New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-10
The HOYT CASE NEAR ITS END.
ARGUMENTS OF THE LAWYERS FINISHED
Mr.. EvARTs's CLOSING woRDs-THE sURRoGArE's
DECISION AWAITED

Mr.. EyARTs's CLOSING wORDs-THE sURROGATEs
DECISION AWAITED
Senator Evarts finished his argument In ths
Hoyt will yesterday before audience as largo AZ
that Of the previous day. He declared that the medic.
testimony for the contestant did not establish the pro
position that Mr. doyt Of sound mind and memo,y
He examined the somewhat incoherent letter written
by Jesse Hoyt while under the influence opiares af,
having severe operation performed, and contended
that evidence Of his strength Of mind and win
that under the circumstances he wrote letter SO much
to the point for the purpose Of making appontmen
settling tho business about the will It showed thu
reason dominant In the midst OF physical
disturbances. That letter might have been
destroyed. 1t was addressed to Mr.. Van santyoora
who alone knew OF its existence. 1t was letter tina,
would not have been missed Mr. Van santwood was ope
OF thousand in Particularly He preserved that loer
and it showed the integrity of the How dferen,
was the conduct of the contestant with regard TO sera
OF paper which Mr. Hoyt wrote to his daughter and
which her lawyers would not present the Court be
would prevent her from getting the estate thai
she claimed 1t claimed on the other side that II
Mr. Hoyt died of tumor he could make will and ~ bs
died OF Brights disease he could not This an ssus
that might talked about forever without an
autopsy. This a challenge to consider an ssns
aside from and drew attention from the real ia
sues His learned opponent knew what he knew, spoka
what he knew and he would suppose believed what hs
spoke SO this tnmor bengnsnt harmless AFFAIR."
Brights disease as General Butler did He never saw
Mr. Hoyt but with wonderful penetration he saw right
through him, saw the tumor or "ague cake" and got
that of the way. and gave HIM Brights disease Mr.
Evarts read the medical definition OF Briglts disease
He related that distinguished lawyer being ON Ills
deathbed with this disease asked his hyscian what
and answered Z" It Is stoppage In the CoonD
to which he replied swell I'm glad OF that for now
know is not full stop The yeracity of Dr. Mlani
had been inpugned aud IL had been spread trumpet.
tongued by the newspapers having been put forth by
lawyer now In the case. Was 10 not enough TO in.
duce belief that the license or the bar should be
curbed Dr. Carnochan had been attacked. 1t was a
cruel thing thus 10 attack the reputation OF these doc
tors.
II supposed that Dr. CarnOchan had signed the GER
tihcate Of Mr. HOyt's death the tine that General
Butler characterized his conduct and that he sure
Geuera Butler would Withdraw what he had said IL hs
DIR. Carn0chan did not sign IL.
Mr.. Evarts said that satisfactory and he had 10
mers had gone down In this contest, but
the principe OF the survival OF the fttest
some heads lgancing &C General Pryor and Mr. Da.
pIgnscl still above water General Butler had
used the words Dr. Mlllard Ia peEjured scOUndrel"
"Well." proceeded Mr. Evarts, that Is English. No
who IL expects IL to be believed and IL the
last expression that a man would resort TO II he had
anything else to say. III used in the spapers IN
the street such language would be met with prompt
sentiment" He examined the testimony Of the physi.
clans who had testified for the prepayment unfolding its
accuracy. Then commenting on the attacks upon
Mr. HOyts brothers and friends he said that soon as
he died they Drcame wicked men according the
other side. not sound spot in them, aud
yet they TO the Produce Exchange daily and gave
their word for millions and they were belieyed-their
words good as their bonds. With regard TO the
question OF Miss HOyts insanity IL had beer talked Of
long before the will Mr. Hoyt had endeayOred to con
ceal 1t as long ms he could but finally was compelled
send her to asylum Mr. Evarts submitted that upon
the evidence II must be found that Jesse HOyt OF
sound mind when he made his will. and made most
sensible disposition Of his property With these remark,
he closed.
II arranged that the counsel on both sides should
submit their briefs within two weeks.