New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-16
MRS. STEWARDS WILL.
HENRY G. HILTON AGAIN A WITNESS
TIE TELLS ABOUT TALKS WITH MRS. STEWART THAT


he TELLS ABOUT TALKS WITH MRS. STEWART THAT
BEAR on THE CONTEST.
The testimony In the Stewart will case IN the sur
rogates Court was delayed little yesterday morning
by some Of the counsel having to attend the special
term OF the Supreme Court, where the case Of Smith
against Hilton and others came up before Judge
O'Brien This case was set down for Thursday, May
"a, and when the lawyers returned to tho Surrogaes
Court Henry c. Hilton again ok the stand and kept
ID all day There nothing Of startling interest at
the morning session. The witness answered q good
many questions about his connection with the bust
ness Of A. T. Stewart Co. and the other firms Of later
date, and especially to the mills controlled By the
firms.
witness any destruction of booksi ANo; sent books
that done with in my department down stairs and
understood that they destroyed
The witness said that for years he was in The
habit Of calling Mrs. Stewart nearly every
morning
Odd you have anything to do with Mra Stewards
NALL A-No
o.-was your habit Of calling on Mrs Stewart .
means Of communication between her and your father
ALI she had any message for my father I would
certainly carry it.
Tho witness again testified as to the occasion when
no witnessed codic to the will, and spoke Of con-
versaton at that time between Mrs. Stewart and his
father, of which all that he heard the words Of
his father: "wel have your own way.'
MR.. ROOT ASKS SOME QUESTIONS.
After the recess Mr. Choate asked questions on
points Of business, and then Mr. Root took the witness
In hand. Mr.. Hilton said that his morning calls on
Mrs Stewart began about the time his brother went to
Europe. During these calls Mrs. Stewart talked about
various matters and asked the witness to do certain
little services for her. such for instance as buying
boxes at the theatres.
Q-Do you know that she went 10 the theatre after
yeu had bought the boxesi Ayes I have been with
her great many times. She had box at the Metro
po.itan Opera House, ami have been with her.
Usually member of the Smith family with her.
Odd she appear listen to the playf Ayes,
and she often talked about It the way home, tho
next day. She used to be very fond Of seeing Lester
wallack
o-Do you remember her talking about other subjects
than the theatre when yoL made these callsf Ayes.
remember her telling about the Vanderbilt will suit
o-what did she say about itl A.-She dsspproved
Of IT. she couldn't understand peoples conestng wills
(Laughter)
Odd she say anything to you about the transfer
Of A. T. Stewards share in the business Of A. I.
Stewart & Co. to your fatherf A.--She told that
Prescott Hall Butler and Judge Lawgence smith asked
her II she knew what she was about and she said she
knew perfectly she doing it at the request of her
husband who said that II anything should happen TO him
the business was to be the Judges
o-How did she speak OF her husbandf A-She al
ways spoke Of him In the highest terms she usually
called him Honey"
Odd she ever talk about her husbands feeling
toward your fathorl A.-She said that he always
looked upon my father and advised her to follow
my fathers advice in every way. o..
A. T. STEWART AND THE HILToNs.
After few questions by Mr.. Divine, Mr. Choate
again cross-ex mined the witness.
OWN you ok the time when Mrs. Stewart spoke to
you Of Mr.. Stewards regarding your father as son
Al think about February, 1881.
Odd she say that Mr.. Stewart regarded you and
your brothers as grandsons9 A-Not that remember
have heard her state that Mr. Stewart was very Ioh VI
all the members OF our family.
Q-Were you familiar with the Will Of A. T. Stewartf
Al had read 1t In the papers.
o-And you knew what 1t said about the busnessf A.
think did
The witness repeated Mrs. Stewards statement that
the transfer of the business was in accordance with
the wish Of her husband and that the last time he had
mentioned 1t was Just before he died
o-And did she say that she intended to go directly
contrary to his written Wilt A.-She said nothing
about the written will
Odd you call her attention 10 the fact OF what Mr.
Stewart had said his written will? A.-Certanly not
Q-In that conversation did she make any reference to
the power OF attorney that she had given your father
A-No.
Odd she tell you that she had always followed the
ADVICE Of the Judgs A1she has told me that she had
she say in connection with the transfer Of
inc OH What Connections An the connection that
she was following the wishe. Of her husband. .A.
Q.-Mrs. Stewart was sympathetic woman, was she
o-Her affection for her husband unbOunded 7
Odd she in all your with. her refer to
anything that she had done contrary the advice Of
Judge HItonl
Objections to the question were raised which were
finally overrued but before satisfactory answer was
obtained the Surrogate announced recess TILL 1O 30
this morning.