New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-17
EVA'S POOR MEMORY.
A DIFFICULT WITNESS TO HANDLE.
CURIOUS CROWDS LISTEN TO THE FIGHT OVER
ROBERT RAY HAMILToN's ESTATE

Whether the pay EOlUE Oh utiOiC T"'''r"N~
which is incidentally fight over portion oil hoOcr'
Raw Uaniltons fortune be characterized rs farce,
comedy drama or tragedy, there is certainly enough
variety about il to keep up the interest even Vi u'c
mixed audience which crowds the courtroom each odS
The play took sharp turn yesterday The chat"o'c.
Of Joshua j. Manu. who has heretofore been cOs'uc'cu
strong but invisible actor In the piece, was brought
out IL the light Of Tie weakest kind OF We"AiiE'
He was a poor feebleminded imbecllc who was hot
able to take care Of himself and that fact explained
why he wa, with Eva so much. SHE took care VI
him. Poor Mamma SwintOl wanted to be rcleVed Vi
the care of her occasionally and geneFoushedr'e"
Eva relieved her Of that part Of the time Se
took him ont to walk around town TO give MN "'
airing and watched him that he did not ollhh
too much bad whskey. because that was his prhc'Pdi
falling When Eva took him out Mamma swintoh
always expected that she would OF course. bring MN
back with her. Mamma swintOn was 50 much woillcu
With the OF JOSH that Eva took nm WITH hc'
when she went rOwanda. But never, on never
did she admit that she and Joshua were married on
no There was a great difference between being In
troduced is Mrs. Mann and Josh" being introduced
a. Mr. Mann when they were together and calling each
other husband and wife II any one should be III
qlsltive enough to inquire In what relation they STOOD
10 each other, he always told that Mr.. ana MIS-
Mann were cousins
Contrary to the expectations Of most people, Eva
took the witness stand in fr own behalf II that iact
surprise TO the audience III INC couluVOH, t"O
fact that she made 50 good a witness must have as
tonished them In answering the suavc questions OF
her counsel she went over her acquaintance with Joshua
J. Mann. Eva said that she became acqualnted with
Mann In 1881 1eo2. she told all the folks al home
that JOSH u friend Of family with which she
had been staying The first ugly. fact which she was
called upon to explain away was that josh hdd
sworn, at the trial OF Eva'o brother IN Towanda, that
he had married Eva That was exceedingly simple
she not IN the courtroom at the time and did not
know that lie had given any such testimony. Then
she denied the testimony the effect that she had
lived with Mann ~ his wife. Then the testimony OF
each witness was taken up separately. She either ala
not know anything about 1t. the witness had sworn
falsely How about that tr p 10 Laccyvle PENN with
Mannln Well, Mann imbeclle and totally unfit
TO take care OF himself lie had away from home
and stray:d to Eric shortly before. Mrs. swlnton
was worried 50 much about him, that Eva took him
with her to Pennsylvania 70 relieve Mrs. swinton's
mind When they arrived at Laceyvllle, Mann was
helpless from drink, and She asked the clerk at the
hotel 10 register their arrival she supposed he did
so but she did not know anything about it from her
own knowledge. she had never seen the hotel register
Mann had had accident, it seems, and was In
perfectly heplcs, condition. She had him taken 10
her room where she could take OF him.
The next ugly fact about that deed TO the
property she bought in rassaic. ~ j. in 1888. she
bought it In the name OF EyangellGe l.. Mann. and
was described widow. she sw0rc in fact that she
Wa, u widow. Well She did think that this
AFFIDAVIT read to her before she signed it. She
used the name Mann because Mr.. Hamilton did not
want her t. the Of Mrs. Bin, under which
name She Ind been known previously, except In
banking money Mann and Mrs.. SwintOn lived with
her IN the Passsic house, but size never known as
Jo,h's wife. she always said that she was his cousin
ana they never occupied the same room.
ms part Of her testimony had been cOrTobOrated
earlier in the day, by Dr. Frank II. Rice. lie had
called aid attended Mann ut the Pas7aic Rouse The
contestant was introduced to Inn Mrs. Mann the
cousin Of "Josh.' lie understood throughout that
Joshua j. Mann was the contestants cousin.
In continuing her testimony Eva said that Sic met Mr.
Hamilton years ago. Hamilton met Josh
In l.-G During much Of the Of their acquaintance
with Hamilton, he IN the Legislature, and he used 10
come 10 city each Friday night and stay IN tho
clty until tie following Monday morning. During
these vlsio ne spent OF tho time with her. and
he supported her entirely.
Ennu Roots inqulstOrial cross examination WAC
Acpt up for half an hour before and little
over hour after the court rc'sc mbcd II Eva had
been good wines, on the dicct examination. She
showed even greater scltcOutrOl under the hot hie
Ot embarrassing questions which Nj. Root shot at her
Iier voice WAS well mOduIated and her pronunciation
wus clear aud distinct. Occasionally look OF dis
-st would pass her features rs she emphasized
an answer which Mr. Roo, had not heard distinctly.
~Ac seemed u tc perfectly "III4Hb 10 answer Nuoe
tons, but She acted though she resented being GueS
. TONED by ,uon 81 dull lntclrogAtor When Mr. Root
would get long aud involve ID sentence size would
ak the ,t.no-iapAcr second ana sometimes a tAlIu
tnIc 70 read il over Then If she thought II covered
too much ground she would tell Nj. boot that If he
would divide Als question she wodd answer IT, she
Insisted upon that being done several times She
went over TIE Who'll, story again answer u Mr..
Roots questions. Here Is sampe oi tho mental
spairus between the witness aud Nj. Root:
Were you introduced 10 ur William ~ Kemp as
MIS- Mann, IA t.c presence Of joshua j. Manu. "hel
hc called at your house. IA January l77g
Il cannot say. dOVt remcmGer
81" 10 ypG dcu5 that y0u were - introduced y
Slowly and aisancuyJ Il neither deny nor 40
When Ilr, Evers testified that she and josh
occupied Two connecting rooms IN her house IN winch
there wa, only one bed Mr>' tNetS, LNa s'I j'
falsely There were two beds IN the room enc 7a'u'
ana she declared that MIS- swinton had explained To-
Mr,. Evers wien she engaged the rooms that " JoSh
and Eva were not man ana wife. she had never
T,I oIy on, tllt lie was Mlnus wife, and all those
VINO had sworn that she had told them 50 had sworn
/ falsely. She never occupied the same N0h WIN
! Mann at the houses Of hey relatives In Iowanda.
Nor had size told any one up There mat sue was
tine name which appeared In the Signature boon oil
the Union Dime saving, hank. ~ q the Information
which was contained III the BOOK mat she vas the
wife Of Josh Mann. She presumed she had given
! the Information a it wa, there. -
At this point size leaned over ana toh the SutrO
gate that Il the examination was to continue more
! than hall hour more she would like Ia he excused
until another tine, a, >hc was not strong, having
been IN recently Mr. Root acquic. ed, aud the case
! wa, adjourned until Monday morning.
The same prOmiscuOu> crowd damned It's way INTO
the courtroom before rcess Many of the faces were
fully a, vile as air which those Ia the courtroom
bVathed. ana among these lnqulatye spectators were
/ many bold faced women. one girl, not more thal
hftcen or sixteen years old, occupied conspicuous
->.at During the hour many Of those present
i'm the morning remained IN the courtroom, prelerrnS
| To lose their luncheon rather than run the risk Of
losing their ,elt,. After recess officer stood at
! the door and ,fed out the crowd. Nearly all the
SEATS were occupied by women and the men had to
! stand.
| CAPTAIN EEICsSON'S OF FER WILL
Judge lngrahlm, in the Supreme Court. yester-