Evening journal., 1891-01-23
SHE IS MRS. Josh MANN.
Eva Loses Her Fight for Ham
ilton's Money.
nut SHE WILL APPEAL THE CASE.

Surrogate Ransom Decides That She Was
the Wife Of Joshua Mann aud Can
Claim No Dowcr Interest IN Estate Of
fhe Late Robert nay Hamilton.
NEw YORK, Jan. at is EVA Mann y
Surrogate Ransom has SO decided, and Eva
Steele Mann Hamilton has met with a
crushing defeat In her desperate attempt
10 claim wife's dover interest in the
estate Of the late ex-Assemblyman Robert
Ray Hamilton. In the course Of his clos
ing argument before the surrogate Col
Fuller, Eva's counsel, said that there was
mot particle of evidence to show that she
had not been.a true wife to Robert Ray
Hamilton. "He knew her whom lie in
tended to and did make his wife, and WAS
better acquainted with her history than
any other man. He is responsible for her
position here, ard win your honor say, on
the evidence adduced, that she shall be
thrown back to the life from which he took
herfn
After the o0unsel had made their re-
spective closiAg arguments Surrogate Ran
som gave his decision.
The surrorlte's Decision.
He said tho lAw in this state was we'll
settled and it was therefore necessary to
apply the law to the facts adduced That
there was ceremonial marriage and that
that marriage would be eifectual there
could be no dispute, il both parties were
competent ia law to marry. II she were
incapable in law at that time that mar
riage was void and a nullity. The question
rs 70 whether the marriage was brought
about by fraud did not enter into this
question, Assuming that the relations
were meretriciots, was it likely that such
relations would be continued beyond a
certain number of yearsS II believe,n
said the surrogate, that the contestants
declaration 10 the witness, Mrs. Badger,
whose evidence has not been impeached,
that she would not get divorce because
Mann had been good husband to her,
was the declaration Of an honest and
aifectionate nature.
Not Hamilton's Wife.
81 have no hesitation in saying that
have no doubt. II the relations between
Mann and the contestant were in the be
ginning meretricious they subsequently
became matrimonial. / regret that duty
prevents me from criticising her conduct.
and / shall content myself with saying
that / do nos believe her. She is un-
worthy of belief. ! hold and decide that
on Jan. Z, 1889, she was the lawful wife OF
Joshua j. Mann, and that the marriage to
Hamilton was void, and that she has no
standing in this court to contest the paper
propounded as the last will Of Robert Ray
Hamilton
Eva win Appeal.
Col Charles W. Fuller, counsel for Eva
Steele, alias Mann, alias Hamilton, told
reporter that he would appeal his clients
case to tho general term OF the supreme
court I'really expected the surrogate's
decision would be against us" continued
Mr.. Fuller, but / am going to fight this
case, and also the divorce case Of Joshua
Mann, aud will eventually get from the
supreme court decision that she was
never married to Mann / am as firmly
convinced as ever that she is the widow Of
Robert Ray Hamilton. There Is no doubt
oft. j telegraphed Mrs. Hamilton today
the sufroEate's decision also telling her
she had better remain where she was, as
there was no necessity for her return at
present
Hamiiton's Death Not Proven.
After recess formal proof OF the execu-
tion Of the viii was put in, preparatory to
admitting It 70 probate. Gilbert NJ. Spier,
Jr., one Of the executors, testified as TO
Robert Ray Hamilton's death. He and c.
ID. r.. Moore left this city on invitation Of
Hamilton 70 visit his ranch near Yellow
stone park. When they reached AloGat
lake, in Maho, they heard for the first
time Of Hamilton's death They pushed
on to the ranch, and upon their arrival
learned that he had left it on Aug ~ to
hunt and fish at the foot Of the lake. He
did not return the next day, and two days
later searching party was organized On
Sept / the body was found in Snake river
Mr. Spier saw the grave bnt did not see
the body. He produced a gold watch
which, it was declared, had been found on
the body and which he identified as Mr.
Hamiltons. The witness had also seen
the deeedent's saddle, torn and water
soaked.
Mr. Moore corroborated Mr.. Spier's tes-
timony Surrogate Ransom said the fac
tum Of the will had been established. but
ii seemed TO him that Hamilton's death
had not been proved. He reserved the
case until coaciusive evidence OF death
could be presented. Mr.. Root said that
two men could give such testimony. hav-
ing both seen the body. One was John d.
Sargent, who Is now on the ranch, and the
other is a son Of DIR. Norvin Green. Young
MIR. Green is in Europe An order for a
commission will have to be issued in order
TO take the testimony Of one OF these two
witnesses