New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-30
rpr STANDARDIZATION ASSIGNMENT.
n. 8. OSBORNE TEsTIFIEs AGAIN IN REGARD ~
THE CONVERSATION ABOUT THE TRANSFER

n. 8. OSBORNE TEsTIFIEs AGAIN IN REeAhp ~
THE CONVERSATION ABOUT THE TRANsFER-
Ex.JUDGE SMITH TO BE EXAMINED TO-DAY
When Surrogate Ransom took his seat IN ms oOu, y
room yesterday morning at 1880 o'eioch' IN Ino
s,o,rart viii hearing F. s. Osborne, who had been
ON the stand when court adjourned on biohoay'
re- ascended to the witness chair. EAourrosS'o
Rollins at once began rigid cross-eAahli~"on "
Mr. Osborne His questions, together WIN tne suoee,
auent re-cross-examlnation by eA-Attorhey-oonoio
RUSSELL were persistent attempts 70 test 'no 0ou''
potency and the trustworthiness Oh tno WITNESS
testimony The examination, as on the dsy oeiore'
was confined IN tie main the subject OF the con-
versation which Mr. Osborne had testified he nsd
had with Mrs. Stewart in January, 1879, regsrunS
the assignment she had made to ex-Juage hh''n'
The witness was questioned and reQuestioned IS 10
every circumstance attending this conversation ano
minutest details were carefully gone over 1ne
testimony on this side and on that was revie"ou
again and again. The work Of the day was nhe INC
manoeuyres Of an army, now flank movement now
a direct assault at times struggle Tor an aoV All,
tageous position, and again subduea cesS~""A ~
hostltes for conference and consultation
The witness testified in response 70 Quesuohs
nut to him that he had not suggesteo W any ono
tina. he should advise Mrs Stewart fet no ioi'
from the time Of his conversation win NOR S"Ss sn
needed advice He had thought that ms anViOe
Womb have been useless. Mrs. Stewart seemed 70
have every confidence in Mr.. Hilton. he had gained
the trnprsssion that Others than himself nad houghe
az be did about the subject He had never mao any
b,I,efs or dsbeefs as to honesty Or dishonesty OF
Mr. Hilton He had given him the benefit Oh inc
doubt The particular Impressions he had receiver
about Mrs. stewards confidence in Mr.. Hilton ne
ooud not exactly account for as regards source.
some OF his impressions, he thought, came from hr'
Hnton,s own family; Others from that OF MIS-
Smith
Ex-Judge Choate took MP the redirect examination
to bring out some points In favor of the contestants
which had not been fully explained. Ho resented
an intmation by counsel for the proponent that ms
witness had not adhered strictly to tho truth some
lively words flashed back and forth between counsei
and then the case went on again somewhat moho'o-
nously until O'Clock, when the recess was TAKEN
During the hearing Of the afternoon the tesumohy
taken was in regard to a draft of the letter which
Mr. osborne had sent a year ago last spring to ex-
Judea Smith telling him of the conversation which
had taken place between the witness and mrs
Stewart. The witness testified that he had written
the draft or a part Of it while on train In Oheseo'
Counsel for Mr. Hilton endeavored to snow that .h0
sps OF paper gave indications Of having been written
at different times, and that there was discrepancy
between tae tenor OF the draft and tho account VI
the conversation as given In testimony oy tho VII
mess MIR. Choate took his witness in hand, and
endeavored to clear up these points. He wished
to submit as evidence telegram, report Oh inc
press-letter copy Of the original letter sent by a
osborne to ex-Judge smith The opposing counsel 11i
objected, and their objection was s ussnneS it
Surrogate gave permission ior inc eouy might
be received. -, 49,,
Ex-Judgc Smith next called 70 The stand p 1S
as 1t was then near the time OF sa)olIilmen.' 1nS
Examination was only formal. HIS foiauohs anu
intimacy with the Stewart family were being toasaee
upon when the Surrogate aolouheo tho H'~iiNS
until 10 20 a to-day.