New-York tribune., 1885-03-05
THE COURTS,
TESTIMONY OF MRS. HOYT.

lESIlMONI OF MRS. HOfT.
DECIDING NOT TO GO TO LUDLOW STREET JAIL
THE DAUGHTERS COMMITMENT PAPERS.
Mrs. Helen M. Hoyt, the widow of Jesse
Hoyt appeared at the surrogates Court yesterday, in
accordance with her promise to tho Surrogate IN the
contest OF her husbands will by her daughter, Miss
Mary Irene Hoyt. Joseph II. Choate Elhu Root
SherInan W. knevals and Joseph Kunzman presented
threatening front in behalf of proponents General
Roger A. Pryor, ex-Judge Fullerton and Aaron Kahn
got on the further side of huge pillar, and then Mrs.
Hoyt began her testimony in answer to questions
from Mr. Fullerton. Mrs. Hoyt appears to be
about sixty-lve years old; she s something
below medium height and of stout build. Her face
wears look OF determination She dressed in full
mourning aud was extremely pale, she is not in good
health.
Mrs. Hoyt first testified 20 the circumstances her hus-
bands death August H. 1882 after being confined to
the house for four months The physicians had been
Drs Millard. Carnochan and Dillon She was with her
husband day and night in his last illness. Mr. Hoyts
brothers, Samuel, Alfred and Reuben had visited him
frequently In his sickness Mrs Hoyt generally left the
room when they present. She requested
80 to do Mr. Hoyts nephews and her brother David
Demaray called. as also did Mr. Jackson, Mr.. Hoyts
con1d ential clerk. They often met in Mr.. Hoyts
room, but Mrs. Hoyt thought this matter Of mere
chances other callers Lawyer Van santvoord
and Mr. qnackenbnsh OF Hackensack. ~ ]. Mrs. Hoyt
hsd aeaa ho una nat Mr. smith was visitor she dd not
weeks before his death Mr. Hoyt had able
verse but little.
symposium the latitude and longitude OF Mrs.
Hoyts testimony and its general bearing here made
she could not swear In her behalf II would be for
Mrs Hoyts advantage. he argued, TO have the will set
aside as she would then get than her life interest
In Sl2ooOoo with the privilege af disposng OF $780,
900 OF It At her death. General Pryor stated it his
belief that Mrs Hoyt wished the win to stand Mrs.
H0yt had been subpGnaed witness by the Surrogate
aud not for either side He decided that she should not
be allowed To testify regarding her relations 10 her hus
band III IL should be shown that she would benefit by the
setting aside the VIII. at testify than II sho
called ny Ell her side
To prove that Mrs IIOyt would be benefited as indi-
cated, Mr. Root called James W. Jackson, Mr. Hoyts
confidential clerk who that the property OF the
estate amounted To least $500 O00 exclusive OF the
sides thls there wss property Ill Michigan. The Surro
gate considered this sufficient to show that Mrs Hoyt
would be financial gainer were the will set aside,
The discussion OF the admittancc OF from Penn
sylyania was next taken up. Mr. Root said he, by
quest obtained the document by special messenger with
the stipulation that s should have again within
twenty -four hours. Mrs. lIOyt asked II she had
written certain part OF the paper. and she said no.
Tie document WAS the commitment OF Miss Hoyt
10 the insane asylum near Philadelphia, which has
before figured In the Dr. Hail. the superintendent,
the especial messenger who had brought the pa
PER MI Fullerton wished 10 put him on the witness
stand. and In loud tones he called :" DIR. HALL Is Dr.
Hall here I" DR.. Hall had disappeared and Mcssrs.
ChOats and Root carried look Of peepng satisfaction
their faces.
" Have you subpTnaed bin Z" asked Mr. Root.
NO hut II hc Il away owing TO suggestion OF couu
-el. shall make haul OF some kind" Then he called
United States District Attorney Root To the sand.
You have made a haul by the root ." venturcd the
Surrogate. and everyone shuddered.
The commitment was signed by Dr. Talcott. OF the
Middleown Asylum. The case goes on on Monday next