New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-04-17
COUNSEL SURPRISED.
CLOSING THE STEWART WILL CASE.
THE PROPONENTS WILL NOT OTTER TESTIMONY
ARGUMENTS TO BE HEARD IN MAY!

THE PROPONENTS WILL NOT oFTER TEs IMoNY
ARGUMENTS TO BE HEARD IN MAY!
Tho beginning of the end of the Stewart will case
which has occupied the surrogate's Court
Less since March IL, 1888. was reached yesterday
mueh to the surprise OF the Contestants, when Ellhu
Root announced behalf of Mr.. Hilton that g the
proponents rest; which meant that Mr.. Hilton had
NO evidence to offer to refute the testimony which has
bcen given rejecting upon him in hts business re-
,.tfons with Mrs. Stewart Or. IL he did have any
EVIDENCE no did not think it necessary TO offer 1t,
and the rests entirely with lawyers to fight
ous of their arguments, which set down for May
on bI and %. When the called yesterday
morning the lawyers all present except ex-
Attorney General Leslie Russell and exJudge William
@. Choate, they being engaged in case before the
Court of Appeals which Is one of the side issues OF
tho win contest Joseph N. Ireland distant relative
of the Misses Clinch, the first witness ealed at
the opening Of the proceedings yesterday. He said
that he had known Mrs. Stewart for great many
years, In fact as long as be could remember any
thing, and he was positive that her relations WIN
her sisters were Of tho pleasantest nature and that
Mrs Stewart and Mrs Butler, the principal con-
testant Of the WILL were on the most intimate terms.
Mrs. Stewart, the witness said. was deaf ana near
sighted She had once told him that MT. Hiiton nao
suggested that the furniture onght TO DO reooVoio"
az st was rather shabby. In the oy
exsurrogate Rollins the witness said that no Aep'
~,
He haa thought at the time that the furniture which
Mr.. Hilton wanted repaired was shabby enough
Mrs Sarah Floyd,Jones Of No. 90 west thirty
fourth ST., was the next and last WITNESS oAoopuhk
Mr.. Harris the superintendent OF tho stewart Bulo
ing, who was recalled TO supply an omission ID ms
testimony Of last week Mrs. Jones tesuhed 10 having
been on intimate forms with Mrs. Stewart. and ire
ouent caller 1T her house. She told about some OF
Mrs Stewards peculiares; then she told about the
conversation she had had with Mrs Stewart after the
latter had transferred the store to Mr. Hiton. MRS
stewart had said to her on that occasion; what 40
ysa think have donei have made over all OF inc
store business to Judge Hilton. If had not done
that would have to 90 down to the store. and you
know could not do that' Mrs. Jones had told her
That shs would not have done this without taking the
advice of counsel and Mrs Stewart replied that she
had spoken Judge Davis and to her brother about
A., ana that Mr. Hilton had told her that the whole
business would stop and thai much distress to the en-
ployss would be caused IL she did not transfer the
property 70 him; and that Mr.. Hilton was recon-
rnendsd to her by her husband when he was alive.
Mrs Jones said that the impression left on her mind
that Mrs. Stewart made over the property TO avoid
the trouble Of going to the store every day TO sign
papers
Mr. Cleveland, counsel for the contestants, then
offered In evidence the brief Of Elihu Root in the
case Of Smith against Hilton for the purpose Of show
ing that the third codcil Of the win confirmed the
deed Of the store property TO ar Hilton. 1t was o.
jected to- but was admitted. Joseph II. Choato then
that the for the Contestants was oosed
and Ehu Root asked for minutes time for consults
ton. At the end Of that time the several lawyers
representing tho different persons interested arose one
amer another and announced that they had no more
evidence to offer. Among them was Frederic Il.
Coudert WHO made formal motion on behalf Of Mrs.
Sarah N Smith, Miss Bessie White, Mrs. Wetherol
and Mrs. Osborne that the case be dismissed. All
of the lawyers had been hoard from except Eiihu
Root. and the others we're expect family walt
ing TO see whom no would call as his hrst witness
for the defence. Mr.. Root arose and said quietly;
. The proponents rests 1t was some time before
the full force Of this announcement was understood
The contestants apparently had not expected such
bold stroke TO submit VIII contest with as much
involved there Is In this one without placing
single witness on the stand. The question OF APP
pointing time for the summing up OF the case was
Then raised When the Surrogate mentioned day
there was smile all around, and one Of the Lawyers
respectfully asked II there was not two weeks some
where on hs calendar that not taken up Joseph
H. Choae said that his side could not present Its case
I'm less than three day, and the Surrogate finally
named May 20, 81 and % for the summing up, with
the understanding that more time would be given II
necessary.