Evening journal., 1890-11-22
AFTER STEWARDS Cash
Another Attempt to Break the
Millionaire's Will.
CHARGES OF CRIME AND FRAUD

Gen. benjamin IF. Butler and Attorne,
william III. secor Endeavoring 10 Prove
That There was Crooked Work at tn.
Deashbed of the Merchant Prince.
NEW YORK. Nov. % Everybody thought
the last contest over Millionaire A. 4.
Stewards will had been ended, and that Il
Judge Hilton would be left the admins
tration OF those vast charities that had
ever been Stewards hope OF fame. Bui
now new claimants have come forward
Poor cousins of the dry goods king. now
living in county Antrim, Ireland, say that
they alone shall inherit his wealth. The
basis OF their claim is startling. They say
that that instrument which Surrogate De
lano G. Calvin accepted at midnight OF
April IS, 1876, as the last will and tesla,
ment Of Alexander Tourney Stewart, is
not his will aud that they expect to prove
a very grave fraud, ii not crime, has
been committed
The Machinery In Motion.
Can they prove itg Gen. Benjamin f.
Butlcr and William Holt Secor, their coun-
sci, think they can. They set the machin.
cry in motion yesterday Lawyer Secor
asked Justice Lacombe, in the United
States circuit court. to appoint a commits
sioner to take the testimony of DR. Erastus
T. Marcy, OF No. 396 Fifth avenue, one OF
A. I. Stewards attendant physicians, hop.
ing to prove by him that fraud had been
committed. The suit on which Yesterdays
motion was based is that of Sarah Branagh
against William r. Smith, who was for
years coachman for A. H. Stewart and for
his widow up to the time OF her death, and
who was one of the witnesses to Stewards
will. Mrs. Stewart left him the house at
the corner Of Thirty-flfth street and Lex
ington avenue.
What Sarah Branagh Claims.
This was part of the estate that fell TO
her under her husbands will Sarah
Branagh contends that the house never
belonged rightfully to Mrs. Stewart, be-
cause it came into her possession through
fraudulent will Therefore, she claims,
Smiths possession Of the house defrauds
her OF the legacy she would have enjoyed
as next Of kin. She also sues for $1,000
damages for the detention of the property
from her since the time of the probate OF
A. 4. Stewards alleged will Ia 1876.
% ana &FtfnGs
Before Judge Lacombe yesterday Attor-
ney William II. Secor, in making his mo
tiou, said:
II wish to make an application for the
examination in perpetuam rel memoriam'
Of one OF the witnesses of an alleged will
Of Alexander L. Stewart said Mr.. Secor.
THE witness is DR. Erastus t. Marcy, who
II old and infrm. In case he should die
we wish to perpetuate his testimony, also
ask that the original will of Alexander I.
Stewart be placed in the hands OF the clerk
of this court. and that the clerk be made q
commissioner to take the testimony OF Dr.
Marcy. A grave crime and fraud has been
committed, and we think the court Is the
best custodian of the alleged will IL has
never been filed in the surrogates court.
and we have been unable to get a look az II.
Judge Russell, the attorney for the
other side, has this alleged WILL and have
never been able to get sight of it, though
have called repeatedly at his Office for
that purpose want to inspect the will,
and he has fatty refused to let me do so.
say again that a crime and fraud bias
been committed and respectfully sub
nit to the consideration of the court that
we should be permitted to have this will
placed in the hands OF the court ask
that the machinery OF the court be put in
action to get possession OF this will. IL
surely can do no harm to Judge Russell il
II be shown that no crime has been com
mtted."
what Lawyer secor Charges.
Mr.. Secor then formally asked that an
order be made requesting the filing Of the
will with the court. The records Of the
surrogate's court give the names OF Dir.
n
Mr.. Stewards physicians, and William T..
Smith and William b. Lynch, his coach
man and valet respectively, as witnesses to
his last will. In view Of this statement
the following affidavit by Lawyer Secor
IS interesting:
I. That from information furnished deponent
by DE- Erastus Marcy one OF the witnesses 70
the last viii and testament OF he late Alexander
Tourney Stewart, deceased. deponent expects TO
prove by his examination, in perpetuam rel me-
norian. that at the time Of his substitution 10
said Will aud testament thar one Of the witnesses
th~reto placed private mark thereupon and
that at the time Of The subscribing OF said will by
said witnesses the only persons present thereat
we're Dr. William II White, Mr.. Henry Hilton
the testatef, and DR.. Efastus r Marcy. That no
other persons we're present upon that occasion
Notwithstanding tile facts that have been spread
upon the records OF the suirogate's court OF New
York county, upon the probate OF the will aud
testament alleged in the answer in this action.
2. That from other matter stated TO deponent
by said Dr. Erastus T. Marcy II is the opinion Of
deponent that his expected testimony viii estab-
hsh very grave fraud, II not a crime has been
committed concerning the paper writing. pro.
pounded for probate the last will and tesla.
ment Of said Alexander T. Stewart. deceased aud
the examination Of said Or. Erastus f. Marcy
will go far toward so establishing and proving
the same. and the information TO be impaired hy
has testimony. he informs me, was withheld dur
ing the lifetime OF the late Cornelia NJ Stewart
the widow OF said Alexander 7. Stewart on hel
account, and since said time and until the pres
ent has allowed this matter TO drift until pressed
for Information upon said subject by deponent
win Fight TO the Very Last.
Lawyer Secor has spent many months
tracing the history OF A. T. Stewards fam
lily In Ireland. ~ have received hundreds
Of letters from bogus claimants" said
Mr. Secor. 81 find, though, that they stoT
writing as soon as / send them word &c
forward me proof Of their kinship to A. T.
Stewart and $3.50 to verify their family rec
ord in Ireland The genuine kinsfolk OF
A. 4. Stewart are few in number but they
are determined TO fight for their rights tC
the very last. "
TrouP Charged with Mansiaughter.
LONDON, Nov. 22.-The Chronicle an
nOuuces that the Society for the protec