New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-25
rur sEARLES WILL UPHELD
..,rrcy OF APPEAL GIVEN FOR HOPKINS.
rc,s,oS on THE MERITS OF THE CASE
FORMAL ADVANCEMENT TOWARD
\ JURY TRIAL
INV rrtFGrAPH TO THE TRIBuSE- r

rrexpcctedly especially 10 the contestant
VIZ wa. Harmon promptly rendered decision sell
s ',- nm the will An appeal will be taken 10 the
Supreme Ooul@ -, .,,;a ,0orrir, as usual
- General Hubbard the witness stand
..s.d whether rimothy's Arrangements oil Mis-
es,s raiiroad interests were satisfactory 10 her'
y ,;.ness said that he had heard her comment
II For some time to-day AS well as yester-
~ n, Rurley sought TO get an answer from the
Gay which would insure his getting possession
.Ss corartnership books. Up to 1880 O'Clock
y. n5vileCe of making the demand had been
s.aisa by the Judge every time. At last he asked
- - Hubbard how much of his time was
So at the copartnership offices.
About half of it" was the response.
.uow much Of Mr.. Sullmans time ?''
Rather more than hall.
.Tho hooks will show how much business was
suppose ?" was Mr.. Burley's next query.
.or,v one answer was possible to this. General
unhherd gave it, i suppose they will
Nav gentlemen, will you give us those
hanks - asked Nh Burnley
NJ, Rutl,r and Colonel Lincoln demurred, but
-,,bOnt much hope evidently. The Judge said
~, contestants had now shown grounds for de-
handing the books
won may open the box" said Mr.. Butler, to
bis associate.
Tho stronghold was opened and five account
hooLs were laid on the Witness desk. BY the
;..ns if was shown that on June p, 1855 S25,-
Ca vas paid 10 the law firm of Butler. Stillman
4 Hubbard There was a payment of $1,000 to
r = Stman. and payments of $4,000 TO T..
: Searles twice The witness thought that the
NV, mentioned as paid TO Butler. Stilfman d Hub
- Vas in fUl for services, except III settling
nm real estate TRANSACTIONS
Mr. Barlev-~I don't see any payments made TO
riuotbT Hopkins for service rendered. Were
their any payments
sNo sir. No compensation, except In the form
# urssent.7 the witness said. The income from
the estate always exceeded the minimum of S65,-
COO and one wear rose as high as SsOO,OO0 STILL
mans and Hubbards amount. IL per cent, being
$50 600. The witness said that Mr. Stillman had
trisd 70 prevent Timothy from going East in the
latter part of July, 1855, 70 see his mother
After a little more testimony, Colonel Lincoln
said: We rest here" This not expected by
the contestants counsel. After a hurried con-
yultatiou. Mr. Burley said he was much surprised
AZ the rest made here. If His Honor would allow
him. he would ask General Hubbard one question
and that was whether or not he had caused
Timothy Hopkins 10 be supOenaed here, and
70 bring papers and letters with him. The Cen
eral replied tha: he knew ne had been
summoned but lie wss not in charge Of the case,
and had not caused him TO be summoned.
And the summons was dated October ~
81 suppose il was aloat this time
That's all"
Both sides then submitted the case without
argument judge Harmon said: There is bur
one line for NE 10 take TIE counsel for the will
have made out the issues they were required 10
and the issues in which the burden Of proof
was on the contestants was not sustained on the
partial testimony submitted, and l shall set up
the will
Mr.. Burley-At the proper time and place we
shall appeal
The result was not unexpected, nor is il final
Probate Judges in this State rarely set will
aside if properly executed. unless gross fraud is
shown They prefer TO set it up and let the con-
teStants 90 TO the Supreme Court and have a
jury trial. The case will not be heard before
the next spring term of court which is held in
April The parties to the case are not
surprised at the result. The contestants
did not anticipate any other decision They
only sought to sound the case, possibly
as basis bf settlement. They are said 10 have
evidence on their side, and not one of their wit
nesses was called All this is reserved for the
ultimate trial. They have got the inside facts
from the Searles side. In all the testimony no
one fixed the value of the estate. Mr.. Searles
said it was from S2O,0CO,0OO to $40. O0O, 900.
Boston, Oct "a Special Regarding the sum-
mary disposition of the Searles VIII case, judge
Harmon said 10 journal reporter The
newspapers should not be miSled in this matter.
This decision Of mine is not at all on tie merits
Of the case. Why, have had only about
third Of the evidence 10 be put in, and the most
Inn QrTrV a~rnnGZ how NaaArr n 400
Thomas Z. Stilman, Timothy Hopkins, and, IN
fact none Of the contestants witnesses has been
examined at all Counsel have simply been trying
70 get at what evidence they could from the petit
TONERS for the will, and they have
followed the very ordinary course of procedure.
They have not attempted TO fully prove their
case here. for they have no desire 10 show their
hand They have reserved their evidence for
the Supreme Court. No, this is not at all a
victory for either side had only one course
open 10 me, and one decision TO make. This is
only step. This case has but just begun"
Now comes the period for overtures for set
uement, | suppose, Colonel Lincoln" asked a
reporter
, Well, can't say about that: but I will say
mat there will be no settlement as long as they
mpute dlshOnOrable motives to Mr.. Thomas 4.
pullman and General Hubbard. You saw the
latter en the stand. They are not the men To do
any thlng shady, as one Of your evening papers
Sld, and they won't rest under the imputatOn."