New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-06
Is SMITH A STRAW MAN?
CHARGES IN THE STEWART LITIGATION.
THE DEFENDANT SAID TO BE coNsPIRING WITH
THE IRISH RELATIVES.

THE IRISH RELATIVES.
The charge will shortly be made in open couro
that there exists a conspiracy with no less ambi.
tious an object than the securing of the millions
left by Alexander 7. Stewart. The attorneys TOR
ex-Judge Henry Hilton and Charles j. Clinch will
declare that William p Smith, TO whom Stewart
bequeathed house, has entered into corrupt
collusion7 with the Irish relatives of the dead
merchant to deprive the heirs of Mrs. Cornelia u.
Stewart of the money and property left to them
by her. The attorneys will further try to prove
that the suits of the Irish relatives brought to
libel ex-Judge Hilton, and that they are being
pressed by syndicate, the members OF which are
to receive $4,000 when they gain possession Of
the estate, for every $1,000 paid in by them now.
The first action brought to- have A. T. Stewards
will declared invalid and TO have his estate d.
vided among his relatives, that Of Sarah
Branagh, of Ireland, against William p. Smith,
which brought to eject him from the posses
sion of the house No. Is East Thirty-ffth-st.,
which Stewart bequeathed him. Smith was In
the employ of the merchant prince for many years
and was n witness TO his will. The plaintiff
the daughter of one of Stewards first cousins. and
Judge Wallace, in the United States Circuit Court
a few weeks ago directed verdict for Smith, on
the ground that alien could not transmit tho
title TO inherited property. AS the suit was
test one, eX-Judgc Hilton and Others who were
interested in Mrs. Stewards property employed
Joseph II. Choate, Elihu Root, eX-Judge Horace
Russell and Jabish Holmes, jr., TO appear for
Smith. The plaintiff was represented by General
Benjamin F. Butler and William Holt Secor.
AS the first suit was dismissed. another
was brought against Smith by Thomas Stewart,
Of Ireland, and Alexander Stewart, of New-York,
both first cousins Of the merchant-prince. 1t Is
in connection with this suit that the charge Of
collusion and conspiracy is TO be made. Jabish
Holmes, jr, appeared before Judge Lacombe in
the United States Circuit Court yesterday. to
make a motion embodying the allegations Mr..
Secor present for the plaintiffs. 1t was motion
day in Judge Lacombes court. and he was kept
busy with other until after o'clock. Con-
sequently Mr.. Holmes could not fire his bomb
she'll, and will have to wait until next Friday.
Following however. is the motion which he
wished TO make:
You will please take notice that on the annexed pe-
tton and the ahdayts thereto attached. shall move
this court at the chambers thereof in the Postoica
at IL O'Clock in the forenoon, or thereafter
counsel can be heard, for an order % permitting
the last will and testament Of Cornela VI. stewart
deceased to intervene in this action, and requiring
them to be made party defendants, thereto on tho
ground that they interested In the subject OF the
action, and on the ground that the action wa.
of justice or to establish legal rights but by cor
Tlpt cOlluSiOn and conspiracy to defame ana libel
party for the purpose Of inducing him to buy his
s ~ coc m st coSa non Ss
title to property devised to the said Cornea u.
stewart by her husband in his will. and By her either
sold conveyed to Others in her lifetime, de-
vised by her last will and testament TO her relatives
intentions @ Of the U defendant, fer ian William p Smith to
defend the action in good faith but tina; he Is in
plaintiffs and their attorneys and otner persons who
corruptly maintain the action.
And 2l further requiring thet the said Charles J.
C.lnch and Henry Hilton, sg1h executors their
attorney be served with copy OF the summons and
appear and answer in the action, after such service
an and ,a that uu al suo sS In sa%non: tine acSS SS
complaint upon the said Charles J, Clinsh and Hcnfy
Hilton or their attorney and & that william H. secGf f
Hilton and Cnch. Horace Russell, their attorney,
seEcser brsht @ by them in II he name Of nS any aesd
heirs law of A. T. stewart against the said William
East Thlrty-fftist in the city OF NewYork and that
petitioners may have such other and further relief as
justice may require.
Mr. Holmes had about 100 pages of afidavits
to support his charge that Smith set himself up
as straw man for the Irish relatives to knock
down Part of the evidence is to prove that n
syndicate has been formed to push the suits. and
that its members. by dropping $1,000 in the slot.
are to receive 100000 when their ship comes in.
EX-Judge Horace Russell. when seen yesterday.
expressed his unwilingncss to fight his In
the newspapers lie intima ted that his side was
in possession of startling facts about the suits
The others have been shriekng fraud and
perjury long enough" he said, and now it is
turn 10 lave inning"
The Irish relatives have based their claim on
the assertion that Stewards will is a forgery.
There four alleged witnesses to it, they say,
William 7. Smith, William 3. Lynch, Stewarts
valet, DR.. w w. White and DIR. c. E. Marcy.
T'1o or,t-s sioio II &c al Nr
that when they signed the will neither Smith nor
Lynch did So although in law all the witnesses
are supposed to sign in the presence Of one another.
There is a hint too, that Lynchs signature is
forgery. Besides the physicians are quoted
declaring that Stewards signature was not affixed
TO the will when they signed it, nor did he write
his name to it in their presence DIR. White
70 testify for the defendant at the recent trial,
he must have gone over to that side after making
his assertions 10 Mr. SecOr
William 7. Smith was not in the city last night,
but it is understood that Mr. SecOr has in his
possession an affidavit from Smith declaring that
he never signed the will. This would be indica-
tOn enough that Smith was at least on friendly
terms with the other side. At the recent trial
IL was noticed that he chotted with several OK
the Irish relatives in confidential way.
Mr.. Secor, when seen yesterday, said: I'VE
intend to fight this case on an honest basis and
on snad Hgas ,b the & 2'3Gr % sde nudge
suit BranaGh case but the second suit is
longer in court. We have withdrawn the sum-
mons because we learned that an alien and ID
citizen could not bring n suit together Therefore
Mr.. Holiness motion would not apply General
Butler has instructed me 10 bring suit for every
pose Sa f3 i Mas Dr. d fa Mhd 90 & as ot e
TO see Smith about the signatures to the will,
although DR.. White is now to be a witness for
the other side.
Il have been in the only year. and
since that time no syU1dficate I'd has had ANYTHING
was retained, don't know and don't care.'