New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-29
MRS. STEWARDS TRANSFER.
THE GREAT WILL CONTEST OPENS AGAIN.
rEsrrMoNY ABOUT THE ssIGNMENT-FURTHEa

A.. Trons.nt NJ counsel for both sides, that Miss
Clincb,s will might be offered for probate ara ncr
heirs might be represented In the case Inc he,iins
,.s,eray began with the examination OF MIS- Pres
80. u.n putler nv tho contestants. Mrs. Butler Is
r,ace of Mrs Stewart, and ex-Judge Choate ques-
TONED her I'm regard to her having communication WIN
Mrs Stewart on April ID 1875, In regard 10 INC ue
executed by her in favor of eX-Judge hh'on ''i'
Russell objected to Mr. Choate's question: anu no VIC"
sustained Mrs Butler said. while on the stano' Una.
.,r. a7e sbe had seen great deal of Mrs. Stewart
until she went TO Europe. The question as 10 hIe.
stewards health during the days from April IL 10 10
was not allowed, and +. S. Osborne, lawyer VI Nni
cago, called. r,c.
Mr. Osborne had married daughter OF e&-'uuso
u.,.h Grand niece of Mrs Stewart. Tho examina
So ,.s conducted by x,Judge Choate. The WITNESS
sad that he came TO NewYork about twice year. nu
frequently visited Mrs Stewart On January To-
n, bad conversation with her about the transao"on
80 Mr Huton Mrs. Stewart appeared 10 Do UNI
Va W. tea and told him that people had been TO
- .amnla,ning about ex-Judge Hilton, saying tnaI no
rot treating her properly. She had told him tnae
NJ, hilton was doing everything TO serve nor. ~
asked her II the assignment was an ou-ahu-ou, =.
and she had answered that IL was hot uu' " -
.nnear so TO the world. She seldom had 10 sign pa
nsr, Mr. Cboste closed his examination oS sSAs
q Mrs. Stewart had said anything ABOUT 49, -
Hilton giving her presents she nSu po "a
vanous things as being presents from nim' anu '@N
that no was kind and tbougntiui
TIE CROSS sex AMlNATlON DH0N"'
r..Attorpey.General Russelrs
was keen and at times almost soNoi' W. witness
xvers offered 20 many Of his Quesuons AH - ~
s.,arsd that during his conversation ne hau 10
,houebt ~ pecuniary interest. He did think nowo'V
,h.t beouest should such gooo FORTUNE naPf s.,
him would be acceptable. He tesunea 'nS' -.
stewart had presented house 10 MS "iie w hsr
~ which was some $4,000. He had not asnoU az.
Oh wmSu Ut vito had informed him that the gift
- 49, made 10 her. Subsequently MIS-. steW@'
Mad allowed Mrs Osborne an income Oh go
wear His wife had received Mr.. Unions -.
tbe amount She gave recept 10 ".' -
He could not remember the exact oa'e VI I VIC
ming Of the allowance Cross-quesuons IN s'aluoneo
nins u ~ sA aro1n Of time to period between
,ezz md 1870 His wife had received other presents
at times. .,.tor and N.
Here Mr. Russell returned to the transfer anu .no
witnesses conversation with Mrs soe"ar'' ,ss,
20 Mr. osborne had believed that 1t was oonaluohAa
- .hsolute. The witness had thought that IL was
hoIuta mn 10 the time of his conversation with MIS-
Stewart His opinion had never changeo aa!eL.~a"
he could not say whether or not he DeieVcu 'nS' 4
hilton considered the transfer absolute. lie naa no
belief that after Mrs Stewards death M iin.on
would turn over the proceeds of the estate 10 ner
renreyentatives He hoped that this would DO the
case This did imply that he feared 1t wouiu not
be DONE He was busy man, and did not give nuon
time or thought 30 the subject lie cared, howoNoi,
nc matter OF course, TO the disposition 1at Snou
be made of the eState. JnclO "OAO 49, -
things which he must have KNOWN ou' NO "'@ N-
able to swear to them A..
When questioned again about the assignment 'ne
witness said that he did not know enough soous ~
n give Mrs Stewart advice even IL she had asked NM
This however was not tho reason why he haa NOT
advised her He considered that IL would haVo poem
tr,pert,nent for him to He wished to modify
his statement about HIS knowledge concerning inc
assignment. He had misunderstood tho question:
He had formerly understood that the sale was aO-
solute He could not remember where no hea got
the information He must have read 1t in the Chicago
800 rbev did not always maize full reports Of
thinrs He thought after his conversation with mrs
etenyt that there was occasion for some one, other
than Judge Hilton, TO advise her.
COUNSEL EXCHANGE COMPLIMENTS
npr,nn this part of the examination objections from
Mr. Choate were frequently made. Compliments were
exchanged between counsel for the proponenS ana
the contestants. These, although handed back ana
forth with courtesy and good-humor, frequently
smacked of sarcasm. The court took recess untii
o'clock
Mr. Russell plunged at into the afternoons
work by asking the witness If he to understand
that the witness thought that Mrs. Stewart was In
need of advice Mr. Osborne repeated that this was
lust what he did think. He had not suggested this
to Mrs. Stewart although he might have done SO to
Others than Mrs Stewart. He did not remember
having limited this to any at any particular time,
but he had told his brother, II. S. Osborne, and his
wife. He could not remember any ono else. Then
he remembered that he had told ex-Judgo Smith OF
the conversation. Upon further examination he re-
peated that he could only remember having told his
wife and brother that Mrs. Stewart needed such adj
vice. He was sure that he could not remember
whether he had said this to any one else. He was
friendly with ex-Judge Hilton, but not well &C
ouaInted with him. His brother had a lease for
ninoty-nine years of the homo which Mrs. Stewart
had purchased for his wife, Not only his brother but
his mother was required to sign quitcaims, as they
in fha konc M fhQ Tina n III
chase Part Of the consideration went TO bis brother
Els mother, however, received nothing.
HIS INTEREST IN THE LITIGATION.
The witness testified that he took an interest in
tho Stewart litigation Not deep, personal In
terest but to the amount OF 100000, the amount
Of his wife's legacy. When asked II no had ever
heard anything to make him believe that the VIII
should be sustained he said that he could not answer
AS for his belief upon the subject be had not looked
into the thing carefully enough to form an opinion
prior to two months ago He had communicated
with ex-Judge smith by letter. SO far as be knew
testify until his wife had secured the agreement for
the partition Of the estate He did not expect to
Hc could not remember when he first knew that an
agreement had been suggested 1t might have been been
e. T fSs nc He had not given his wife any
talked e over. lie was her husband, not her
attorney. ,.u,n. 49,, .on,,ruod the cross-e,.
snnston, and at once went back to the subject Of
BIS conversation with Mrs Stewart in regard to the
assignment The witness said that Mrs Stewart had
not said who the people werc who we're complaining
about Mr.. Hilton He had not asked her He was
unwilling TO appear TO be inquisitlve. He repeated
what Mrs Stewart had said about the assignment not
being an out and-out' sale. When questioned again
about his relations with Mrs stewart, he repeated
that he had visited her frequently; he had never
asked her IL she liked him. She had spoken with
feeling about Mr.. Hiiton's Kindness TO her.
The court here adjourned until 10 80 O'Clock this
morning, with Mr. Osborne stfll the stand
THE VICTIMS OF THE BURST BoILEB TUBE
John Leonard one OF the victims Of the accident
on the steamship Republic, Of the White Star Line,
died early yesterday morning at St. Vincenps Hos
xtal Ieonard xEas terribly scaIded by the steam