davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
FOR THE STEWART MILLIONS
MRS SMITHS SUIT AGAINST MR. HILTON.
LEGAL ARGUMENTS BY PROMINENT coUNsEL-THE
Points RAISED.

LEGAL ARGUMENTS BY PROMINENT coUNsEL-Ihh
POINTS RAISED
The eminent counsel engaged In the various branches
n. tbc litigation I'm regard to the fortune lett ny MIS-
Cornclla NJ stewart appeared yesterday Deiore Jus
flee o'Brcn in tho Supreme Court special Iefm'
A discussion occupying several hours TOOK place on
mo,ion in the suit of Sarah Smith against cx-Judgc
Henry Hilton and others In which suit sho scehs W
have set aside tho transfer Of the drygoods business
,o tbe urIncIpa defendant; to have him and Charles
clincb removed from thcir positions as executors on
the ground of mismanagement OF the estate 10 nave
the deeds of other property set aside 10 cohpe en-
Judre Hilton to render accounting OF MS trust anu
NJ the rropcrty under his control to have receivers
,nonted and 10 have the proceeds distributed among
tbc heirs The motion, which was madc Dy Edihu
Root a few days ago behalf of ex-Judge Hilton
w IN have stricken out portions OF the answers OF the
other defendants among whom arc included all the
na,tioe Interested in the WILL He argued that these
answers were lmpertncnt and thnt thcy introduced
elements into the which required his client IN
effect TO defend half dozen suits rolled INTO one
FxJudce william G. Chostc. representing three
balfsstcs and several other relatives of Mrs Stewart
atod that there were other frauds besides those named
g., tho complaint of Mrs Smith and declared that his
clionts had perfect right to interposc the answers
that they had put in as they not satisfied with
tho will Ex-Judec Hilton, he said, was bound 10
rctnrn everything that he had obtained from Mrs.
Stewart.
rreadwell Cleveland who appeared for Prescott Hall
Butler and his sisters asserted that within twenty
four hours after the death of A. T. Stewart. ex-Judsc
milton had obtained $4,000. 900 of property from
Nre stewart who was old and feeble. The frauds were
numerous and their elimination found In the VIII
offered for probate. His clients were not bound TO
accept the distribution under this VIII DchcVihs DIS
they did that it was fraudulently Obtained
n W. Devine. counsel for Mrs. Smith, INSISTED lhat
the Judgment which she was entitled to should no, We
,oIor ad
He opposed the motion because II 1t was grained an
appeal would follow and great delay must result
Joseph ii. Choatc. appearing for MISS kOsane
Butler who Is contesting the Will, SAID that MIS-.
stewart had been induced by her legal adviser 10
make will leaving everything TO him and there should
be an opportunity show the truth OF the contentious
set up In the various answers. Elihu Root ana eA,
Judge Leslie W. RUSSELL who is OF the counsel OF
ex-Judge Hilton, closed the discussion TSe decision
was reserved
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
THE COURTS.


WANTING TO EXAMINE HENKY WILLARD.
In tho suit of Henry Willard, the Wall Street Imam
cier against Phebe ii. Chase and Frank W. Angel as
executors of George X Chase TO recover S33775 and
Interest from October 10, 1885, the value OF 700
shares of Oregon and TranscOntinental stock alleged
to have been loaned TO George *. Chase, General
Clifford A. H. Bartlett, in behalf of the defendants,
applied Justice Dugro OF the Superior Court, for an
order requiring Mr. Willard to be examined prior TO tho
service Of the answer. Mr. Angel, In affidavit,
says that Mr.. Chase who his intimate friend in.
formed him that In 1882 and for several years sub
sequent thereto Mr. Chase had business relations and
transactions with the plaintiff Individually, and as
president of the Northern Pacific Railroad Company
and in fact Mr. Willard IS indebted to Mr.. Chases
estate I'm amount larger than his claim in this suit
An order made directing Mr.. Willard appear for
examination, but account OF an infOmalify lt was
yesterday vacated 1t will be renewed upon the appl
cation OF the defendants lawyer.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
NO BggR. Bur ALL TIE BETTER Fun.

Thu annual sophomore triumph over Les s,aan,,,
Columbia College viii be celebrated on Monas, ~.
june 4, ON the college campus 'ofSnn o,,es ~ ths
companed by band will begin tho cerenioi' " -.
evening. marching from the campus down 's,s "a
TO Thirty. fourth.st. TO Fifthaye 10 aso,ees
Madison ave-, and back to the college i"e w r
there will consist OF poem by inc N Raves;
Warburton; a speech by the I" carnfeA' y, ~, 80
tho burning OF tho hated mathematical o0or s,s
with music and fireworks IN tho Intervals Inc
decided to have no beer connection win me
a. has been tho custom in former years n' s.,,a,n
-, ~ 'I wa,n,,,on q y. u. Rowe @. r. Blocker. = =
pvtoureo. "a T. Este. NJ. T. Dosers. j. s. Fi'Es' =
Crane and IL. MspcA
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
BLoomryGDALE ASYLUM TO BE MOVED.

Some months ago It published IN Tho Iripune
that the Boomingdale Asylum likely to be moved
to White Plains and recent rumors seem to indicate
that the prediction is soon to become reality. Tho
members Of the asylum committee who were seen by
Tribune reporter yesterday all Acknowledged that
was only matter of time when the move to the farm
at White Plains would be made. Merritt Trmble said
tho asylum authorities expected to move there when
It became necessary present he would not deny or
confirm the report that move was soon TO be made.
william Turnbull another member OF the committee,
who f. dealer In woollen goods at No. 81 Worth.st,
said when asked TO confirm or deny the report What
is the use Of my confirming or denying TT"
"Then It Is true that they have decided positively
10 move TO White Plains but that the committee has
taken no decided action TO the time the move Is 70
be made 2" suggested the reporter.
"That is exactly IT," said Mr.. Turnbul-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
,ion Ups IN, toric profss or Brown. Of The Unioi
snninarx. hrin. one Of Tbs princlIal spcakcrs
TEMPERANCE AND ,UNDAY OBSERVANCE
THE TWO MAIN QUESTIONS INTuE SOUTHERN GIN
rgAL ASSEMBLY.

TEMPERANCE AND UNDAY OBSERVANCE
THE TWO MAIN QUESTIONS IN TUE SOUTHERN GIN
rgAL ASSEMBLY.
baltimore May 10 (s,ccial-Sabbath Observance
and tho temperance question were tho principal TOPICS
discussed by the Southern Presbyterian General AZ
scmbly to-day. Tho report of the Permanent 'oih
mttec on Sabbath Observance was road and rcicrrc"
TO a special committee Many of the reports rom 'ho
psbytcrlcs mention the Increasing frequency OF sun
day excursion trains and also the growing practice with
many railroads Of selling special rate Sunday tickets 10
induce greater travel on that day. Many complain OF
the secuarizng lnfucncc of the Sunday newspapers ID
the larger cities and the greater %
travel.
The temperance question was introduced in the shape
of resolution that the Assembly place Itself on record
ono way or another tho subject Judg, heishen
said IT was timc that the question should be met py inc
Assembly Tho evil Of intoxicating liquors was sweep
ing thousands of people annually into premature graves
and the Church should its influence to stay TINS
cvn. d.. smoot said II committee were appoh'eu
on temperance, he wanted to include smohihs'
chewing and snufHng, eithcr in pubic
or private Tho previous question was
called, and 1t was ordered that committee on
temperance be appointed to report at the next annual
meeting Of the assembly.
By vote of 70 to 6s Chattanooga, Tenn, was Sc
lcetcd the place for holding the next annual session.
Wilmington, n. c., being tho contrasting CITY LEG
Rev. S. A. King, chairman Oh inc JuuclarJ O" ~,
reported a recommendation that the complaint Oh W.
T. Russell against the Synod Of South Carolina DC
heard by commission to be appointed By the mod
orator The nature of the complaint, DR.. King SAID
was not well understood But Mr. Russell had pceh
deposed from the cldershlp OF the church at spartan
burg S. c., and whatever the trouble was Dctmvrn
him and the synod, the commissioners would be IN
formed The receipts for homo missions IRON c sIe
tributIons and other sources amounted 10 SIoIo
and the disbursements s5s.o4s, leaving balance on
hand April /, 1885, of $13 1855 The report 90, ., ,ne
Committee on Foreign Missions shows thst a. nao 10
ceips from all for the year were $50 o4o DO
This is SOG7 than tho receipts of any previous
wear Nine missionaries have been added to the force
In the field. -Four and important stations nsEo
Nagoya in Japan, and Using Kang Pu, In China ne
contributions of the churches at home have Savs
advanced All appropriations to the mission haso
been fully paid No debt rests on any part OF ,nc
work. and the closed with balance n tn that be
ury Professor James Woodrow said to-day that ITO
had but little hope of the assembly deciding MS con
test in his favor lie has many friends III 'n'
assembly but tho majority are against Nun.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
nrrrnuyrD TO NAVE THEIR GABLE YET

The decision rendered by the General Term Of the Eu
pree Court on Friday, tha Justice Paterson hac no
substantial legal grounds fer granting maniamus d.
reeting Commissioner OF Public Works Newton IN gve
the Third Avenue. Railroad Company permit
to make excavations it, fcCr for the purpose o. SUP
sttung cable traction FOR horse power, has not dis
couraged the officials OF that company or destroyed thei
Lauerbach counsel for the company, said yesterday 10
Trbuoe reporter: Judge Grover used ray that
whcn the Court OF Appeals decided against you the oaly
thing be 10 50 to the ncares- tavern aad
swear but VIC are swearing yet for have not been
TO the Court OF Appeals.
There are two things left for Us % d.. Our charer
gives power any motive power the Toa1 OK
cept We claim, and Justiee Paterson agrcoi
With US, that the OF cable traction the use OF
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
JAEHyE STRIKES AGAIN FOR LIBERTY
HE THINKS TWO YEARS IMPRISONMENT SHOULD BE
THE LIMIT IN CASES LIKE HIS.

Fx-Alderman Henry ". Jachnc, after waiting over a
year after the decision Of the Court Of Appeals was
given against him, has begun further proceeding
in an attempt to obtain release from imprisonment
A petitlon for writ OF habcas corpus and certiorari
was filed by Jaehno yesterday in the United states
Circuit Court. and on motion of Roger NJ Sherman
and Joseph A. Thompson, his attorneys an order
was obtained from Judge Benedict directing tho
istrct-Attorney to show before the Circuit
Court on May 20 why the writ should not ISSUE
The petition on which tho application for a writ
is based recites the fact Of JacLne's conviction OF
bribery and his sentence May 90 1856, to I'M
prsonment in the State Prison for nine years and ten
months. The petition continues: The only author
fly OF law for said sentence upon said conviction Is
statute OF tho state OF Ncw-York passed July i,
1882 known as the Consolidation Act, and especial
ly the 2143d section thereof by force OF which tho
Penal Code otherwise inapplicabe, is made to apply
to said offence and thereby tho said offence Is made
punishable although committed before the Consolida
ton Act took effect as well when committed after,
ndlfercntly and lndstlnguishably, by maximum I'M
nrsonment OF ten years state Prison. whereas, BE-
fore that act took effect said offence was punishable
by maximum imprisonment in the pententiary OF
two years. Said provisions OF law are entire ana
can only receive effect by construction which
operates TO increase the punishment and burden OF
crimes committed before their enactment and de-
claed operation and effect said law Is therefore ex-
post facto and void under the provisions OF the Con
stltutlon of the United states and cannot IN any
manner Justify the Imprisonment of your petitioner
Jaehnc says that he has served tho full term OF
two years less the deductions for good behavior lie
has exhausted every remedy under the state laws
He therefore asks that Warden Brush. of the state
Prison. be directed 20 bring him before the unlted
states Circuit or supreme G0n anu a roo ami o
certify the Circuit Court the record OF the proceed
ngs by virtue of which Jaehne IS held me order
TO show cause served at the DiStrict-Attolney
office late In tho day.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
THE LICENSE QUESTION AT ATLANTIC CITY

Atlantic City, N. j., May 10 (speclaD.-There is a
strong protest against the Of overhead electric
wires for the street cars and it looks as If Council
would refuse to grant the privilege.
Councils were liberal and sensible in charging but
$50 license for the opera 1t will be opened
by the Emma Abbott Opera Company.
Philadelphia detectives at work obtaining in
formation against saloon keepers who have applied for
licenses.
The assertion that liquor given away last Sun
day has caused looking ovcr Of the law which reads
saoon-kecpcr cannot sell give away with intent
to violate any Of tho provisions of this act under
penalty of 5000 and Imprisonment for term not ex-
ccedng six months with cost Of prosecution, and for
each subsequent offence there is 5000 fine ana I'M
prsOnment for year. In license be so re-
voked. the person to whom the same was granted sha
be disqualified for year nom receiving any license
in this State, and In any person be second time
found guilty and his license be revoked he shall De Tor
disqualified from receiving license In this state"
Among tho New Yorkefs here are Miss Lille DIXON
DR.. Baf0nr, the Rev. Dr. Crosby and daughter, Miss
Ferris, OF Brooklyn; Miss Dunn, of the Cathedral chor
Howard L. James, the Rev. DR.. McGlynn, D. W. Giazef
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
4 nRonMn F0R GOTTA GES AT CAPE MAK.

for cottages is larger than at this time of previous
season.
state Senator Ryburn Of Pennsylvania is doing all
he can to BOOM the Athletic Park
Frederick L. Fratherston, business manager Of The
Philadelphia Evening Bulletin is occupying his cot
tage for the season. Charles X Burns also occupies
his cottage NJ. Hall Stanton and other Philadclphans
will come down next week to take possession of their
cottages.
1t is probable that before long people from the
South may come to Cape May direct by way of the
Delaware River and buy the Baltimore and ONO
Railroad and the Of the steamer Republic are
at tho head Of the project
1t is understood that tho Stockton House was pur,
chased to-day by Joseph Patterson of Patterson and
Crane liquor dealers of Philadelphia and William Is:
Kempton, of Merchantville, n. j. The price is said
TO be over 100000.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
THE REWARD OF ASsJDUoUs srDDy.

The following members OF the graduating class the
School Of Arts OF Columbia College have received fellow
ships the faculty viii be publicly appointed fell
lows at tho commencement exercises June 13 Sci
enceh d. Ewing ana Percy f. Hall in Leters-Charles
S. Baldwin, ID. d. Woodward and G. II. Young This
viii secure salary OF 5000 for three years while
pursuing postgraduate course In the college, and while
rendering whatever assistance the different professors
the departments TO which they assigned may require
c. H. Young will In addition to this receive $50 prize
which Is given yearly 10 tho faithful and deserving
member Of the graduating class Mr. Young has led his
class for four years and VIII deliver the Greek Sautatory
at the commencement excrciseA
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
ppoOKLYy MAN MISSING.

lanes LYONS a wealthy Brooklyn business man,
has heen missing since Tuesday from his home First
St near Fifh-ave lie left home that morning to go
TO the real estate office of Hin sharp to attend to
the purchase of real estate in which he was In
tere,,od After remaining there for short time he
went 20 his factory in Ferryst. in this city, From
there he went to the cogandtst ferry where ne was
Ills wife is much worried over her husbands ABSENCE
Tor which she can assign no cause
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
mrs OF LEGAL NEWS.

In the suit Of Little Co.. printers against Charles
T. Webster & Co., the publishers Of General Grants
Memoirs for the reformation OF their contract to do Tho
printing 80 as to give them the work in all the volumes
that are issued and for 1000 damages for breach o.
contract Justice Vann, in the Supreme Court Special
Term decided in favor OF the plaintiffs An appeal
taken 10 the General Term. which has affirmed the julg
ent a TO the damages but has reversed that relating
the reformation tot he contract
Justice Lawrence, in the Supreme Court Chambers
yesterday vacated the attachment obtained by James H.
Mcyieker of Chicago against ltalo CampaDnI the
tenor on claim for $500 for breach OF contract to
hire Ncvicker,s theatre In Chicago. Campanni filed
bond 70 secure payment Of any judgment that may lie
obtained against him.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
,v1ys WILL TESTIFY FOE HIMSELF

The Commissioners OF Accounts had received notice.
up TO the hour closing their Office yesterday that their
subpoena had served upon Maurice b. Flynn TO ap
pear at 10 80 a. and testify in tho Ivins
Investigations The report was that Mr.. Flynn was In
Richmond, va, but might return to New-York today
Commissioner shcarman said that all 80 books and rec
ords public and private OF every kind and description
pertaining to the case had been examined and that the
Board was only waiting for the oral testimony to close
the case lie thought it probable that Mr.. Flynn would
return in tlmc begin his testimony tomorrow morning.
City Chamberlain WINS 1t is said has determined TO 20
upon the stand whether specially summoned not ano
swear In his own defence. .,,y
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
S65 BROADWAY.
THE MARQUIS DE MORES COMING BACK
HE FOUND INDIAN TIGERS EASIER TO OVER
COME THAN AMERICAN BEEE: BARONS.

HE FOUND INDIAN IIUEIsS EASIFK To UVtfT
COME THAN AMERICAN BEEF-BARONS.
The enterprlsing but unfortunate Marquis de MoreS
OF beefpurveyng fame, who has been hunting Bengal
tigers all winter his way back from Indian Jungles
10 this country. In letter just received by his coun.
sell Mr. Chandler OF DILL Chandler Seymour, he
he would sail from Calcutta on April -, ana
expected to arrive here about the middle OF June
Evidently the MARQUIS has had q most enjoyable and
successful winter OF IT, with enough exciting sport 70
obterate all recolecons Of his trying experiences a.
q rival OF the Armours
At the time OF writing he said that he had Just gov
back from a hunt in Nepaul lie was accompanied oy
his wife and the Due de Orleans other seions
OF European nobility. The party killed twenty'one
tigers. 1t was one of the biggest bags on record
writes enthusiastic Marquis and four OF tho beasts
were killed by the Warehouses
1t is understood that the Marquis intends to settle
down here and go inc business again. Just what line
OF activity will engage his attention has not yet been
made known but he will give the beeftrade wide berth
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
unS PARNE11 AT ZEE ooUXTRY PLACE.

Mrs. Parnell left the NewYork Hotel yesterday and
went to her country seat In Bordentown' NJ D.
which was fitted up and prepared for her reception
during her absence She looks several years younger
than before she left her native land She Is accom-
panied by a dapper young man OF twenty-one, her
grandson who is named Alfred Tudor McDermott.
He came from Ireland with Mrs. ParneI and VIII
oo back IN ireland when he has time 10 see what
America is like In reply TO the statement that Ed
ward l.. Stewart, her alfbrother, had filed bills
in equity against her in philadelphia court asking
her TO account for sums of $500 and Si5s0, which
are alleged TO have been given her IN trust aud that
have been issued against her property IN
pbiladelpha in consequence, Mrs. parnell said; 81
owe them nothing at all have pam over thousands
IN me-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
THE UNITED LABOR CONTENTION.
DIR. MGLYNE AND GAYBERT BARNES PLEASED WITH
TIE PLATFORM AND CANDIDATES.

THE PLATFORM AND CANDIDATES.
Tho United Labor Party delegates returned yesterday
from Cincinnati where the Convention for the nomna
ton OF Presidential candidates was held DR.. McGlynn
expressed his complete satisfaction at the result o
said that in tho conference with the Union Labor
everything went smoothly except when II to tho
question Of tho taxation OF land values and that plank
the United Labor people could not, under any crcum
stances, abandon. He was certain that tho United
Party's candidates would receive large vote.
Gsybcrt Barnes said that he looked upon tho whole
affair with complete satisfaction. "The PLATFORM" no
sad Is explicit in It's statement Of doctrine, and
Will be great means OF educating the voters in the
principles We uphold. 1 am convinced We VIII poll a
phenomenal vote. Tho chairman OF the National Com
mittce is William b. ogden, OF Kentucky, and the sec
rotary, DR.. Alfred s. HOughtOn, OF Cincinnati where
the headquarters Of the committee are.n
"Was there any wrangle Henry George?
"Ncither Mr. George the Mills bill once re-
fcrred to in the Convention. The young element in
the Union Labor Party Is certainly with us, and will
have surprising vote In New York. Ohio and Kansas
especially. The nomlDaton of Mr. COwdrcy, the head
OF our ticket unanimous. and there contest
al all over tho nomination of Mr. Wakefield who IS a
practical printer and veteran Of the war for tho
Union Tho Convention passed a vote of thanks To
Central Land and Labor Committee, and adopted
another resolution calling upon the nti-POverty
Society in this city to carry on the work in which 1t Is
now engaged
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
MRS SooF1E1DS STOCK rRAvsA c71oys

In obedience 10 an order issued by Chief Justice
McAdam OF the City Court, Arthur VI. Hatch, brother
OF Nathaniel W. I. Hatch, whose mysterious death In
the house Of Mrs. Lillian Scoheld has recently been
Investigated by Coroncrs jury, appeared yesterday
before the judge and explained the stock transactions
OF Mrs Sco1cld with W. Il. Hatch & Co. Tho senior
member of tho firm present but was not ex-
amned. The order ior the examination was made
I'm the suit brought by Marks Jacobs on behalf of b.
|. sOomOn's sons who some time ago procured a
Judgment for $3.50 against Mrs. scOlicld. Arthur
ST. Hatch said that she began her stock operations
through the firm in January 1887. The stocks which
shc dealt in were Pacific Mall Manhattan and West
ern Union. There $4,000 standing to her
credit. Mrs Scoiic1 Is to be examined tomorrow In
tho Eame preceding
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-20
MANHATTAN RAILWAY TAXES.

The Manhattan Railway Company made application
70 the Tax 10 be relieved from
mont apanst its property ground company
had 500 invested ia United States bonds and that
the assessment is Illegal having been made vaua
ton exceeding adopted for the other
similar property The application refused and the
sunrerne Court Special Term granted for ref
erence TO take proof establishing the claim Of the com
pant The General Term has affirmed the action OF the
court below in regard the reference TO take testimony
concerning the investment In Government bonds but de-
cider that an order made by tie Special Term staying the
collection Of 40 per cent the imposed account OF
the assessment was Unauthorized aud be reversed