New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-07
THEY WANT MORE DIARIES.
LETTERS IN TEE STEWART WILL CASE
rx.JupGE SMITH EXPRESSES SOME TART oPiN' |
a..a-.Ar ,n1nrrR INTENT rNTIL MONDAY. |


Tho morning session Of the Stewart VIII heaIlIS
g ,h sprrorate's Court yesterday not interesting
w Attorney encral Russell desired to submit d
testimony letters which had been written ny MIS-
7 Lawrence Smith TO Mrs. Stewart HIS PURPOSE was
as he had told Surrogate Ransom on INC preV'ou'
dav TO show that in spite Of the fact that eA-'uueo
sr,,,b thought that Mp Hilton was attempting 10
-, -oseossIon Of the estate he was willing to allow
IL rife 70 sustain friendly relations With Mr. Hilton
o,d his family The cross-eXamination was a afeo'
assault upon the testimony of Mr. Smith Mr. Choa'o
toncbt AGAINST the whole proceeding inch by men,
Altering obec tons TO every letter and taking eAcepo"
20 every ruling Of the Surrogate The reading OF the
letters and the examination attending TINS maze
dreary half-days work, Nv Russell reaa VopS
of them the witness following him with the "1s'la
The contents OF the letters were almost always
personal with here and there reference 10 mr. '"
or 10 some Of the affairs of the estate Each ume
as Mr. Russell came 10 the expression Dear Aul',
he laid especial stress upon the "ofuS' Inns
nonotonous drag went on until the noon leCess'
when the Surrogate took HIS chair at O'CLOCK
az su,roea,e Rollins began a cross-eXamiDauoh VI
Mr. smith. If the morning session hau hot ue0n
lively that of the afternoon was tull OF sP'rit an"
sbarp thrusts Mr.. Rollins conducted ue examine
tion with energy, and Mr. Smiths answers "
h,, questions were frequently curt and severe
a. tos,,n,onv began with the witnesses relations
90 Charles J. Clinch Mr.. Smith thought that in 1877
mr. tbereabouts his attitude toward MI Clnch was
friendly Nothing interrupted the relations between
Mr. Clinch aud Mrs. Smith up to The time Oh MIS-
Stewards death. lie had never had much OF al
opinion Of Mr. Clinchs intelligence. Witness Thought
that Mr. Hilton might tell more OF his business
canacity than he II Mrs. Stewart had died inter
state Mr. Clinch would have had equal interest IN
the estate with Mrs. Smith, one-tenh interest he
believed that the estate amounted to ten millions
and over. lie had no doubt that he Thought thdl d
depredation on the property by Mr. Hilton would DC
depreciation on his wfe's share and that OF MI Chch'
lie was sure that he had held conversation with Mr.
Clincb on the subject AS he remembered, their
views were in accord and they must have talked ABOUT
Them He could not remember whether he had told
him that be believed Mr.. Hilton was holding tne
transfer TO be absolute He repeated that he could
not remember any specific conversation
EXPLAINING THEIR RELATIONS.
Mr. Smith denied that there had been rupture
between Mr. Clinch and the witnesses family "hen
asked IL there was a change he said that ne uoush'
that there had been personal change between Nir'
Clinch and the witness. He could not tell "hal the
occasion Of this was thought Mr. Cnch had leSleu
BIN colby. He displeaSed with ihe m"Hil0' IL
which Mr. Clinch had received his friendly athtuae'
lie had always been cold ami Indifferent anu t'Is
feen. gradually grew more marked a paper hd1
been submitted to his wife by Nh Clinch before MIS-
Stewards death The paper was here read by Mt
Rollins agreeing that after Mrs stewards death inc
affairs should be anaged by Mr. Hilton witness had
ieproached A'r. Cinch with tyiiS to set his vile 10
slen this paper in his absence. Mr.. Chnch hao
responded that Mr.. Smith was an outsider III thS
affair, that he had nothing to do with It, Their
Intercourse became more strained after that He had
not allowed his wife 10 sign the paper. suit had
been begun by his wife against Mr. Clneh. AS for
having him removed from being executor, he
thought that only an incident. He had no doubt
As TO his wiies sincerity In her position about the
Garden City Cathedral and her talks TO Mrs. Stewart
tv1,t skn Twhn1 bfDm
was an unfortunate investment for Nj. stewart The
fact that this would divert money from the estate
did not give him much thought There was enough
81 the estate without that.
THINGS WHICH SURPRISED HIM.
It was rather a surprise to him to find out that
Mrs. Hilton relative Of Mrs. Stewart. 1t took
hin long while to figure out how this Mr..
Stewards legacy 10 Mr.. Hilton was great surprise
60 him. lie thought it was the biggest legacy
10 had ever heard of. although he had expected
that Mr.. Hilton would be provided for.
He thought that after the death Of Mr.. Stewart Mr.
Hilton would have great influence with Mrs Stewart.
He feared this from the time he saw the transfer in
the newspapers. Mr.. Smith thought that Mr. Hilton
the master IN the house. The witness could not
remember having made entries in his diary before
MI. Stewards DEATH He had begun promptly, as
soon as r. Stewart had died. the day of the funeral
In fact He supposed that Prescott Hall Butler had
kept diary, for they had talked the affairs
a diary.
Mr. Smith here lost patience and CURLY told Mr..
Rollins that he had talked 10 the members Of his
family frequently and that they had discussed the
situation thoroughly. There nothing that they
were ashamed OF lie willing to get all the IN
formation that 10 could from his wife any
else. lie wanted to remember everything that
important. IIc gave out limitations that he was
eager to get information. He knew that his wife
above acting spy.
A LITTLE BITTERNESS.
Referring TO the word reports where the diary
said Ny wife reports II. and Joe in constant attend
ance on Mrs. So Mr. Rollins asked If that expression
did not SAVIOR of spying. Mr.. Smith said it did not.
Does IT sound If they were instructed to
report asked Mr.. Rollins.
Not at all"
at that not the natural inference?'
You may draw your own differences, sir. There
were no Instructions"
Your wife knew that you wrote these things in
tie diary, did she not?'
g do not know"
Did She know that you made memoranda of her
reports?'
She did not know what put in my diary"
Did you conceal the fact that you using these
reports1'
u concealed nothing"
Did she know YOU were using them''
do not know
Did you put down that passage in the diary about
eavesdroppng because it would be important in case OF
trial?'
Il regret that you forced me to make II publlc"
Were you ashamed OF it?"
"No SIR | regret that l should be forced 10 say
such things about deceased lady whom afterwaId
learned to respects
Didn't you have eavesdropplng In your mind?'
81 don't think so!"
Is IT not fact that you were very suspicious of
everybody in contact with Mrs. Stewart except the
members Of your family p
No. SIR
Does not this intimation indicate that state Of
mind in regard TO erybOdy ?"
No, sir: only in regard TO Mrs Hilton'
Mr. Rollins asked MIR Smith If the passage in the
diary about Marcy and II. putting their heads to-
got .nni W. m ELIann. N.