New-York tribune., 1888-03-22
STILL PROBING Mr. HILTON
MRS. STEWARDS HANDY DEAFNESS.
rnx CASE ADJOURNED OWING TO THE DIFFICULT
ABOUT THE BOOKS.

one Of those occasions anu 'ne ies'' " .on
to grind in the grcst Stewart VIII case W wy
a. IN. sharp. Edward D. Hilton was again 'ns
,v;,ress little preliminary sldrmish between
Mr. Conklng and MIR. Choate as TO tne is"c'
method Of examination served to clear the heavy
atmosphere OF the courtroom In response to
question. NJ. Hilton said cmphatcany, MRS
Stewart never gave me present in her life"
Mr. Choa,e-Dd she make your father any presenter
Air Hilton ffushing)-I know nothing about thaI
Did she not transfer piopcr% to your a'hsf'
A-The record will show IL such is the "sse'
Then Mr. Choate fished up another document
and handed it to Mr.. Hilton with the Observation,
You don't remember your father aiscnsrs,nas m tI,na
mortgages his property few days aIyer nc @ vSok
You see the date is April 20, 1876. eight days after
that Of the great deed
Mr.. Hilton-Ths refers 10 some other matter some
business Of Mr. Fox, client Of nine
o-Do you that this Is not satisfaction paece On
your athcrs property discharge Of the mortgage On
hs Fsfthavc. house, A-weil don't know IL
not clear the face.
Then Mr. Choate read from the records nth, II the
Registers office, showing that when Jnose, aason
Rathbon, July l3 1874, there was morssagSr. gS.;. 9.
$50, 900 on it, which Judge Hilton assumed. ms
followed by dispute as to wnetner tne mor
gage, and whether the evidence was aomissoie'
LOTS CT sArIsFAc1IoS-PlEcEs
Surrogate Ransom said that he would let II IN,
but it would be of no earthly value unless some
connection were shown between IT ana tnc auese"
exercise of undue influence by Judge Hilton on
Mrs. Stewart. Mr.. Choste then put in two more
satisfaction pieces dated May 8, 1875, Tor mort
cages on Judge Illtons property.
Mr. Choste-Do you not know that your tseners un'
tmprayed property about which you testified yesterday
was nortgaged to the extent Of s1so.e7bf A'-Taefs
were some mortgages don't remember what they "ere
o-Is 1t a fact that within very shor per'oo
After the death Of Mr. Stewart all these noss.s's 70
the extent Of s19e,675. wcro discharseaf AZ ss
remember; 1t is so long ago.
Mr. Choate began an inquiry after the pooRs
of Davies, Work, McNamee a. Hilton, ior tne Purs,
done done for Judge Hilton or Mr.. or Mrs; Stewart.
The witness said that he hadn't Deen soie " se'
the books. .
Julien T. Davies then took the witness-stand
and said that he had given directions that morning
to have his Office searched for the books. anu ~
any such were found he would produce tnem , 70
court. After enjoying this brief respite, M
Hilton again seated himself in the wltnessenaif;;
Mr. Choate reverted TO the Will mr. 1LUon saio
that he had copied the will entirely from memo emo.
randa furnished hy his father staying home from
the Office 10y ICi that purpose lie also copfed
the letter which accompanied the Will Mr. CnoSae ne
made a demand on Judge Hilton's iawyes iof I'm Snc
production of those memoranda, adding that they
had been handed by Judge Hilton to his counsel
Mr. Conkling said that the papers were not IN
court; Mr. Root observed tarttS we h w,n 11Se tSe
opposite counsel If the documents on our tanie
arc to be so closely scrutinizcd' Once Mr Choate
observed, referring to Judge Hilton. He never
he did" replied the witness Mrs. Stewart sent
for him."
Inquiring about the tone in which Mr. Davies
formation that Mrs. Stewart was slightly hard
of hearing"
WHEN MRS. srrwArT WAS DEAF.
awerc you present when Mr. Rice said that
she was not denf'' asked Mr.. Choate. The wit
ness replied that he not, and then ensued
dispute between tl,c Lawyers as to whetSSsr S.; MT;
was deaf Later NJ. Hilton said that Mrs Stew
art had been hard of bearing in Mr Stewarfs
hear Mr.. Stewart speak even though he spoke
in almost a whisper He had not observed that
she grew harder Of hearing as she grew older.
o.-she did not like TO let person kno" that sne
was deaf did she7 A.-No. 1f she watcneo PERSONS
nps she could always tell what be sad
Odd you ever her to make II apparent that
she was deafs A.-when yeope were importunine her
she was sometimes deaf
owere YOU ever present on those occadonsi A.
have been present sometimes whcn people wanted to
get from her something that she didn't want to give
and then she was very deaf tLaushter)
Mr. wSas Ga01ss 1hsd Ms " Su
ness Affairs.
o,-ptd you ever know her to transact any business
during her husbands nfetimef A.-No; don't know
anything about It.
4.
q, anv Kind during her husbands nfetames A-No.
/ don't
o-Dont you that he even went % ar - " 90 nes
shopping for herf A-No know he didn'S
orhen vou accompanied her when she weat shcppihRf
A-No. didn't
Did Mrs Stewart ever 40 irto society A.-Nos -
ciety so called.
Mr.. Root-Sas. .cety. - ,
Mr. Conkling-Not ortho DIX society.
After the ripple of laughter had subsided the
witness replied that Mrs Stewart did not atteno
grand parties. but went out little aItek nef
husbands death.
Tny BaoKs BROUGHT INTO COURT
After recess Julien T. Davies came into court
with some of the books that Mr. Cboate had been
so anxious to examine the witness about But
Mr.. Davies had no intention of letting the boohS
90 out of his control After he took the stand
he said: Il protest against the BOOKS DeinR
nation of any person, for the reason that they
NOT only contain confidential communications
from some people who are parties 10 tne con'ro-
yersy but from other people.
Mr. Choate-win you place the books where they can
he accessible to your partner. MI Hiltoni A.
That decline 10 do. cannot let them 80 out q my
custody. an
Surrogate Ransorn-The books II they Gro Aers, Win
be left the court where they VIII % sceeso's
the and TO no one clse
Mr. choate 10 Mr.. Hilton, who had returned 70 me
sand)-win please refer to the hoeks and
see II the decd by which Mrs Stewart transferred the
Stewart business to Judge Hilton Ia charsco 10 'uoee
Hilton or Mrs. Stewartf
Mr. Hilton said nothing, but looked blankly
at Mr. Davies.
Mr Davies-I decline to part with the eoska OF
allow them TO leave my custody.
Surrogate Ransom-You viii have 70 axe tns fe'V0n'
sibuity OF your position.
Mr.. Davfes-This question has been sprung upon me
without an opportunity decide just what should oo
hope that you will give opportunity 70 conaoef
what my duty myself and my clients Demands -,
Y< liz
be allowed until Monday, when the case Will 90
called again. to consult his conscience and oecioe
what attitude he will take with respect 70 pro
ducing the books, the books meanwhile peang
left In the custody of the Surrogate.
QUESTIONS WITHOUT NUMBER.
Banhed in this line Of inquiry for the time
being, Mr. Choate contented himself with putting
in evidence several satisfaction-pieces showing
how Judge Hilton had discharged mortgages on
bis property soon after Mr.. Stewar's death