New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-01
THE STEWART WILL CASE.
,,R CHoATEs oBLIoUE "YEs' AND SUG-
GESTIvE QUESTIONS.

.,a,,ace is composed Of members Of the legal pro-
s-ss,on who drop In TO study the methods OF the
r,.sers engaged IN the case They must be struck
rb the fact that the most evident method Is pro-
".,,or Great lawyers never hurry. Their move
rents are marked by elaboration and camness
-.r sav what they have TO say In as many different
80 az nosslble II takes them a long while to col
-, ,ho,r thoughts; whether because they have so
.nv or so few to collect is, perhaps, best left un-
sonsidered Young Mr. Hliton's examination extended
over four DAYS MIR. Root examined him INST Oh
h.hsf ~ the executors. and he answered freely fully
and explicitly. Then Mr.. Choate went al MIN lot inc
Contestants and he became warm. tired and pensive-
rhar Mr. Root essayed straighten out the tanges
-A,oh NJ choate had succeeded in making and Mr
Nsh VIM represents Bishop Ltleiohn and the Garden
cuv Cathedral Trust, endeavored to assist nlm MI
milton frightened up and did what he could 10 set
htr,sef straight whereupon Mr.. Choate again nnoer-
took 10 get him crooked. He oadgered him. taunteu
him. got him angry, oiled him down. twisted MN
cain and finally lot him 60 Mr.. Hilton said that
nsvsr IN his life had Mrs Stewart given him dollar
That's A pIty He ought to have had something TO
him for the tortures he was subjected TO
me- Mr. Choate. II she had presented him with cool
million she would not have done too much
On the whole he was q good witness, astonishingly
ready with dates, full and positive In his statements
a, fact and fairly cool under the relentless fire OF MI
cboate He was one of the witnesses of Mrs. Stew
ats will His father, Judge Hilton. drew 1t and he
coned the draft and went with Judge Davies TO Wit
ness her signature. His description Of this scenc
WAS droll In some respects, especially In the pains no
took repeatedly to Insist that everything was said on
al s,dcs In firm clear voice. Judge Davies wac
Arm and clear lie was firm and clear, and as for
Mrs stewar her frmness and clearness were qul1e
past believing The wonder is that the servants were
not attracted TO the by such earnest vocal energy
The relations OF Mrs Stewart with Judge Hilton ana
his family have this peculiar effect they are al once
source ~ strength and Of weakness TO the Will; OF
strength because such trusts as she reposed
IN him are explicabe only on the theory that She
gave him her complete confidence and Affection ana
Of weakness because they render the ascrlpuon OF
sinister motives exceedingly easy IL was theIeioro'
Of the first importance that he should brng then out
prominently and in doing he had to SIT quietly anu
take the grin and suggestive satire which MT Ohoato
shot at him. The Judges family is large ana young
hilton explalned that they all on the most n-
innate and cordial terms with MIS- Stewart She dlned
and hncbed constantly at their houses and they at
hers She seldom went out TO drive without some ono
Of them The Judge saw her usually twice every day
and they were all with her more or less continuously
aIn fact said Mr.. Hilton. "we were like members
Of tho family"
@You of her family, or she OF yours y SAID MI
cboate in tone that meant it's all the same whether
you answer or not
As the result Of his statements the witness had 70
endure such questions as this
How came # that the intimate relation Of Mrs
Stewart and the combined members OF your fathers
family was not permitted to be interrupted during the
summer7'
Mr.. Hilton WINGED at the phrase " combined mem
berss wherefore Mr.. Choate employed it thereafter
with great frequency The question, as was intended,
elected the information that they all went to Saratoga
together In the SUMMER"
yes said Mr. Choate, oblquey. He has two
ways OF saving yes" One IS with an obque rising
Infection whereby be signifies that be likes the way
things are going. The other has sharp terminate
accent and means that he is not content. Yes he
said oblIauely, q and when you made your annual
migration 10 Saratoga you always took Mrs Stewart
along chs
II Is impossible not to admire Mr. Choate's I'M
nerturbabe cynicism II must be very effective with
iuries lie did not succeed, when you come TO read
the record in breaking the force Of any OF young Mr.
Hlltons testimony. 1t afforded Intelligent stragn'
forward proof SO far as 1t went sought to co. OF
Mrs Stewards mental soundness and It explained her
trust in the lifelong friend OF her husband But STILL
Mr. Choate often placed the witness al seeming dsa
vantage by his dainty sneers and welI-bred inslnu-
atons letter put in evidence for instance
BY Mr. Root written By Mrs Stewart to Judge Hilton
few months after her husbands death, referring with
the deepest emotions OF gratitude to the Judges abor
in her behalf It was warm, womanly, affectionate
note Mr.. ChOate's face assumed that cShioai ehi"'
as he read II over
DO YOU know Of any labors.' he asked, winch
your father had rendered Mrs. stewart ~
"Certainly he had taken charge of the settlement
Of Mr. Stewards estate"
ayes ~ (oblIquelyl but what thing had he done
during these three monthsP
30, ! can't name his various acts
ealf ne mill dOllaF
IIs had received It,"
swhat!p lin tones OF amazementl. Don't you
know that that million dollars left him as paw for
his work as executor, and yet he took it before Mr.
Stewart three months deadl'
Il didn't say he took It,"
Then how did he get iii
Il saw his receipt to Mrs. Stewart for it. I sup
pose she paid t'
"Now, Mr.. Hilton don't you know as matter of
fact that she had dollar in the world after her
husband died except what your father allowed herr"
@No, don't'
"Ddnt you use to take her the allowances"
81 often drew money for her."
"who gave it to youl"
@Father7
sYesl (oblquey). How ofteni'
90, whenever she wanted it once or twice a week.
She told you She wanted some money and you went
your father and got 1t. is that 1t 2"
THAT'S it.7
Did she keep a bank account ?"
81 don't know"
"sVear to that?
al am under OATH
when her niece. Miss Smith. married Mrs.
Stewart gave her wedding present, didn't she 2"
81 believe so.'
1t was check for money, wasn't III"
SYes."
Whose check was 's
AN executors check"
And she gave executors check because she
wasn't allowed TO Keep a bank account Of her own,
didn't she 2"
y know nothing about that
Well, come back to the services rendered by your
father during the three months after Mr. stewards
death Besides possessing himself of his million.
dollar legacy, hat else did he do for Mis- Stewart
70 command her gratitude ?"
Now, that was the question up to which he had been
esong all along, and he shot It forth as a hornet