New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-06
THE CONTEST GOING ON.
rxmJpGE SMITH STILL ON THE STAND.
rrsrryr1Nc ABOUT MRS. STEWARDS PRESENTS

...snon, 90 ,he dav before had drawn many who
were present then to return to hear inc iur.no.
testimony of ex-Judge J. Lawrence ohh'n' 10"
faces also were in the room, ana inc ih'cro'' ~ w
~sr, ,r.s aya,n close and attentive. The witness
80. .ra,n examined by ex-Attorney- General RUSSELL
o,rsei for the proponents did not as on the previous
Asv request Mr. Smith 70 read any more extracts
<rou the diary. He questioned him, however, aoou'
,tber diaries The witness said that be ala ho'
tn,w ~ any others having been kept by members
Of his family that was, such as related to the s"s
.sairs Mrs Smiths diary, he thought was purely
personal one. -, a. show-
ing that he had not been sincere In suppor"ns' =.
not opposing the win until HIS wie's shslo u w
property had been arranged satlsiac'orny' M
Rnssell uuon being reminded by Surrogate hahSon
FRAT his examination was not strictly relevant
returned to the subject of the diary. Inc Wi'noss
I'm reply TO questions, said that nc haa hep. u.n
for future USE Mr.. Russell then examined MN WIN
. view to having him say why, ne 'nousns en- NO ="
the assignment was not absolute, he had maue no
eorts RI take legal action before He confessed tnat
a, .,tsctdne Mr. Hilton he would have endangered
b,s wite's prospects He did not wish 10 maze an
.a.mv Of Mr. Hilton. He thought that the transfer
yas Illegal, and that the courts would not SUSTAIN
m. There was no need to push matters
MRS. STEWARDS PRESENTS.
su-o Mans had suggested themselves to his mind
sne was to take -cton against Mrs. Stewart as oens
az unsound mind This, however had carried no
serious weight with 1t. Mrs Hilton had given ms
wife their homo at No. 537 Fhth-ave ms M
Hilton had charged TO Mrs. Stewart, the convey ao
henr entered In the books costing Sl1o,ooo. MIS-
stewart had allowed his wife $4,000 year. ono
had made her various presents. BY the VIII Oh MIS-
s,ewart Mrs Smith received s25O,ooo and residuaiS
interest In onefourth tho estate HIS dangh'er' "~
Butler. had received the house o. Thirty'iour'nss
and Fffth.sve and $4,000 year. BY the WIZ
she got 600, 900. His other children were @iso
for ling his testimony.
A preliminary agreement for the partition OF tns
fstate had been drawn UP for the contestants. ~
was too long Hc thought that Mr. Evarts had ns"o
H. Mr. Choate said that the long sentences coh'ai''a
therein were not Mr. Evartss As for the seconu
agreement MIR. Choate might have Drawn " n.y.
rhera was nothing to conceal about the paper
Az soon az Surrogate Ransom had taken ms seat
altar the noon recess Mr. Russell Immediately openee
a lively fre upon the witness. He asked MN 40
could give any why he had not consumed VITA
Charles E. Butler in regard to the conveyance mSa0
nv Mrs stewart Mr. Smith said that he ceulo not
Tho witness repeated that he had been averse to con-
testing tho will At meeting held at the ofhce
of Fvarts Cboate e. Beaman he had advised that no
hasty action should be taken. The suit might Just
as wen be postponed for year or 50 II necessary.
He understood that Mr. Hilton and Charles D. Cnnon
were the executors. What they would do he did NOT
know.
WORKING FOR vANTAGEGBoUND.
"Then nothing that you had known that had oc-
Cured in Mrs Stewards life Of sufficient import
ance to prevent your extending invitation to them
70 act as executors?' asked Mr.. Russell
Taerc invitation whatever
Had anything occurred then TO prevent your as
senting to their entering upon their authority"
at carefully considered the matter and decided
that it was not to my wfc interest to Interfere with
the probating Of the viii. Perhaps used 100 strong
term when | said a moment ago that dissuaded
The others. advised them.n
"You said yesterday that Mrs Stewart had high
regard for Mr. and Mrs. Hilton. DO you now adhere
To your other statement that she laboring under
.sconceptson as to the transfer, with the knowledge
of the fact that she made no provision for them In
life or IN death"
81 sim adhere to my belief that Mrs. Stewart
thought at Judge hilton would render fair account
ing of the property entrusted TO him.
Did you believe that the million Of dollars was
ever paid to Mr.. HntOnl"
81 never saw an account Of it,
1T never was charged in the books theni"
:" ] never saw It."
Did YOU not believe that Judge Hilton relin-
cuishea that million dollars when the transfer was
made, Did you think that 1t charged to Mrs
sfewartf"
al thought that it had been manipulated some
way. expected to find It in the accounts
In explaining about examining the books Mr..
Smith said that he began on the wrong end. They
presented book No. 8 him first, and he had difficulty
In getting the other books although he finally did
gee thom There was a summing up In book No. 5,
hut he could verify the correctness of this without
a careful examination of the others, which he was
never able to make. No obstacles offered 10 his
examining the books after he had once seen thom.
As for the current accounts the he had
not examined them ALL The first ones he had seen.
He objected to of the items belonging not to
him, but TO the executors. After a season Mr..
Hilhon discovered that the easehoh property belonged
10 the executors and there need for him to
examine those accounts.
HOW HE SIGNED LEASES.
In signing leases the witness refused TO recognize
Mr. Hilton executor. He preferred to call him
trustee, executor, etc. He communicated his ideas
about this to Mr. Hilton by letter.
Test ing Tn regard to purchases made by Mr.
Hilton such as his house at Saratoga 40 said that
he msst have believed that Mr.. Hilton using the
Stewart property TO make these investments. The
witness had observed In Mr.. Stewards Will that
million dellars had been left 10 Mr.. Hilton. Ho did
not think, however, that MIS-. Stewart had troubled
herself TO think that this sum had como from the
business. He thought that Mrs. Stewart had never
tascn much interest in Garden City Cathedral His
wife had never tried to stimulate interest in Mrs.
Stewart His judgment was that she was Influenced
by the great parade made in the newspapers. He did
rot know but Mr. Hilton was responsible for this
He had never communicated to the counsel for the
contestants the substance Of the testimony he had
given. No one bur himself had ever seen the diary.
He did not know that he to be a witness until he
received subpoena
Mr.. Russell here begged permission to submit as
evidence letters which had been written by Mrs
Smith to Mr.. Hilton and his family Mr. Choate OBJ
iected tho ground that the witness not the
10 be examined about them. MIS- Smith was living
and could be subpoenaed IL counsel for the other
side wanted her testimony.
Mr. Russell In addressing the court said II seemed
sprarent THAI Mr. Smith was not sincere in the position
he had tahen lie began strong supporter of the
Will when the present contest entered upon
he maintained his strong altitude of hostility against
any attempt to break the will. when, however, his
wfe's interests had been established beyond all con-
tingencdes he had arranged himself upon the side of
the contes'an lie had kept diary for in
future possible litigation. He allowed his wife TO
maintain friendly relations with Mr. Hilton who no
thought was dcspoAins Mrs. Stewart OF her
property. These letters perhaps like the diary were
written with view 10 the possibility of a suit. It
seemed, therefore, that they should be accepted
evidence.