New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-12
WAS MISS HOYT INSANEi
DIR. MILLARDs EMPHATIC TESTIMONY.
WHAT HE SAW AND WAS ToLD--MR. KAHN DOESN'T
ENJOY cROsS-EXAMISATION.

ENJOY cROss-RxAMISATIoN.
Generals Butler and Pryor were arrayed
against Messrs Evarts Choate and Root again yester
day, when the hearing in the Hoyt will re-
sumed Surrogate Rollins announced his decision
requiring the executors to Miss Mary Irene HOyt
500 900 instead OF the $900 that had been asked for
Ex-Governor Butler said We are satisfied" The
Surrogate also decided with regard to the papers placed
IN the possession OF the Court by Senator Conkng
that the counsel both sides should have free accesso
them but that they should continue in the keeping OF
the Court
The examination OF witnesses IN rebuttal begun by
Ehu Root. counsel for the proponents. Dr. Henry b.
Willard testified that consulted by Jesse HOyt at
times with regard to the mental condition OF his
daughter Mary Irene. Mr. HOyt told him that lie
thought she mentally deranged and that he had con-
sdered the advsability OF sending her to unac asy-
um The witness examined the daughter and found her
hysteca and her nervous system out OF order Mr.
IOyt wanted the witness 10 sign certificate OF her
sanity, but at that time he unwilling to do That
prior 1866. In 1870 Mr.. Hoyt told him that she
troublesome and unmanageable. saying " She
makes life hell on earth for and the family" She
would drive the servants away and he hadn't the com
of poor laborer in consequence Of conduct
Sometimes she wanted to go to hotel or
boardlnghou another tine California and another
time to Europe, and when everything was ready for
sending her she would refuse TO When guests came
70 the house she would not allow them to enter In
1879 Mr.. Hoyt told him that Mary getting worse
and worse He said she breaking down her health
and killing her mother lie aided that she had an idea
that she had cngested blood in her head and warned
he bled or have leeches applied The witness. when
asked sign certificate Of insanity, ted that
specialist be called and Dr. Selen H. Talcott. OF the
MddletOwn Asylum. called in The witness after
ward told Mr. Hoyt that Dr. Talcott declared that Miss
Hoyt was only insane, but dangerously She was
placed the asylum. and when the witness returned
from he released.
June 3, 1881 tho witness was sent for by MI Hoyt
at o'clock In the morning. Mr.. Hoyt said
his daughter was raising the devil
that she threatened to him for false
imprisonment. He sad: "she has been screeehlng and
,mtng and called me q blank blanked mar" MI
Hoyt sail Mary hid consulted exJudge Russell In re
gard bringing suit for damages ami advised not
20 do 80. aud hat she went 10 see Dr frdyco barAe
The latter told the witness that lie thought her insane
Dr. ChOate specialist IN nervous diseases pronounced
her insane Mr HOyt told the witness that he did not
know how long might i've and he wanted 10 prevent
and unprinciped lawyers. He had heard the daughter
call her father liar on many occasions ana an upprin-
crosse S.mined by General Butter. Dr. Mard was
asked whether he had c3'tinued constantly Mr. Hoyt'
family physician from the time when lie hrst became So
. VERY we'll" said Ex-Governor Butler. Don't an
swer them for II II take good while to tell all you don't
Tie witness testified that he did not sign certificate
Of the daughters nsany because he was AFRAID that she
The hearing viii he continued at IL a. m. to-day
Lawyer Aaron Kahn did not lake the witness chair In
Referee Asnhel Green's Office yesterday with tue bright
cheerful. smiling that he had before Ex-Governor
Butl,r begal probe his transactions with Miss Hoyt
Tor which he asks her to pay $4,000 ms PROV was
mrrowet ana his eyes moved restlessly about and
wandered from tning another IN the room In an
Aforementioned manner The Ex-Governor seemed out
~ sorts IN the early stage o he MS CUES
did burst forth with the usual spontaneIty and
he snud the no.egay on the lapel OF ms coat IN vain
for inspiration He looked over account books chee1s
and exhibits IN listess manner OF sudden his rudy
hs wasicoat pocket But me tragrant IiaVaua Was hot
there. "A cigar | must have cigar ~ he
eSe@gd RGn' ae sEEry one ob eSeG
the injunction. ard It looked rs II the examination would
have 10 be adjourned but fortunately stranger
rived with cigar. which he gave 10 the ex-Covernor
who, after he had tucked t carefully away IN his right
check. that only an inch visible went on with
the process of annihiatng Mr. Kahn with his Old time
Mr Kahn testified on previous examination that he
bad been In any other business tnan the law since
1877 The ex-GoSernor ~ay'd ORE pifSsetofy
1876 he No. 3OS Mottst. that he was In
ana continued in is7oso at No 300 Broadway that in
1851 he pawnbroker at No $50 ThirdaNe.' law
yer mt No. go Broadway, and since then that
he has been a lawyer at the latter number.
Mr. sewel objected stenuonsly to the admission OF the
question as TO whether Mr. Kahn had drawn hrs Helen
VI. HOyt's will, and the Ex-Governor replied so yigor
ousy mat parlos were oe4ged ana cneSruiy Eranleu
was statement which Miss and Mrs. HOyt had signed
their to correct ana one OF the Items con
tanrd charge oi So,OOo LOT drawing Tue VIII OF MT,
HOyt and for professional services Tue Ex-Governor
proposed TO show that the VIII OF Mrs Hoyt had never
been dr and that she md Miss oyt bad signed the
document without understanding us meaning Referee
chewed vigorously on his cigar for some moments.
The witness said th9t he never had q contract
with Miss uOyt directly Indirectly In
which she had agreed To give him for cOntesung her
fathers will % per OF what recovered. pro-
vlcd the amount did not exceed 100000 and $4,000
n the ease was He denied that lie had
told William Fullerton ROGER A. Pryor that he had
such contract, according to his best recollection and
he never showed it any aud never had contract
OF this nature acknO wledged LefOre notary public The
Ex-Governor grew excited at the repeated deDias and
fugetfuuess OF Mr. Kahn In reference to this contract
and leaning over IN his chair that his face close
To OF the uneasy witness he shouted In oUenair
Didn't you tell MI Duplgnac that you had such
a contract T.
Yes" In faint voice.
Z" And you had no contract ."
No." In fainter voice.
I" Then what you said was a lie "
IL was" In whisper
LAWYER Kahn said that he had n verbal contract with
Miss Hoyt a reasonable compensation, but no hgures
were mentioned He agreed in court any other
place waive his special contract Tor he did not have
Que, and take certain sum to compromise his claim.
lie had forgotten entirely how IL that in making up
his statement OF charges against Mrs. and Miss HOyt he
had not taken all the items FROM his account book. He
the book In his possession hut couldn't tell whether
not he had looked at IL In making out his bill Ho had
300 Miss Mary Irene HOyt FOR defending
her in police court His charge for this service
50 500 and he did consider II exOrbtant The only
Ofhr mUdey had received in addition To the $32 666,
the amount OF his statement was $1,000 from Mrs.
Helen VI. HOyt.
The hearing at poktt adjourned till Friday.
,EfEUrs