New-York tribune., 1888-03-21
HARD WORK FOR FEW FACTS.
TESTIMONY IN THE STEWART WILL CASE.
THE INTIMATE RELATIONS BKrwEEN kxJohoh
uu.rprs FAMILY AND MRS. srEwARr

~ enectators 10 Surrogare Ransom's courtroom
yesterday md 6 the SEATING capacity Is extreme
iy limited many stood up for hours showing
how curiosity beget patience All 'ne o's NV
yers who have q finger In the pie wero there.
Henry II. Raoe, who has w1shs'oed tine nrc Oh
Mr Choate's oss-examinaeion for three days
vras allowed % 70 after one moro hour OF tt
and seemed exceedingly glad to escape. Edward
R Hilton. ex-Judge Hilton's son. took bis
placc. and did not find II particularly comforta-
BILE placs after Mr.. Choate began his crossexami-
nation. Mr. Choate first asked Mr. Rice u he
knew anything about the books Of the hrm
of A. T. Stewart & Co. being taken to England
after Mr. Stewards death and he replied that
he didn't know anything about the books; he
didn't know whether TREY were IN existence or
not Mr. Choate wanted the check on which
Mr. Rice was paid $1,000 ss legacy from A. l.
Stewart, bat was told that It was either not In
existence or could not be found When MI
Choate questioned the witness about Mr. Stewards
bank account he elected only confessions OF
ignorance.
THE ssTABLE- DEED PRODUCED
Then Mr. Choate brought up the stable deed
concerning which he has made SO many inquiries
during his examination of the witness. Ex-Judge
Hilton's lawyers produced the original deed IL
transferred the stable building and lots on when
It stands on the south s,as Of ahir,g lssr1s ads.
Hilton AR. Rec professcd his entire igneraaee
81 the transaction. I" shall ask you sad Mr
Choate, hiandly. addressing Mr. Root, sc 70 pro pro
rccted in this deed A..
Mr. Root smiled sweetly IN response ana, mus
encouraged Mr. Choate added quietly And also
please produce the check for 81 100000 recMsa
a. the consideration for the Stewart oaifaihs
which was decided TO Judge Ililtonp"
Ibis ,irnc ali the LAWYERS clustered about ex-
audge Hilton smiled q sort Of wouldnt-you-hke-
to-gei-it smile. -, a.. h;hi,;on
OF temper he has been betrayed INTO during .he t
many weary hours II which he hss oscuir,' r the I
witness chair mr cnoale ,,h Ui sraone,t rcfer-
enc mas been made during the trial There was
mortgage it, and subsequently, 1oreGGSum iIiItnp
against Mr. Stewart Mr. Rice entered an appear-
ence for Mr. Stewart. but did nothing NOR Nir.
Rice said that hr knew nothing about tne rln.e'
n ps YOU ,aSe anv steps to defend the interests Of
Mr. stewart Al aon't remember that da anything
more than put IN appearance.
o-Do reu think that doing your duty Al
decline to answer
After n little discussion among the lawyers
Mr. Rice said that he thought he had discharged
his duty %
After Mr. Choate had ascertained the extent OF
Mr. Riee's ignorance on some other suplecIs' hc
was allowed 20 depart.
EDWARD 3. HILTON CALLED.
Edward B Hilton the eldest son Of ex-Judgs
Hilton. was then called to the Stand. lie Is
portly and chubby and doube-chinned Ike MS
fat
filrn his father he is bald except for some hair
A. the back of his head. But in ex-Judge Iii'on
case IT, is white: with his son " Is U,"cH ',stscSrs
Mr. Root examined him. and they got aiohS
comfortably together. lie said that he had ivsu .
Po-is p las, sunday, Then Mr. Root got TO work
On the win and codicils. handing them to the wit
bfsS bs HANDWRITING and Identified his signature and
that Of Mrs Stewart
o-Please state where and under what circumstances
Tn
Of her private residence at the corner Of ThTtyfo"isn
.. ana F4frh.sve on July g. 1879, In the morning be-
tween 10 and IL oclo-k.
o-Piease what occurred at that time A
with Mr. J. Henry Work went to Mrs stewarrs mouse
We were invited by her butler william Smith To walk
up stairs into library where we found MIS- s'e""'
waiting for us-a-o Judge Davies and my fs.her' MRS
Stewart after ordinary situations TO MI WORK q
myself seated herself at the head OF the hprary A.o
Mira Stewart signed the win which was lying Oeioro ~
An our presence Judge Davies then put seVcrai aue
60. 90 a., ssttns her II THE her last will and
test.ueut and whether desired Us 70 sign as WIZ
Odd she all those quesuons' A--Sh' All
.xered IN q LOUD full tone OF voice
u,sa. d,a she .ayt A-Sho said Eyes do, !"
And Judge Davies asng several questions fe@a
the attestation clause 80 WIN. -
In answer 70 other questions, Mr.. Hilton SAID
that he had known Mrs. Stewart all MS me- anu
hefo,c he went abroad he in the habit OF seeing
her daily She WAS he said. a relative oi hy
grandfather on my mothers sloe. one '""'
spoke of my mother as her dearest iriehu.
o-Please state her condition as 70 souho-
mass Of mind memory and understanding when this wiz
was signed A-Fully capable, mentally ana ph5 s0@nS'
more the ordinary person ,-. ..
O -Ila she appear to be under any restrain. ""aS
aver, A-Eot at all Sire prepared 10 receive US
and knew everything thai she AID fully ana inten
HIS FATHER AND TIE FIRST COD1C1-
Tn response to the question be SAID thai ne "ro'e
out the first codicu from pencil memoranda iur
nished nv his father which he subsequently re
turned TO him. That codicii was gned May T.
1873. Mr. Hilton related the circumstances ah'
testified that at the time Mrs. Stewart had fau con
troll of her faculties.
ODD she slassesi Amos siasSes "s' u
o.-Haye you frequently Mrs. Stewart converse
~l.a .:hcr peoplef Ayes . ,r.o,
elmes. 49, -,
In the laughter that went through the court
room Mr. Choate heard TO say oh' ne > 81
used to millions - ...ord
ME- Hilton said that he also drew up the secoho
eodjcil from pencil memoranda furnished ~ nla
Gather Mrs Stewart signed II July z, 1919, Dcins
Mr. Hilton declared, III perfect conoltion a' 'ii'
lis father he said, was not the room just
At the moment when the original Will was sisneu,
but be was in the house lie was no. Presen. NJ VIII ,
the trst and second eodicils were signed, out met
him tthe witness) and ME Work Us they were
nrsruRnFD by Mr. cHoATEs oUEsrIoNs-
NJ, Hilton fell into MIR. Choates hands foi
rrossexamination ut 10 minutes after IL O'CLOCK
leaning AGAINST the railing, with one hand IN hl'
,oclxet Mr. CLoate began 10 put his questions Ia III
usual quiet persuasive fashion. but tnas [" ""'
80, .ntiralv agreeable TO MIR. Hilton was now
abowu by his flushed cheeks - ,,..s. .ov vii
q. Prior July g. iss7. aia yeu "i'ho's ~' ""
epr Nr. Stewart A--keyer -
n o-ps.veen the time Of MT. stswsrss asatas Apr
IN ,s7a and the Introduction OF this second eeHcu
Juiv Q 7s did you particular opportun Ties VI W
serving Mrs. stewartf A-of COURSE va" ''-
seeing her. .,, IA. ....be
o-Hew Constantly A--Alnsos' d1iy-aiKe . "sA'e
Of the family - - . ,,s
Q.-Shs like o member OF your n~S' !" W. ~