New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-08

J.H. WORK pUToN THE STAND.

The FIRST hearing in the litigation In regard to the
will of Mrs. A T. stewart since March "a TOOK place
before Surrogate Ransom yesterday. Tho courtroom
was we'll filed at halfpast 10 With tho lawyers and
Others Interested in the case and With spectators
rreadwen Cleveland and Joseph II Choste were pres
emit for the contestant and ct tho defendants table
sat Judge Henry Hilton and his sons, E b. Albert
and Henry O. Hilton, ex1Surrogsts D. c. Rollins
OF. Attorney General Leslie W. Russei Elihu Root
sx-Judge Gilbert and stephen r Nash.
At the opening Of the court . minute was presented
in relation to the death OF Roscoe Conklng signed by
IexIs w. RUSSELL, Elihu Root and d O. Rollins
Tho whole day was occupied In the examination by
Mr. choate of James Henry Work. OF the old firm Of
Work Davies MoNamee & Hilton In answer to Mr.
Choate's :questiohs.5 he said. $50 g. hN.'-.& -
made the seo uain aoee Of Mrs Stewart In 1874, and
ssw her several times che night Of April H. 1875
when the VIII Of A. T. Stewart probated and July
1877 when witnessed her WILL but cannot say how many
times no, when without referring 70 papers hsd no
perssnsi WITH her April Ii think tne
her in the tan Of 'ss when entered
her connection with the execution OF cred ous
I might have seen her during May or June. Between
then aud July when witnessed her win, saw her sew
era twice In IS and Two or three times IN the
spring Of TT. and aoubaess or two Other tinea
did not witness any papers far a. can recoeo
any prior nor any draft or
copy Of any and have knowledge nor Information Of
any. 80 s.e 't..v
Q.-uaye you o draft Of the will OF '77f A.-No and
never had any. There is box that contains legal
papers, marked ~. T. s., No f."
o-IIsve papers relating TO Mrs Stewart been removed
from this boxf A.-Only FAR as they have been put
among old Giles OF settled matters may have been
lost None has been destroyed Intentionally. All my
partners had 70 the box as well Is myself
MI. Choate asked the witness number of questions
IN regard 70 his relations with exJudge Noah Davis
and bis possible interest In . retainer received by
judge Davis hom Judge Hilton, and the witness
vofp r$eere he stz business
with Judge Hilton was much more direct than that.
o-Then you don't pretend 10 be entirely unbiased
witnessi Al try TO be unbiased, go,
Odd you ever receive any retainer from Mrs Stew
ert7 Any frm received money, which understood
was from her
GOING BACK TO A. T. STEWARDS WILL.
After some further questioning of this sort, Mr..
Choate brought the witness around TO the time when
A. T. Stewards viii was probated In answer to
questions he said
Judge Davies asked 10 60 10 Mrs Stewards house.
There good people there and there was moth
ing the proce "dines at all We there
shout There considerable conversation and
. good deal OF writing. did ome writing myself
Hero Mr.. Work examined several papers and In
dicased certain words in them which were in his own
hand
Odd you observe the condition Of Mrs Stewart at
that ttmei AL recollection Of snyth At
tracing my attention. did not come personally into
contact with her. close enough to have heard any
trix, but heard nothing.
o-whorn did your firm charge services that
casioni Al should the estate Of Mr.. Stewart
At O'Clock the court took recess Of an hour,
and at the close Of 1t Mr. Work again took the stand
Mr.. cboate produced more papers and on many Of
them tho witness identified the signature OF Mrs
Stewart and Others and Mr. Choate offered them In
evidence, tho objections OF Mr. Root being 0verrued
By the Surrogate Among the papers were partner
ship agreement between Judge Hilton and william
Libby transfer of 600 shares of Pacific Mail stock
20 John NJ. Hopkins by Judge Hilton ana Mr.. Libby
without any mention OF concurrence by Mrs Stewart
transfer by Mrs. Stewart, executrix and lcgace,
to Henry Hilton OF 100 shares Of capital stock OF
tho Merchants National Bank, transfer by Mrs.
Stewart Of 100 shares Of the Chemical National Bank
no consideration being mads and decd OF stables
from Mrs Stewart to Judge Hilton
Odd you see any money or any check pass from
Judge Hilton to NrA stswsrs IN connection With the
stable deedi A--No 40 %, "A. o. ..,...,...- .. ..
OIL there had been check or $4,000 In money, you
would have II would you mott ALI 1t had passed
In my presence. should
THE SIGNING OF THE DISPUTED INSTRUMENT
Having brought the witness through this docu-
mentsry wilderness, Mp. Chode came TO the more In
tcrestng matter OF the signing and witnessing OF Mrs.
Stewards will, and the evidence drawn out by his
questions subst antlsy as follows:
! can't tell when FIRST knew that she was to make
WILL but when went % the house knew what was
going for ala know dill went TO the house that
Henry Z. Davies and Edward b. Hilton. 1 did not
know any part Of the contents Of the win when went
in, when l came Only the atteststion clause
read Judge Davies read 1t In rather loud voice, 30
that beyond question Mira Stewart could have heard IT.
thought Mrs had little difficulty OF hearing
without being what Is called deaf / did not understand
that she had convenient heoring." When went In
she sitting at the table with the VIII before nef'
and Judge Davies Or stood close TO her
oDo you recall the substance Of anything she sad shst
day enable you Judge whst her mental eonoiaon
vast A-Not enough 70 lead mo TO judge
Odd you not understand that 1t was your duty Is
witness find to her mental condition. Ayes
spoke her social subjects, and she seemed TO-
self possessed What passed between US was simply an
Identification Of peronally and few particulars as 70
my family When Judge Davies put the formal question
to her regard TO acknowledging her sisnature etc.,
think she said yea and nodded her head too.
o--wss there anything said TO indicate 70 her IL sne
had not known tefore that abe giving Judge Hilton
half her residuary catcf AEohins that Judge Davies
ssked and nothing heard 10 the contents OF the
will restraint and she showed no signs OF any
left the house with E. b. Hilton and We efo Judge
Davies and the will have not seen 1t since that time
TIL this trial
The witness answered questions in regard to
the executing and witnessing Of the codics after
which the court took TIL 10 30 this morning