The morning call., 1891-03-25
ON THE RACK.
Sensational Developments in the
Merritt Case.
Israel Lawton's BoOmerang-sOme Damaging
Admissions-An Attorneys Astounding
Questions.

For some time past Israel Lawton, one Of
the executors, has been limiting in mystic
ri0us manner at secrets which, II exposed,
would lay bare some terrible enormltles,
ana yesterday, when the hearing of the ex-
ecutur's final account came up, John a.
Stanly, the attorney for the estate, drew
the story out in all its hideousness. Instead
of hurting any one at whom suspicion was
sought 10 be directed, however, the story
told by Lawtou placed but himself in an I'M
enyiable light.
When the case was called Nh Lawton
was in court and was very much surprised
by being called 10 the witnesS-stand by Mr.
Stauly, Who appeared for the executors as
well as for the estate The witness was
first asked few preliminary questions re-
galding the account which was submitted to
the court, and admitted that he had exam
ined it from beginning to cad.
UNDER FIRE.
"What did you find out in your eXamina-
tion?" Queried the counsel.
When l examine my co-executor and
the attorneys you win find out" was the
prompt reply.
TEL me if you have found any items in
the account that are erroneous"
Wen. one thing l found out was that
Mr. Rogers had drawn $4,000 out of the
bank on his own check"
VIII you give me some of the items that
are eTr0neOuSP'
MI Rogers testified that he had drawn
$4,000 from the bank on his own sign
ture"
The witness was reminded that the matter
did moi figure in the account, and under
strong fire Of questions finally got to the
point tile counsel wanted when he stated
three amounts he thought were erroneous.
These were $1,000 paid TO De Cola, on an
order of court; Sl05 paid to the COunsePS
clerk, which was subsequently shown to be
Tor court fees in the present case, and
$4,000 for attorney fees, which Stanly ad-
mItted to have received for his services.
Concerning this last amount, witness ad-
mitted that he had signed the check for II.
that the reSiduary legatee had approved the
bill, and that he himself had never raised
any objection TO the amount before.
You have some knowledge OF the value
Of services Of attorneys"
Il have, sir"
a sUPPosITITIOUs CASE.
Judge Lawton, l would ike to put to
YOU a suppnsitltinus case and ask your
opinion as an attorney. Suppose there was
an estate worth over two millions OF dollars
and there were two executors, and the at
toTney for one of the executors discovered
trat tie other executor was devil bent
upon pIundering the estate and robbing the
beneficiary Of his trust, and he adopts Ell
fectiye means TO prevent that robbery, does
be not earn a fee Of S2O,OOO?'
Mr.. Lawton glared for moment ut his
questiouer and then replied: " If you make
any allusion to me in the slightest degree,
il is not true in the least"
Subsequently the witness was confronted
with a number Of mysterious statements he
had made to reporters, which he at first
deu.d and finally admitted having made
when the reporters were produced before
him. These had reference to the "lootiDg'
of the estate and certain OdIOuS comparisons
60 Black Bart, which he declared had refer
ence to the fact that the attorney got
10000, while the executors only secured
$4,000 Of the estate.
After a searching examination into the
witness conduct on certain stated occasions
IT, trying TO evade service Of legal papers,
counsel at length got down to the ianuendnes
in which the gentleman had been INDUCING
Of late and asked:
UNTOLD HISTORY.
Judge Lawton, upon two occasions you
stated to this court that there was an untold
history regarding the administration OF tins
estate, and By the mysterious look when
YOU affect you would have the Court believe
that tue untold history is Of such degree
of euurmity as to prevent the Court from
accepting tie designations OF tie executors
or approving the account. Now, sir, if there
ties, the attorneys, the executors, the devil
sees or lrE1tees, you viii please state to the
Court what it is. 1t IS due to the Court to
know whether there are any mysteries"
My reply is that the Court and The at
t0ruey may take the will Of DR.. Merritt and
read it. said the witness, Then compare
the present condition OF the estate with the
condition Of the estate when DR.. Merritt
ditd, and that viii tell you the untold his
tory"
For 4 time he could not be induced to IN
fold the secrets lie referred to, so counsel
asked
is it a fact that few days after the pro-
bate OF the will of DR.. Merritt you went TO
Mr. Rogers and asked MIN for 5000 for your
personal use, and Mr.. Rogers refused to let
You have it? Is that one OF the untold my5-
teTies Of this estate?'
No, sir"
Did YOU, within fortnight after you
qualified executor of the estate, at your
house, ask Mr.. Rogers to sign a check for
you for 5000 for your personal uSe?
No, SIT; it is not true"
a. Did not Mr.. Rogers state TO you that he
would report to me in the morning and take
my advice in the matter?"
mo, sir"
SUGGESTIONS OF CONSPIRACY.
SHORTY after you qualified as an execu-
tor did you not come TO me and state in sub
stance: Here is an estate worth $1,000 900.
These boys can never break this Will, and
if they could they can get only S1,000,O00. or
half the estate My relations with Mrs.
Garcelon are such that she will do anything
| advise. 1 propose that you and Rogers,
and such friends as we may select. form a
syndicate or corporation, and l will have
Mrs. Garcel0n sell and convey the whole
estate to that corporation for 81, 900, 900. The
corporation will resist the contest to the
viii ana if we choose we shall be able to
buy off these boys in a short time for very
small sum of money. We cant lose any
thing and we stand good chance Of max
ing 81 ,O0O,0 600 inside of a year? Now, are
these facts some part of this untold and
mysterious history OF the management of
this estate?"
Il remember of the fact that was busy
Incorporating the Hotaling estate. thought
the plan would be good for the Merritt
estate, us it would save expense. AS for
making any profit, deny it most emphat-
icaIly."
Did you make suggestion to Mr.. Rogers
to buy the estate for Sl,00O.OOOY
mo, sir"
Did you not say to me that all Mrs. Gar
celon wanted was 100000 and that DR..
Merritt would rather that you aud L have
the money than his neDhew8"
NO, sir
When / was commissioned to negotiate
with the nephews did you not say to me
DO not forget my syndicate?'"
L may have used the term syndicate.
That means incorporation"
Dld you not make suggestion with Mr..
FnOte that lie could make better terms with
you than he could with me?"
No, sir The ihsinuation is bass and
vile l never did it.
POINTED QUESTIONS.
"While the matter of a compromise was
pending from day to day and yon were
called upon to sign check of $4,000.
dldu't you say that you could not afford to
take such a responsibility for the mere COM
mission you were to receiver" asked Mr..
Stanly OF the witness.
No, sir The insinuation is vile and
base"
almost as base as the fact" added Mr..
Stanly, sarcasticaly
rs it the fact that [ personally had to
exert all the influence that could command
upon certain parties in this estate during
the months Of November and December to
prevent their filing charges against you and
asking for your removal on the ground of
habllual drunkenness, mental incapacity
and dishonesty. Is this one of the mySteri-