New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-13
w. p. SMITH is THEIR TOOL
REVELATIONS IN THE STEWART CASE.
DEFENDANT WHO SIDES WITH THE PDAINTIFV
THE SYNDICATE WHICH is PUSH.

a. Il.
Lsoombe in the United States Circuit Court Yesterday
The facts were presented In the form OF adavlts in
support Of motion made by ex,Judge Horace Russeh
In the Of Sarah Branagh against William p. smith
The sui. brought by Of the Irish relatives oil the
dead merchant prince to eject Smith from the posses
sion Of the house No ll5 East Thirty 1fthst' when
was beQucathed to him by Stewart. The srouru az
legged that Stewards will forgery. Iho
was decided in favor Of the defendant before Judge
Wallace, but an appeal was taken.
Enhu Root, ex-Judge Russell and Jabish Holmes
jr., appeared before Judge Lacombe yesterday morn
ing 10 for order permitting Charles j. Chhon
and Henry Hilton, executors oil the last VIII ana
testament of Cornela NJ Stewart, deceased, % inter
in this action, and requiring them 10 % mauo
parties defendant thereto, on the ground that tey are
interested in the subject OF the action, ana on ue
ground that the action is promoted and maintained,
not in the interest Of justice or to establish legal
rights but by corrupt oollusion and conspiracy TO
defarne and libel Henry Hilton in an action to when
he Is not party, with the purpose and object OF III
ducing him to buy his peace against such defainanons
and lbeh and for the purpose of casting an apparent
cloud upon the title of property devised 10 Corhefa
NJ Stewart deceased by her husband In his will; and
on the ground that II is not the intention OF the
defendant. William r Smith, 10 further defend against
the action against the appeal from the judgment
therein, in good faith but that he IS In corrupt col
fusion and conspiracy with the PLAINTIFFS attorney
and counsel and with other persons. to promote and
maintain the action against himself"
Neither General Benjamin +. Butler nor William Holt
Secor the lawyers for the plaintiff, was in court, so
the motion was granted by default Mr.. Root SAID
that he would not ask Judge Lacombe to sign the
motion once, he desired 10 make certain changes
I'm the adavits view of the fact that opposition
had been offered 10 the motion. Later in the day
General Butler appeared in court with apology for
his hardness
over 100 pages Of printed afidavlts were handed In
with the motion These papers gave in detail the re-
suit of the investigations into the relations Of Smith
with the Irish relatives md their attorneys, and into
the syndicate which it Is charged is really pushing the
case. The first paper annexed TO the motion was the
petition of Charles j. Qlnch and eX-Judge Hilton,
which rectes that the action was begun June 81,
1885, Herbert H. Walker being the attorney Of record
Walker was afterward succeeded by other lawyers.
Smith asked exJudge Russell to defend the suit, but
has paid any of the expenses incurred At
first Smith did what was necessary to defend the
action but since some time In 1890 he had been in
constant conference with the plaintiffs attorney and
with other persons, aiding and assisting them In every
way In his power to maintain action the primary
result Of which would be, If successful to onst him
from real estate of the value Of not less than 100000
Smith had received more than $4,000 from the
bounty of Mrs. Stewart 1t is further charged that
Smith went 10 Ireland with Secor and when the case
was being tried he was in the constant compaonship
of Secor and his clerk Peterson, of George Beglcy,
Robert Hilland and Andrew Stewart, alleged scotch
and Irish heirs interested in the action against hii'
and of one Mackenzie, lawyer, who had accompanied
the said alleged this country to assist in main
tanning the action and that he has since spent most
Of his time with those persons.
The petition declares that the action is promoted ana
maintained not by the alleged plaintiff, or In her IN
teress but by conspiratOrs calling themselves syndi
cate who have severally contributed sums OF money,
placing said moneys In the hands OF one Norman
" bingham as the treaylrcr of said syndicate for
the promotion and maintenance Of this litigation, in
the hope and expectation that they may induce pur-
chasers devisees from and Of the said Corneha NJ
Stewart 10 buy their peace against false, wicked and
slanderous charges.
The first afidas.. Is that of Smith, made IN 1856,
in which ne declares that the action brought only
to induce persons interested In the estate OF stewart
to buy their peace The next affidavit Is long one
by exJudge Russell, and begins with history OF the
suit 1t then tells how Smith refused to make an all
dayit I'm the case last November apparently because
he dslked ex-Judge Hilton. In last December Teie
maoue T. TImayenls, a publisher at Twenty third-st
and Fifthave who shared his Office with Sccor tOt1
sx-Judge Russell that Peter sturgcs, secor' General
Butler Bingham and others were plotting against
the Stewart estate. Timayens had sturges give
Smith $500 to sign affidavit declaring that he dd
not witness Stewards will with the doctors ExJudge
Russell said that Tmayenis refused to make an AFFIDAVIT
containing his statements unless he should receive
$4,000 A part of a letter from member OF inc syn
dictate was included In the affidavit The letter tells
Of the efforts 10 raise money pay the expenses OF the
himself but in this state Classachusetts 1t Is crime
for +he attorney to DO it," Another letter given in the
papcr Is from lawyers who represented ten OF i'
sixteen second cousins of Stewart. and who suggest tna'
ex,Judge Hilton could save himself from much vexatioh
nv calling ON them at the Occidental Hotel in the
Bowery These lawyers, who arc from the west, "ero
IN daily consultation with Secor and General Butter
during the recent trial.
Another affidavit made by Jacob Drelcer
1eweler at No. LIES Broadway ana al INC uf", tr
Union Hotel Saratoga. Dreicer told how CharIeS Al.
Knox OF the law firm Of Knox d Woodward Nos o.
and 81 William ST. introduced him TO Sturges, VINO
e 70 persuade Drecer TO invest some money In the
syno,cate Knox read an agreement between uenerd
But,er and sturges providing that II the estate "eie
secred 10 per cent OF it TO go TO the 1eher ana
81 per cent 10 sturgos In case t'e oe'er"i nv
before the case was finished his estate was 10 recei'o
II, enc md a half per cent Sturges said 10 DTecer:
ave have got in our control old employees ana olu
servants of A. T. Stewart and we Will break VIC wiz
snren Drecer left the Office saying that nc "aiveo
20 think the subject before decdihg 10 put ms
money into the scheme. He had known exJuoSe
Russell and ut once went 20 him and told the whoie
affair. r-.....
Tic aihdavits of Dr.. William IL. White, Dr. Era'tus
Y Marcy Mrs. Cornelia Stewart Butler ana Ed"au
b. Hilton witnesses 70 the will Of A 1. stewart anu
40 che codcils ~ it, are also filed with the motion
These witnesses swore that the viii was properly
s,c,,.a nv stewart and was witnessed by them. Ex
surrogate Delano c. Calvin also made affidavit TO the
tacts connected with the admitting to probate OF the
Stewart will on April 10, 1876
The afrdayIts Of Smith made April 10, 1870, and
on November %, 1890, also given and are highly
significant when taken together. Inc irst one says
that smith signed his name the will as witness
q, enc raouest of stewart in the presence Of Ds. White
and Mare lie saw the ply sGans sfsn their names
az Witnesses and Knew that they did 50 az the request
~ stewart and in his presence smith also saw
stewart sign the will IN the presence OF the two phys
dams and heard him declare the paper 10 Dc MS iast
viii and testament -, H., A. .o .aoood -.
The second andavit was probably the one signed by
s,,itb in the presence Of Tlmayens after Sturgee
had Maid him $500. 1t opens by saying that Tho
ailant is seventy one years old ana ior over t%N
vears was the coachEaI personal atteIuant caetaker
and manager OF A T. stewart me aiidavt says
never subscribed was requested 20 SuuScrsno
any will or testament OF BY said Alexander J..
stcwart deceased in life, or by any one else, IN ms
bebaif with said DIT. EIastuS E. Marcy and said DR..
William H. WHITE and said Lynch in the presence or
or at any other place and any Signature 70 Sucn