New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-29
SURPRISE IN THE HOYT CASE.
THE PROPONENTS REST.

Mr.. CoNKLING THINKS THEY HAVE NOT PROVED
ENOUGH-Is THERE A PRrMA FACIE ChsEi
Joseph II. CbOate appeared in the Hoyt will
yesterday In place OF Mr. Eyarts who Is still IN.
When Roscoe ConlIng arrived the two lawyers shook
hands and Mr. Choste asked bis legal brother bandly II
he would give him kind greeting. Everybody" rc-
spOnded the ex-senator beuigpanty, "is compelled
to give You kind greeting" During the handwriting
tho half dozen other lawyers had placed them
selves behind tho brcastworks OF legal documents and
hats OF various caibre. Miss Mary Irene HOyt and Mrs
Helen Maria EIoyt were present.
BIZ Conkng was first surprised by the statement OF
United States DlstrletAttorney Root that he
rested the OF the proponents, aud he
asked Mr. Choate II that constituted bis morn
ings work. ITO then informed the Surrogate
that the Court would have to be subjected TO the pain Of
listening 20 the ex-senator Mr. Conug protested that
tho for the proponents could not rest at this point
The evidence should be cumulative alone It should
be replicatoTy The questions OF mental capacity and
unduo Influence had not been touched upon. No sub
scrbng witness had been called Cornelius Van SAINT
yoord had testified in another capacity. Mr. Van SAINT
yeOrd Mr. COnkng declared blandly had been dragged
all over the case, but not a subscribing witness.
Considering the faiby Of human testimony, the fralty
of human and tine selfish interests which often
dominate IT, Mr. Condlng coad not that the learned
counsel had rested their from the most Christian
motives. Why had not Alfred NJ. Hoyt been called The
question OF who should hold $I0000,000 or thereabous
was involved It unfair to leave ts amount at the
mercy Of the eyidence-n-chief already in Was there
necrOmancy in this easel The resting OF
the cas- here was for the purpose Of covering
up the most vicious and garng Of the trades made In
the will Alfred Hoyt and his children benoGcares
under the will to the amount of 100000 S7OOOOO0
The handwriting OF Alfred Hoyt shadowy thing;
it found in substance in the draft Of the Will May
it please your Honor" exclaimed Mr. Conkling, "Naturo
abhOrs a vacuum" He then occupied another half hour
in opposition the proposed resting Of the case He had
taken by surprise be said, and might ask FOR an eN
tension Of time.
Mr. Choate miIdyIwe will give You all tho time YOU
Mr. Conkllng-wellI will say then that IL my friend
prevails so nightly IN this case that nc can lnacs te
court to sustain his view, shall ask Tor century aud
Mr.. Chostc GdndlSJ-We will give you that.
would do that without stipulation meanwhile they
They 'y %oald be willing to grant an ex.
tension until eternity grew gray ana hob1ed on
witch 10 examine a few authortcs7 Mr. Root then
spoke IN behalf OF the view hat all the evidence required
lie knew OF statutory requirements a. 10 the meflod
OF making out prims faco case. MI Conkling stated
districts he had studied the local practice in the sur0
gates CoqrC in this city and had advised ms
client and his legal assistants that the prop0nents
must first conclude their case Mr. Choate then told how
long he hal practced in the surrogaes Court o. ths
put forward their side OF the casearer prlna faes
looked uncertain first To the manner in which Mr.
Choate would haudle him. Mr.. Choate exceeding
y mild and bland Mr. Cenkling sank into comfortable
frame of mind The air all around balmy over this
state ~ affairs, and the spectators looked as IL
they were witnesses Of a lOye-feast.
Mr. ChOae declared that OF the 30 pages OF testimony
already in the the proponents counsel had
been responsible for only about hy pages. The other
nneenths were attributable to tie counsel for the
jestants Mr. Ch0ate bcamcd upon Mr. Conk!ng a. no
uttered this opinion and tho ex-senator appeared c0n-
scos that he really had occupied good deal OF time IN
Mr. Choate declared that thtre were
will contests record which had occupied Years
after the subscribing witnesses had Ocen cx
ahmed and those witnesses meanwhile had
died An the lawyers smiled grizzly at this and the con-
te-tant grow grave.
MI C1oate thought that Mr.. Conkng required tics
in which 10 up authorities, the ex-senator had
displayed remarkable ability in eNGausng sun Get
the spur Of the moment sun he might have ono day.
| nay, two days, for legal supplies.
EX.Iuige Shpman then took the floor to support Mr.
,onkling. lie would not assert that game had been
played by Mr.. Root and his companions, but
That "c0ntriyance" had been sprung IN
resting the case Conkng followed up the attack by
asserting that If could be found in legal lore
taning view Of the opposing counsel 1t would be the
discovery OF white blackbird.
The discussion had gone from 1l:30 a. m 90 p M
As the lawyers had said all that they could think OF on
the subject the Surrogate reserved bis decision on the
point raised, and adjourned the hearing until Monday
ntN