me that he was In the
habit of taking something for his stOmlchs sake occa
siOnay.
William NJ. Evarts. on the cross-eXamination, asked
the witness how old lie was Mr. colgate rcpled fity
Mr. EYarts~But you said you had known Mr. Stokes
Mr.. Goigate-well, have known him ever since was
baby 49, ~, c.o,.o. .to o,o,,,o,, hon,
his drinking alone in earnest or IN Jesl -, ..,,
Mr. COgate-I hardly meant the question seriously.
Mr. Evarts-Did Mr.. Stokes also make his answer
<cstinglyi -. l.. oo..o..
MIR Evarts then questioned the witness about mis- In
terview or attempted interview with Mr. Stokes In re-
gard cOnnung the payment OF the pew rent; put
went back again In Delmonico's and asked
- How did you Happen be thereP
Mr. Cogite-I was there every day OF my life.
Mr. Evarts-Werc you also III the haOit OF drinking
there daily
SIR Evarts-How long had you had that habit ..
Mr. Colgate-For twenty years No1 as long as IhaI at
niotc said he never saw MI Stokes in belmont
cos after this meeting aud ne had never him there
before. Mr. Stokes did not take amy unch nj that time
He came ana hi. brandy Ts went directly ont
was about one two o'clock IN the afternoon lie knew
thar Mr Stokes drank brandy beclnse NC heari MN ~,
order brandy. He under the impression that Mr.
stokes came there from the trial OF Edward stokes
Alter the witness mad let the sa ne WAS rcceu anu
Mr. EvdrtsWnen You spoke 10 MT stokes about drlnk-
ing alone did you drinking in private or without
Mr. Colgate meant drinking without, treating
anyone. / was in the bar-rOOm before Mr.. Stokes
came ill., III company with Judge barnard oil the SUI
prcmc Court and some others As Ar. Stokes came in
one Of my friends remarked: There comes friend OF
Vonrs nernaps YOU can get him TO treat" looked and
saw that it Gnclo James. very much surprised
of wine That could got Mr.. Stokes to treat up
to him at the bar and asked g Do you always drink
evidently meant as a rebuke and accepted such
Mr.. Eyarts-And you paid the wagerf
The Surrogate-fhe same dayi
The next witness Was Joseph Van Week He said he
had been for nnmDer OF years bOOkkecpcr In the firm
the lie had seen him almost daily after that lime
he had seen him only occasionally. During the
had tS Sce Sd 'oo him s to be- falling in strength
His walk was less vigorous, ana there was a slight
heayness and lack Olfe in his face There had been
two interviews with Nj. stokesOne in January, 1851,
and one the death OF Mrs stokes-whieh had left
strong impres his mind in regard to Mr. Stokess
failing condition. OF the first interview he could re-
member absolutely nothing except the impressions
which it had produced. he thought that Mr. stokes's
DAYS were almost ended lie Thought that his mind
weaker In the second interview lac had spoken few
wors OF sympathy Mr. stokes, VINO had recently lost
his wife. rho witness could not remember any word
fua MIR Stokes said or any act that he md. lie could
only remember his impressions, and these impressions
were produced much by what Mr. Stokes dd not say
aud do, as by what ne d1d say and 40. The combined
abilities OF Mr. Bangs and Mr. Eyarts, for their different
DIrpOses could not elicit from the witness than
Thai he remembered nothing but his impressions. The
trial will be continued 10 day.