New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-15
WAS Mrs. A. T. STEWART DEALT
MR. cHoArE cRoss-ExAMINEs MR. PICE
ZEE WITNESS ASSISTED BY Mr. HILTON 0o'''
WHO MAKES SEVERAL OBJECTIONS

xuE WITNESS ASSISTED BY MR.. HILroNs CooNSh'
WHO MAKES SEVERAL OBJECTIONS
Where is the great Roscoe?' asked MI Choate
n surrogate Ransom's courtroom, when the hahus
sf the big clock indicated 20 minu,es i" -
Five minutes later the great Roscoe slaikeo III,
.nd With him came ex-Judgc Hilton. With mild
..vsr;tv the Surrogate hoped they would not keep
the court waiting again. Henry H. hice' 'ne
lawver and confidential agent OF MI Hilton was
sesin placed on the stand and through nun hr'
(yboate began his second days task OF digging
- ,h. oreat Stewart will case, by saying:
N, Rice since the adjournment yesterday have you
sonvcrsed any person about this case
have not sir
When the hunt for documentary evidence was
resumed. Mr. Choate asked for the copartnership
articles of the firm formed Immediately AFTER the
death of A. T. Stewart. 1t was fshed out OF q
bic bag and handed TO Mr. Choate, who passed
It on to the witness.
Look over that and tell me If you recognize
the hand-writngp"
Mr. RICEs ACQUAINTANCE WITH MRS. STEWART.
Mr. Rice adjusted his glasses and turned over
the pages and then said he didn't recognize any
thing but the signatures. The document however
was put in evidence Then MIR. Choate framed
his questions for the purpose OF showing thaC
the witness had only slight personal acquaintaDce
with Mrs. Stewart anyhow ana therelore ms
testimony as to her mental h'si1uohV "'S u h''i'
value. 80 ~
recall any specific conversation with heri A-No' ST.
Q.-Nor any time for uon years after his dea'hi
No. sir.
Oh w often during the ten years that elapsed be-
tween her husbands death and did You call upon
hort Al can't tell
o-once five or ten times yeari A.-Prcbably moro
than and more than five times Kept no rec0fu
snd cannot remember
o-How ala you generally receive notice that she de-
sired to psperi A-From Judge Hilton or one
II his
roDd you ever receive rotce that she wanted 20 exc
suite paper during those ten years from any one but
Judge Hilton or on OF his sons Al didn't
Odd you receive from Mrs Stewart any direct
written personal TO attend to execute pape
A.-No, SIR
o-Who went with you when you wero 70 witness Mis-
sewart's sgnaturef A.-Somet!mes Judge Hion's son.
owas any present when you witnessed her sigma
turesi A-Sometimes she alone and sometimes some
ether person there.
Mr. CHoATE EVIDENTLY DISAPPOINTED.
Then Mr.. Choate raised his voice to higher
mitch than he had previously used and with an
expression Of expectant triumph aimed this ques-
ton at the witness:
Was that other person Judge Iiilton'
But the answer was not what he had anticipated
and the expression OF triumph was trdhslerre"
70 the counsel on the other side ,, .r
Never" replied the witness emphaticaiy, l.
never met him there Then Mr.; Nhcate croS IS
examined the witness for half an hour about the
circumstances attending Mrs. stewards signature
of her will at the Stewart store, Broadway ana
feminist November 80, 1850.
Q-Mrs spmew hat dear at thst perou' was
abe noti Al. she nevor knew 1t; Gle always
understood What said and answered me
Alt any timc that Judge Hilton spoke to MIS- Stow
art Gid he speak though talking TO deaf person7 A
never heard the Judge talk TO deaf person. and
couldn't tell how he would do it
Odd she have an csrtIumpct thercf All she
ala didn't see It. i knew that she had one
Mr. Choate then inquired how the witness came
aptar ha A. L.
NJ. Rice said that he entered their employ May
l. 1865 at the verbal suggestion 81 Judge i taSn
the Situation he resigned from the position he
then occupied as an assistant Dnltea stays Dis
trict-Attorney. After the death OF MIS- oIe"oi'
his salary continued the same.
o-sipce the death Of Stewart what services nave
you reudsrcd for your sslaryi A-Ltho sfHr the ola
accounts Of A. T. Stewart Co.. collected all could anu
turned the proceeds to him
Q-Is that ALI A-No, sir. I have done a sooa
many little things Whenever the Judge wants NE " DO
anything him do it. nattor what 1t Is
o-The understanding is that he asks you TO 90 any
thing you shall do It'll AHe never asks me to 90 any
ting unreasonable but whatever he asks me to DO 90,
o-Ths has been ever death o; Mrs STEWART
Ayes sir w.
cir; whatever he asked me TO do did
DISCUSSING JUDGE HILTON's ACE
A question as to the witnesSs opinion OF WHAT
Judge Hilton's present age is was over-ruled AFTER
q little sparring between counsel and ME- hlce
gave it as his opinion that Judge Hilton is a oe
tween 90 and 40" MIR; Choate iaoHeu aSaad
and started an inquiry about the deed executed
by Ms. Stewart February 20, 1861 ~ iS 49, -
Judge Hilton by which lie acquired the stewart
Building at Broadway ana co. Vic
Alteration mentioned being s2,lVU,oOO. IL,
This brought Mr.. Conklng 10 his feet Win
big objection lie said that tue
placed his side III an awkward preoicalnenS
On the one hand, they did not Wish u DC pun ~
the position OF seeking 70 aNold !ho ut tioMS
scrutiny OF all that lies within the PS .Ho
do N a
did not wish TO sit still and let MT; ChOaUe uOaO
as far as he chooses on immaterlal evidence over
the boundless sea Of maSnntionb w.n Sse i of
GROSS animation he did not use the Term OIL
fensiyelv-the witness was made the tlread OF
which is strung great catalogue OF papers wi ~,
yolyed Then he got even with Mr ChOate Ior
Implying by his questions that Mrs Stewart was
deaf and raising his voice TO q hlgn pltcn ne
asserted that she was woman Of phenomenal
ytgor" who never used an ear-trunlpet anu W w
6ay of her death read without spectacles. Inc
ob}ection was overruled and the deed went III
evidence.
o-Do you know Of anybody who advised Mrs. stewart
IN that Transaction except Judge Hiltonf A.-No, ST.
Odd any money pass from Judge Hilton 70 Mra
Stewart the occasion OF the eAeeu'on VI 'N'' P1p
A-Not TO my knowledge. 49,
Mr. Choate had his innings after recess ne
commended that The line OF inquiry ne bad auopttu
was entirely relevant aud proper re Ida f,,e
freest range. The charge made against Juuse
Hilton was that of fraud ana undue jnuueinlcse
In securing the execution OF Mrs. stewart b VIII.
Il was proper TO inquire into all the relations ana
transactions between them. judge milton hau
mre opportunities for the exercise Of undue IN
6uence lie had profted through association with
Mrs Stewart TO a fabulous extent. The day after
The burial of her husband Mrs Stewart executed
a deed transferring to him her whole interest In
the business of A. I. Stewart & Co, the considera-
ton named being $1,000, 600, and IT may appear
chat that 81 600 900 was simply what Judge Hilton
received under the will Of A. T. Stewart. Later
while Mrs Stewards legal adviser, he obtained the
transfer of the Stewart building TO hlmscii, tie
consideration named being 81, 90, 000 and u may
snnearS that none Of that money was actually paid
He argued that it was entire y relevant TO inquire
~ the influence exercised by Judge Hilton over
Mrs. Stewart. oo