New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-10
E. ]. DENNING TESTIFIEs.
WHY HE SIGNED MRS. STEWARDS WILL


EXPLAINING HIS RELATION TO JUDGE HILTON AND
,,ys srwArr-SEARLY THIRTY YEARS IN THx
STORE. 40,
2 rb. examinations OF witnesses in the Stewart VIII
case In the surrogatcs Court yesterday related rather
l.s m particulars about deeds and transfers and COD
tells than on the two previous days, ana "ete oh'
ouenty moro interesting. At the opening oiine oour'
! Henry Work. who occupied the witness stand during
Monday and Tuesday, was recalled ana amer snswer
Ing q few questions gave p~oo W I"""" ~ -
Mr. Choate then said:
ssAed you on your previous examination as 70 the
receip OF Judge Hilton for his legacy ana you
s.d Won had seen Il in book Look In this Dook thas
,s here now and see II you identify the receipt
What is the book Alt is'marked Estate C. NJ ST.
10 l." .
The witness found that the receipt was the first
thing in the book 1t was signed Henry Hiison,"
and was an acknowledgment Of $ooo,Ooo' tno
amount payable under the will Of A. T. Stewart. ~
was dated April IA 1870, and the body OF 1t was, tho
witness said, all in his fathers handwriting cues.
ton next arose rs to how this legacy was paa ana
the counsel for both sides agreed with the trouble Oh
producing evidence that the transfer to 9ndeo h'on
of Mr. Stewards interest in the firm OF A. l. s'c"H'
Co. was the only payment of 1t that was ever maze
After some questions about other checks In inc ooos'
Edwin j. Denning called to the stand, ana 10 an
swsr 70 Mr. Roots questions testified substantially As
follows:
live at No. East Ninth-st. and am dry gooos "er
chant have lived In New-Y0rk since 1850 sno khe"
Mrs Stewart from that time till her death ma my
signature on the last page Of the will and codics wmon
vor shov me- . On the morning that witnessed that
codci was Office in the store AZ hroso"@y
and feminist to pass over to Judge hii'ohs ooe
found there Mrs Stewart, Judge Hilton MI hns'c! anu
Mr. Rice. Judge Hilton remarked that MRS. stewart
.,s,ea me n uttuess her will Stewart had these
napers In her hand turning over the pages
Hilton then asked Mrs Stewart If she unders'ood 'hs
paper and said that she did Mrs Sewars sat down
a. Judpe Hilton's desk and wrote her name. Mr. Nce
asked II 1t wish that We should upseHoS ~ wiz
Masses and she anwercd yes and we signed
Mr. Root-You may state whether Mrs Stewart " ~ OK
sound and disposing mind A-Perfeety; she was always
very intelligent and she wss under no restraint
Mr. Choate cross-exsmined the witness
o.-where were you April IA. 1876 the oT aiper
Mr., Stewards funeraq Ain the store AZ broadway ana
Ninth-st
o-You were in charge Of the store Al that time ana
there WAS no one 10 whom you looked SUPERIOR A.
Yes Judge Hilton. even during Nh. s'ewsfVs me-
almost the TO Mr.. Stewart
o-Do you remember Judge Hnton's coming and taxing
formal possession of tho store on April loY A-Thefe
was no formallty Judge Hilton we understood was MI
Stewards successor
o-Undersiood from his telling you SOL A--No ou'
I gathered it from what he said.
Odd you ever know MI Stewart to have any books
OF accounts destroyed7 Ayes, such had in oui
delivery department that were Of no further use
There was a good deal of testimony TO the various
firms by which the business was carried on after IN
death of Mr. Stewart and the court then ook the Gus
Dcnning said that he did not know whether the ~
ventory OF the account Of stock Of April 1870 was
existence or not and long eXamipatlon followed II
regard TO the destruction from time to time OF books
no longer of use.
o.-So far you know, Mrs Stewart had no knowieds
CT the business A.-N0.
ODD she ever your knowledge look into bool
or paper pertaining the establishment A.-No.
O-was there any part Of the establishment to whicf
Judge Hilton for the prior to April ID, 1879 hsc
not complete access3 Ale was the only excoy
Mr. Stewart that had complete knowledge of all this
ramifcations. f
After some questions as the manufacturing carrie
on by the firm, the adjourned till Monday a
10 80 a.