New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-23
MRS. STEWARDS INCOME.
TESTIMONY IN THE BIG WILL CONTEST.
Mr.. cnoArE SAYS HE NEVER GETS UP IN THE

Mr.. CHoATE SAYS HE NEVER GETS UP in THE
MORNING IN BAD TEMPER.
The hearing in the Stewart will case in the sur
rogate's Court yesterday was rather remarKanie
for spirited word battles among the counsel IMAM iol
any startling developments OF evidence herper0
Anstey was still on the stand. and there was u
lively argument at the very start when Mt ohoa'o
asked him: "You have no knowledge OF MIS-
Stewards ever receiving dollar OF income eNcepo
the $500, 600 that she received from the urn ior
the rental of property? p
One question involved in the discussion was 'ie
distinction between the witnesses actual Khowi-
edge and his business knowledge" or such as ne
had derived from books and accounts. lie finally
answered.. II have a business knowledge; her
income was derived from many other sources and
it may have been 81, 900, 600 altogether.
oWhat was her income in the last year CT her life y
Al NAV have been $500 ooo 1t may have been more
or IL may have been less
o.-You know do you not, that Judge HntOn claims
that Mrs Stewart in debt 70 hint A-Certalnly.
o-And died in debt him for more than elo0o,Oooi
AIN round numbers IL may have been 100000
There were more arguments on the admissibility
of evidence and the propriety of questions unui
the Surrogate sai:
think tho trouble this morning is that you all got up
In bad temper
MI Choate-I protest that never got up Ia 'ha' COLI
dition in my life.
After this things went more smoothly. The
witness again went the old story OF the fourth
codicil. and Mr. Choate asked:
From anything you had ever heard her say prior
TO morning she might have been Of unsouna mndf
A.-Oh no, have heard her speak with Judge Hilton.
Q.-po you recall any conversational Al remember
Of her admring some photographs
Nh Nash-You have spoken OF BOND In relation 70 the
cathedral at City aware that the cathedral
property and that Mrs stewards reason Tor
giving bond was hesitation to trust religious body
with large sum In cash when IL had no oer pfop-
ertyi Al understood so.
AT the afternoon session Mr.. Root handed Mr..
Anstey several books Of accounts with Mrs; Stew
art Mr. Root examined the witness and the Wit
ness examined the books reading entries upon en-
tries OF sales and rents, debts and credits, nearly
all the afternoon Mr.. Choate often obIectlng, pro-
testing and noting exceptions.
Mr. Roo-whst you find to be the total Of all sums
received for account Stewart from her husbands
death I'D to october o. 1851 ALL, $50 rs.
Q-How much was paid out for purposes which In this
recount are assigned the Garden City Cahedraf A.
s2,7s4.355 n.
Q-How much is assigned to Mrs. Stewards personal
hccountf ASS. s20.727 CO.
Q-Are any charges for commissions or services
on the part Judge Hilton against Mrs Stewards A
None whatever.
Mr.. Choate and Mr. Cleveland asked the Surro-
gate for order that the proponents produce Joh1
M. Hopkins head bookkeeper of A. T. Stewart d
Co., for examination to-day, as MIR. Ansteys cross
examination could not be completed till there had
beer time to make careful inspection OF the
books produced. Ex-Surrogate Rollins objected to
Anstey's examination finished The Surro-
gate granted the order to produce MI Hopkins,
but would not order him to appear to-day.
The court adjourned till 80 this morning.