New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-05
EX-yUDGE SMITHS DIARY.
READING 1T IN THE STEWART WILL CASE.
FURTHER TESTIMONY ABOUT THE AsslGNMENT
"A WITNESS FOR THE CONTESTANTS

were unusually Interesting. Nearly eNo'S so'' " VIZ
surrogate's Court was filed during the day. ana az
times as the examination and testimony went on 'io
va, close ate.ntasn among those present that lhdi-
,od .ha. the routlrc work which has been followed up
,,orr or less recently had been departed from anu "
the CASE had assumed new and rather strihins phase
The hearing opened with the testimony OF exJudsc
Lawrence smith The adjourned last "eeh "
enable Mr. Smith TO 60 TO smithtown l. L. 10 get Nh
v,fes WILL that question of the competency Oh mas
Testimony might be settled The Will was eiam'nou oS
tho Surrogate and counsel for both sides E1-Auoi>
,ovCeneraI Russell wanted the will entered on me
rcosds His objection to the testimony being taken
was overruled aud ne took exception 10 the ru''ns'
Upon direct examination by ex-Judge Chosp MI o"H"
testified IN regard TO the letter received nohi + o vs.
bcrne his sonin-law. The letter was proouceu any, anu
road The draft Of this had been submitted by Mr. os
- .. ,hs oorr. last week and the examination soon
.,as % ,,.s transfer made by Mrs Stewart to ea-
Judge Hilton.
The witness said that on the morning after the VIII
,~,s prooased he had interview win MIS- o'e"fr"
This was OF hts SEEKING for he had felt huch e&
scised after bearing what exJudge Hilton hah sadu III.
found her Ill He told her that some renars u
MIR Hilton had alarmed him. He thought that IL wou'o
~ absolutely dangerous for him the business as
Il ought 10 be closed up She told him that Mr. Hilton
had asked her to become partner In the p's1heSs o
had refused 10 do this, as she could not hanase ~
affairs She had asked Mt Hilton II he could not ia
4, ia any other way" Could he not become partner
He had answered that he could. and said fou can
make me a partner and will run rhe complexion Oh 'i'
Womsn,s Hotel and Garden City," The witness had 10
neaca that II was dangerous, for there was only o1e
,o,son IN the world who could that business ana
that WAS A. T. Stewart. maid came In ana inter-
rupted the conversation.
ANOTHER CALL UPON MRS. STEWART.
Mr. Smith said that after the maid ente'ed ne ol. ~
room subsequently he went back TO the mouse. Ia
we're several people at dinner. His wife was thero anu
Mrs Hilton did not sit down to dinner ne saul
My wife urged 10 go upstairs 10 sec MIS- 0'o CO."
who was III abed and went upstairs dad no' IAN
about anyt hing of consequence was only adone WIN
her for a few minutes heard step az the door anu
ceased lust as was about to open the Conversation
Ahrrvard l came to New-York again staSeu 'noic
that night She up and out OF pea now III ''r
conversation upon this occasion We were aiohe'
had seen in the papers copies of the assignment l
asked her II she knew what she had conveyed TO Juoge
Hilton and she said a partnership interest ehe saia
that Judge Hilton had told her that II was necessary
that she should be a partner.
She told him the witness testified, that she had
said Judge, can't 1 give you power Of attorney p
ue answered " Yes. but It would be better to have
Won partner" She said, Judge, cant you be made
y parfucr?s He said Yes, if you wish It,"
Mr. Smith h9d asked Mrs. Stewart If he had gwen
back any instrument assurance TO show how me
transfer had been made. She said that she did not
know, but would ask Judge Hilton about 1t. lie then
asked her If She had conveyed the feminist property
She said She thought not. lie told her that lawyers
thought she had She said she thought not, but
would ASK Judge Hilton about that. She said she
had perfect confidence in him, and that II was WICKED
Tor any one TO Try undermine It, He said mat
these newspaper publications were degrading TO her
husbands memory, that people had supposed that ne
had Intended to DO something for Newiork and mat
10y putting her property out of her hands she could
not follow out his wishes. she said they were pre-
pairing list of charities. He asked where she could
get the money. 1t was hers, she said lie told her
she had transferred all she had She replied that she
thought not; that the Judge had told her She had an
income Of million lie told her she had nothing.
She said that she would ask Judge Hilton about It,
MRS sTEwARTs MANNER WAS COOL
The witness said that he camo New-York on
other occasion take his daughter TO Philadelphia
10 the Centennial. the expenses Of which trip Mrs
Stewart was defayiug. When he returned from Phila-
dephia he started in to thank her for her goodness
She was cool In her manner. ard repealed him lie
felt uncomfortable al her treatment. lie had learned
tina, she had had talk with Mr. Hilton. Upon
cross-cxaminaton Nj. smith said that ne had never
talked with MI Hilton about the Stewart estate
from the time Of Mr. Sjcwars death TO that Of Mrs.
stewart. When asked what his belief had been IN
regard Mir. Hilton he said that he believed that he
was going 10 take the whole property himself If he
could get II. Eut ne had Kept on friendly terms with
Nj. Hilton a matter Of expediency. lie had finally
determined that Il would be Of use for him to
talk further with Mrs. stewart about the transfer
or win Mr. Hilton.
THE CROSs-TX ANIMATION
Fx-Attorney General Russell again taking up the
,r.ss-exam..ai!on after the recess questioned
the witness about his knowledge of the provisions
Of A. r. stewards viii. Ilo asked the witness If he
thought hat Nil. stewart had followed out her hus-
bands wishes Had he made any attempt to It
mind her that the VIII contemplated the immediate
closing up Of The business lIr. Smith had not, al
though lie hal as he had before sald taxed her once
with saving that it would take five years to close up
tho business, when she had before told him that #
would take only two years Mr. smith said that, al
though Nh. Stewart believed the sale was not alb
soia.c and although he thought. that legally It was.
he lad not given Ter advice in regard 10 tho true
character Of the transfer shc had declared that she
had perfect confidence in Mr. Hilton and was IN
wiling that any should SPEAK III Of him. She
expressed Indignation that any should inter
fere In her relations with Mr. Hilton, although when
he said that he felt that it his duty TO speak TO
her abou, the matter She said that that was right
He had always considered Mr.. Hilton 10 be his
encn,y. For that reason lie had not gone TO Judge
Davis. He would not 90 into the enemys camp.
lie had never liked the character of Mr. Stewart.
lie always liked Mrs. Stewart, however. Tho wit
ness said that he had taken memoranda of his con-
vcrsations with Mrs. Stewart and Of other things.
Mr. Russell questioned him closely hore, and the
examination ran as follows:
ASKING FOR THE DIARY.
Mr.. Russel-When dd the thought come into your
mind that you intended TO use these memorandum Nj
Smith thought 1 mighu them; did not intend.
Nh Russe-When did The thought occur to you. then
Nil Smith-VeIy likely the spot.
NJ. Husscll-whcn did You think that you might
wanl these conversations? Mr.. Smth-When the
question should up whether the transfer was
absolute or in trust.
M Russel-Have you that daryl Mr. Smith,
M Russell-win you produce e.? Mr.. Smith, Will
Mr. smith then drew from his pocket the diary.
He was asked 10 read The entries in regard to the
stewart estate lie began read them and al times
requested to be allowed omit some things which he
said were extremely disagcoabe To lin. Mr. Rus