St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-03-26
a. t, STEWARDS COUSINS.
They Want 5000, 900 from the Estate of the
Whose BOdy is Lost.
N Y SIM

suitin the supreme court in this city in 1876,
together with Ann Jane Baily, for over So
10000, which they asserted was their share
as heirs of the Stewart estate. The suit was
discontinued in 1879.
Yesterday a complsint was filed in the
United States Circuit court in a suit brought
against Henry Hilton by Herbert Fl. Walker,
an attorney of 179 Broadway, acting for Ben
jamin F. Whelden of Ludlow, VT, Mr.. Stew
arts guardian, The complaint rectes that
on Aug. 20, 1888, at Ludlow, Alexsnder
Stewart was declared insane, and Mr.. WHEEL
den was appointed his guardian; that on
April 10, 1876, in New York, Alexander
Turney Stewart died interstate, leaving prop
erty to the value of $50, 100000, which was
vested in and claimed by his heirs at law, of
which the plaintiff claims to be one. On
April 10, 1876, without due notice to the
heirs at law to attend the probate of the al
legged will, paper purporting to be his last
will and testament was admitted to probate
On June /, 1873, the plaintiff and Ann
Jane Bailey, another heir, as co-plaintiff, be-
gan suit in the supreme court of New York
for his share of more than So, 900 900 against
Henry Hilton and others in possession. The
defendants, or some of them, appeared and
made answer, when the defendant, knowing
the plaintiff to be legal heir at law, and in
order to prevent the trial, devised a plan to
procure the discontinuance of the suit, and
to procure at small percentage of the
amount demanded release in full of the
plaintiffs interest, and for that purpose en-
! ployed b. G. Jayne, Pryce Lewis and Ira
| Shafer, all of New York.
The complaint then says that on Aug. 26
i 1878. Pryce Lewis went to the home of the
| plaintiff, in Cavendish, and, pretending that
| Cornelia Stewart, the widow, and Henry Hill
ton desired to become acquainted with the
| plaintiff and to recognize him as a relative
and heir, induced the plaintiff to leave his
residence and go with him to the Metropoli-
tan hotel in New York, managed by Mr.. Hill
ton, where the plaintiff was kept and main
tanned at Mr.. Hilton's cost, and guarded by
Lewis, from August 80 1878, to March II,
1879.
During this time the complaint says, he
| was kept under constant watch. and was not
| permitted TO return home, or to visit or to re-
ceive visits from his friends or relatives, nor
to see S. f. Kneeland, his attorney in the
suit, or any person except in the hearing of
Mr.. Hilton's agents; that while the plaintiff
was under such control Mr.. Hilton induced
him to move before the supreme court to
substitute Ira Shafer as the plaintiffs attor-
ney in place of S. F. Kneeland, and for that
purpose induced the plaintiff to make certain
afiidavits, on which Shafer was substituted
! for Kneeland by order of the court. On
March / Mr. Stewart discontinued the suit
on the advice of Shafer and the other agents,
and on or about Jan. 16 1879, he, for certain
considerations, signed a full and complete
release of all his claims to the property. At
| different times between Aug. 30. 1873, and
March II, 1879 the defendant would make
Mr.. Stewart independently rich for life. Mr..
| Stewart was assured that Mr.. Hilton would
pay him as great a sum of money as the
| plaintiffs interest and claim to the estate
was worth, and that the plaintiff would be
fairly dealt with. The defendant would pay
him Immediately not less than 100000,
would buy him good farm in Vermont and
stock it with cattle, horses, and sheep. Mr..
Hilton would buy for Mr.. Stewards invalid
wife an invalid chair, and would give to his
wife and daughter two as costly dresses as
could be bought at the Stewart store in New
York city.
The complaint then says that Mr.. Hilton
has broken every promise and still refuses to
perform them, and that the plaintiff is dam
aged to the amount of 5000, 600. On Sept,
80. 1879, when the plaintiff was intirm of
mind, he gave power of attorney to his son
Matthew Stewart to sue and collect the dam
ages due to him. On or about March Is,
1880; Matthew Stewart, acting for his father
began an action in the Windsor County
court against Hilton for damages in the sum
of $780,, 900 for the non-performance of his
promises. The case was removed on MAY
Is to the United States Circuit Court of Yer
mont.
| On Jan. 1881, Mr.. Hilton's agents, the
complaint says induced the plaintiff, who
was insane to sign full release for an in
sufficient consideration the plaintiff not
knowing what he was signing. On Dec. 10,
1881 at Burlington these agents induced the
| plaintiff to sign another full release, 1t is
requested, therefore that the defendent make
answer to seventeen heterogeneous that are
appended and embody the above statement.
| The sum of 5000, 900 is claimed and the
court requested to subpoena Henry Hilton as
a witness. The complaint is sworn to be-
fore United States Commissioner John A.
Shields.
Ex-Judge Hilton was found at his resid-
ence. west Thirty fourth street last even
ing,
at is that old Matchmaking suit, - he said
''and amounts to nothing. We shall fight it,
of course. Mr.. Stewart sent me full releas-
es through his attorney Ira Shafer."
Mr.. Herbert I'll. Walker, Mr.. Stewards at
| torney said:
''It is strange case. This insane man
80 years old is induced by promises to sign
away rights as an heir to millions of the Ste
| h.
ton promised him is refused. He lives at
home in the care of Mrs. Isabella Jeffs his
daughter, His lawyers made mistake in
the original suit by saying that he resided at
Whitehall N. Y He was not resident of
Whitehall and Mr.. Hilton found it out.
That gave him great advantage over Mr.. Ste
wart and over the co-defendant, Mrs. Bailey
who had also sworn to the complaint. She
was also induced to accept Mr.. Ira Shafer as
attorney in place of Kneeland, and she con-
scented to discontinuance of the action.
AFTER the power of attorney was given to
the son, and the suit for damages was
brought, in 1880, Mr.. Hilton's agents in
duced the old gentleman, for some trfing
consideration, to sign release on Jan. s.,
| 1881, and revocation of the power of at
| torney Ex-Judge Barrett of Woodstock,
| Vt, was employed to move before the Court
that the action be discontinued on the
ground of the release. Judge Wheeler de-
MED the motion on the ground that the con-
sideration for which the power of attorney
was given had not been satisfied.
''They obtained another release some time
in December 1881, at Burlington. Men
employed by Mr.. Hilton in Vermont went to
the old gentleman and told him his lawyers
and Mr.. Hilton's lawyers were to meet in
Burlington and settle the case, and Mr.
Stewart would receive large sum of money.
Some of his relatives tried to persuade him it
was not true, but he believed it.
''When he got there no representative of
himself or his son was there, but only Mr.,