New-York tribune., 1886-02-25
RJTTLER AGAINST CHOATE.
RrvIvING THE MUCH-TRiED HoYT CASE.
ARGUMENTS BY THE LEARNED AND WITTY coUN-
sEI-wAs THERE A CoNsPIRACYI

.pcruESTs BY THE LEARNED AND WITTY CoUN-
sr1-wAs THERE A CoNspIRACYf
Tba fact that General Benjamin f. Butler
and other distinguished counsel were to argue motion
an regard 10 the aegec Jesse Hoyt Will conspiracy pelore
I.ce Don0huo the Supreme Court Special Term was
,sd about the Court House yesterday afternoon ana
numerous audience gathered in the room when
n Root asked that certain portions OF the complaint
IN the suit for 81 100000 damages brought by mary
Irene Hoyt against her unces Alfred NJ Hoyt ana oan'
mel n. Hoyt, her cousin Jesse Hoyt Drs' eeiuen
H. Talcott, George W. Dillow and Henry d.
Millard, and James W. jackson, superintendent
of the asylum in which MISS Hoyt was placed
be stricken out as frivolous. lie presented 10 inc
court a copy OF the complaint which sets lortn
that Jesse Hoyt possessed estate worth S'ooooVo
that the plaintiff was his only daughter anu 'h" i"'
ruary 1870, he made will in which aiter certain '
beqnests the residue OF his estate amounting " NV
than 600 OOO was bequeahed TO his wife ana daush
So ho,ies :, 90 600 "a a specific to the daughter
and further legacy to his wife, that 1873 aiter sus
tanning some losses he made ne" VIII III ""'o" 'N ~
mainder his property after certain slnaii pequo wac
Io n eopa shares 10 his wife and his daughters and
that afterward wden Mr. Hoyt was on his dea'hoeu the
defendants consprng together had Ills daughter
condne1 I'm n lunatic atyum, so as to prevent her
from contesting the probate OF his WILL releasing her
after this object accomplished MT. hoot lusis'ou
that many details set forth In the complaint I'M
nroperly and that separate of action we're com
mingled H. such way that nearly ali Of the allegations
sbonld he stricken out beginning with that which placed
Mr. Hoyt's fortune al $1.OOOOOu
G,neral Butler read an atiGavit by his associate.
Frank J. Dupignac who sat beside him. setting forth
that the cause by stipulation had been set down lor a
and had been reached the calendar General Butter
said he WAS that this motion was not MADE Ior dc
lay young friend mad pracsed law as tue speaker
and the Judge had. forty years ago, he would know
that there then such thing as an actoh LOT con
spiracy. and though forms had changed sue an ac'on
n
complaint which showed tnat after two Wills hh oeen
made favorable the plaintiff ami ner motheI anu thdt
the brothers and nephew oyt and the doctors
had cunspred to have the paAti akcn ou' 3i tae
keeping her asylum until her father dled' i mesi
time inducing the Iather to make VIII under whlch
she dsnherted except & as TO ta eers !" t,mr a
Alter fathers death she was brought TO ne cl'y ana
they opened will to have copies made of IT, and at
o'clock the morning secdred citation on on net ann
a'l0ns9 us she rysr piS%%ga On hor
Mr. Chonte~i 6a, is not in the complaint
General Butler-The "bended knees" are not in the
compaint wish she had stood up and hit them IN the
cause Of action she was sent back to the asylum and
afier the viii probated they had her released
General Butter said that while she In the asylum
under pretcnce that she was insane they
TO get her TO to Europe. but she was hot m euous.
His friend said lie ana not Know Whal ne cSS % o
action do not know what you calit IN Newlork
he Sn IL aTe hsS Gd help
In regard the allegation that his friend had spoken OF
sometimes-Ihat Mr. Hoy possessed S7,oOO,ooo was 1t
not proper showing wnat an Immense stake tue de-
had to perjury conspiracy and all manner OF deVty
Joseph Choate replied, saying: "Ihe very turning
which the distinguished cOunsel mas so olteh
repeated Of the Court and OF the press
would doubtless furnish the basis for many actions III II
were true" He contended that this was question or
pleading rule that the evidence was not 10 DC
pleaded but the grievance TO be simply stated ana
the defendants were not To be called upon 10 peau 10
every specific allegation that belongs TO the evidence
The causes action be separated and could not
properly be combined IN one complaint. Everything
not relating accusation of conspiracy should DC
stricken ont. The charge conspiracy TO lnprsOn
the plaintiff during the last Illness of her father so as to
prevent her from being with him at the time OF ms
death Everything not connected win TINS alteration
was The other side might as well introduce
the first twelve chapters OF the book of Exodus as part
OF the complaint the rIgnarole here presented
III the action for false Imprisonment that alone
should be set forth. II tho action Tor conspiracy 10
deprive the plaintiff OF her inheritance that should be
stated" - A.
General Butler reOined that the proper action OF the
defendants counsel was to denur to the complaint OF
plaintiff elect OF action ana not 10
portions he stricken out lie said IN
passing that the hal taken more time In de
ending the Hoyt will than had been consumed III
TRYING The complaint he said.was ono cause OF action
conspiracy to Geprye her Of her Inheritance aggra-
yatd by IA Imprisonment and the loss OF her fathers
affection.
Justice Donohue reserved his decision