The sun., 1891-01-23
NAME FOR NAMELESS EVA.
.Hx 10 MANN's WIFE, NOT HAMILToN's
WTDOW, sATS THE SURROGATE

S.oof OF Rays Death SIN Lacking.
m. nameless Eva was named by Surrogate
p.n.om yesterday. He says that she is Eva
Mann and that she was never the vile OF Rob-
~, nav Hamilton, whose will she undertook
~ a.on,ast. The Surrogate holds that his flnd-
,us. Of fact. on conflicting evidence. are like
;nry,s II he makes q mistake. he holds. the
ronrt OF Appeals may correct 1t. but that court !
Ia novorless to settle conflict OF evidence.
vhoh. in his belief. the Surrogate settles Tor
ever.
r.nrsyIyania 10 attend her mothers funeral. |
Ri Charles W. Fuller. her counsel served no.
.oo NJ nm apreai. anil snys he will carry tho ,
.,ss m 10 the Court OF Appeals. Tie will |
.h.,don. no said yesterday. nll other proceed |
,,c. and make no attempt 10 hinder the rro- |
bate Of tho WILL
In closing his cnso Elihu Foot snid:
"Tbis woman has displayed n fnbr!c Of fraud
anil ,alsehood in her testimony. and upon ouch
,sstmony as that your Honor can never award
+. Widows portion. She has certainly pre-
scn,ed tho most extraordinary fa' rc OF false
booi ever presented Ia this court room. Shc
to,l n deliberate fslsehood whom she said she
wa. not present at her brothers trial. when
Jo.h swore that she was his wife, and she told
/. for the purpose OF maintaining her claim
cold bloote lness which led Robert Ray Ham,
n,on into a ceremonial marriage with her
vben she was the devoted wife OF Mann. The
rslations Of Eva and Dotty were matrimonial
relations without question. but with Hamilton
ths contestants relations were as cold
booded as ruthless. rs damnahle rs tho pros
flutes who takes q nnn TO her arms in the
first hour that he has met her. Her testimony
Is tho coolest and plaincst perjury that your
Honor has ever been called to rass upon"
that the early l,ie OF his client lad been wick
Cd. but it was her misfortune that she had met
or 1.1 nan nnmsd !, mni hSss
i"lk city wouldn't be big enough to hold all
De shall % tSis Won an" said Col Fuller. closing
his appeal. BE thrown from her position as
The iis lawful widoY Of Hamilton back into the
%ns apa viii f The court % say that she IS to be- de-
GI!vsd oi ,,i her right OF dow'r anu sent back to
Ir. Root was on his feet again for a few
xorda He cbaractsrized the marriage with
Hamilton a. simply s!eP % to enlarge a the seg
ihs $arsoxate spoke az follows:
Whether the contestant was Or was not at
ps ss Ssns se ass sns
sa. sn bsSsaa ssyi sas was @ Tertss s hs
t' s't his rss S!' s'iss s. sess
%sssis nth DS eppo
that. subject. The question presented is
sh q bs Ehss hs sss %; hs to
stsdI aardsd - admitted. II ahs had the light In
thsn capable. o. doing the same. the ceremony
s:ss .M s saarsSs :hsE g. maslsSs snsR hsa in
z. sss:9sns s.osps vas void and nullit' and must
NvS.iv Hs>.<too 4. vh>thar TIA oontoat
sSsrss sS eaa Y IL hssa iasysr Sss
sSs. sSs sRs
ssss.ss : ss!. sBsSs9 h.f
believe sAs meant to say .sns arer In tie
sose9 isRsie friend TO man in tho last stages
oitRSsoi!Gisy s Utilization. or doo,,r.t,on. =, mi.
woman and Joshua Mann that they were man
either dlselcse The honest feelings oi The heart
Or we're made for tho purpose OF conoealinG the
hliites IN tpts case to some extent. 1s II likely
S.dss! ssz ss
Gtmpiy ps! ssnse Of her OBLIGATIONS to her hus-
a4o4es that bss sSst he Mns SSn
Pta,sd her honest feeling toward q man who
hadSssn the man OF her choice OF all in the
The Court Of Appeals says that MARRIAGE
pos Doo n h ess any any
I 9u.h a9Y 9shss
spon confession Of ESs ana Josh S b. is AS't Of 10
Been ssls sGn5ess 4 Hs@i, TGac
~ we're th. wil!lnk to contract lawful marriage
hs as rsstens Sssnss :. 3osh hs ass
S:t:Sleious s.;:; they SUBSEQUENT, Became masri:
,.".i ,.. must rsier to an item Of evidence which
s:s Tssh WITH The motive Of
Court that she was lawfully married 10 .Hsmil.
Therefore hss svidencs must 80 taken With
toSB!S9n: There e no question about the
hs,s that they heard Josh Mann tcstifs on the
ussgs ss aHsIsed ss as 81 Ms nh
tss ss... xlnsss stand when che had such vital in
..Iiisstes that my duty eompels me to say
iSsa':stssnt and shall content mysei By say
e Sss tst as not a'f bssSs fsasGss s ho
tsss5 ~ 4, ms epnsestant and Eofert kay Hsm.
V! fRb,sT obs!Tt Ia! III Hsnii,5n ai%s, 70 contest
W. pustIo III tbo court rOGLu hh tne
HSSHoaets ~ finished Gen. Schuyler Hamilton.
-. ~ Isthef Of Ray, who has watched the pro-
flnes lntent!y, wrung tho hands Of his
sS~.xyem. While Eva's counsel quietly slipped
~. peatrtce Rays guardian. Sherman ".
r.ssss SAID that, iu view Of The SurGognte's
oi,len a9d Exs's own admission on Wedneh-
kE snnf beatrice was not Hamilton's child,
~ ~ AZ moi p, Snter any oblsctions 10 the pro-
~ NsSsn the court reconvened at q, o'clock for
| 6.,proeete Of he will the scene was hanged.
| Sss.ns stoM spsctators were here. and the hal
n notd IL nrl
yolner and b. W. Couch swors 10 thoir sig
| HmsfS.s e witnesses OF the will Of Robert Ray
IL Hsnos; nrnosss; which he signed on Marcn II last at
Hilbert y. ,spsir. Jr.. one OF the executors.
| SHnod that he had gone to the ranch OF
iSao inSSoest nay Hamilton In Wyoming last fall on
SE + Moore. lie arrived there In Septeni-
tan' ~ and learned that the dead body OF Rapil-
y" nad 9son found In the snake hiver on Sept.
twenty mon was organ gam !zsd. whshi found @ the 10
ssss ssS, .6s AIsy: q Hamilton; and fsd iasntasd
6St 6S ranch Hs produced gold watch which
stoppssSe Ssen foSnd or the body ard which had
w TO- be Rays.
hoSLr Root said that those who had seen the
we're not accessible at present. Mr. john
rsnSS gent, Mr.. Hamilton's partner in the