New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-29
THE COURTS.
HE MAY SEE THE WILL AT ANY TINE.
ExJUDeE RUSSELL REPLIES TO MR. sEcoR. 4

EXJUDGE RUSSELL REPLIES TO Mr.. SECOR, n
THE SUIT AGAINST THE STEWART ESTATE
Ex-Judge Horace Russell took occasion yesterday
morning. in the United states Circuit Court before
Judge Lacomte to score William H. secor, attorney
for the plaintiff the suit Of sarah Branagh against
william p smith, one OF the heirs Of Mrs. A. 7.
stewart. Sarah Branagh is one OF the alleged Irish
heirs of A. T. Stewart. Mr.. secOr moved that ex'
Judge Russell be compelled TO deliver the viii OF A. T.
stewart to the court. lie said that he had gone to the
ex Judges law Office but could not SEQ the WILL IN
ex-Judge sald trife sharply:
"That was because you saw my stenogrspher In
stead OF me. l have kept the will In my once foe
six months and your predecessors In the case examines
it infinitely. Twice / made appointments for Genera
Butler your associate, to see the VIII ana both mes
he failed to appear. You may look at the VIII u
any time"
At the Same time, ex-Judge Russell thought the
motion improper the defendant had not the custody
of the will lie also denied fatty Mr. secor's state
ment that the original will had never been In the
surrogate's Office.
Mr.. secor In his affidavit said that he had bosn
informed by DR.. william II. White one Of the witnesses
the win, the only part Of which that was expose
Ssns tie p sn f., ms ss'
mark on it. Mr. secor wanted Dr. White 70 have A
to Il @ Ss 1
Judge Lacombe thought that exjadge Ma'se rs Sn
In regard to the motion Of Mr. socor, that Dr. E.
Marcy One OF the witnesses Of the will, DO examined
at his home BY as t ne Was e @S oa
that Dr. Marcy thought he was well enough 10 tesuY
before the Judge. Further time was given, 20 mss
learned. The case will probably come up again next
Friday.
|. THE STATEN ISLAND ATHLETIC CLUB GAMES.
The staten Island Athletic Club carnival. TO tahs
Mace at Madison square Garden, December H. II and
IA will undoubtedly be one of the finest exhibitions
athletics that the public has ever had the o.
portunity Of witnessing The champions mcssn
Cary, Owen and westfng have all conscnted
run The phenomenal flyer Wendell Baker VIII A.
tempt to break the ssO-yard record. Remington, tho
Manhattan crack will either Downes, OF the Now
York Athletic Club Dickinson the champion OF tns
Columbia Athletic Club, OF Washington.
number of the college football teams also the
BOSTON Athletic Association eleven, which is composed
entirely of Harvard graduates, have entered IN inc
football competition Prominent fencers OF the fehcer
club and the New-York Athletic Club have signihed
their intention of appearing on the platform .he
CIarepce Hobert, r. 2. Huntington, jr Of Yale. and
orr w are GIVE eo S for sale az No. sii broadway and
At the Madison square Garden. All entries close On
Dcce mber with +. W. Jansen, NO. 24i broa"~ay'
W. E. D. STOKES SUING HIS BROTHER.
The suit of W. E. d. stokes against Arson Phelps
Stokes and Others fifth interest In the nrm
OF Phelps Stokes Co., up In the supreme Cours
Yesterday upon demurrer interposed by the deiend'
ants James Stokes the father OF the pant'n sne
defendant named. He died in 1881. and W. L. u.
stokes declares that his father gave him fifth Interest,"
In the firm a year before he died. This interest, no
declares is now worth $i6O COO, the amount for which
he sues Judge Lawrence overruled the demurrer %
the complaint interposed by the defendants, ana give
them leave to answer
THEY WANT PAY FOR REScUjNG THE SHIP.
The New-York and Cuba Mail steamship Company,
owner of the tug NJ. Moran, has filed Libel fof
80 500 against the steamship G. w. Jones in the
United States District Court. 1t IS alleged that %
November 1 the Jones was stranded IN tie haroof
of Progreso. Meyico, and her captain agreed To pN
So 500 II the tug Moran would pull her into deey
water The tug did this but r.. NJ. Phlllpst q
No 81 state. ST. refused to honor the DRAFT for "
sum drawn BY the master OF the Jones'
COURT OF APPEALS CALENDARS FOR MONDAY.
Albany Nov. 2s.-The following are the Court q
Appeas calendars for Monday. December i:
First Division, motion calendar-NOs. $50, 96s YIN
90 $50, 961, &c., 0D4, D9o 800, OJt, vVs 4he
second Division day calendar-Nos. PSI, TAO, Iva
1O7O. 1.O75, 1,O76, 1,077 and 1.ooa 49,.
First Division, day calendar for Iuesday Dccea ~
sD-