Evening journal., 1891-06-13
CONSPIRACY IS CHARGED
An Alleged Plot in the Stewart
Will Case.
A SYNDICATE AT WORK ON SHARES

Henry Hilton Makes Strong Charges
Against Attorneys benjamin. r. Butler
and william III. secor-The Defendant
in the Case Is said TO BE on Both Sides.
NEW YORK, June 13.-A startling story
was developed in the United States circuit
court in connection with the never ending
Stewart will case. EK-Judge Horace Rus
sell, counsel for Henry Hilton, made a
threat last week to unearth Gigantic
conspiracy on the part of syndicate Of
spectators to gain some of A. 4. Stewards s
millions The story Of this conspiracy was
told in series of affidavits which were
presented to the court In book form. The
motion made by ex-Judge Russell and
Elihu Root was in the case of Sarah
Branagh against William p. Smith, Mrs.
A. 7. Stewards former coachman. 1t was
for an order permitting Charles j. Clinch
and Henry Hilton, as executors Of the will
Of the late Cornelia M. Stewart, bo inter
vene in the action, and requiring them to
be made parties defendant thereto on the
following grounds:
A Charge OF Conspiracy.
That they are interested In the subject OF the
action, and that the action is promoted and
maintained not in the interest Of Justice or 10
establish legal rights but by corrupt collu
sion and conspiracy 10 defame and Libel Henry
Hilton IN an action.to which he Is not a party,
with tbs purpose and object of inducing him to
buy his peace against such defamations and
hbets, and for the purpose OF casting an ap.
parent cloud upon the title OF property devised
to Cornelia M. Stewart, deceased by her hus.
huT in tufls nd tfxe q
not now the intention Of the defendant vii.
liam p Smith to further defend atkafnst the
actfon or against the appeal from the judgment
therein, in good faith, but that he is in corrupt
coilusion and conspiEacy with the plaintiffs
attorney and counsel aud with other persons
70 promote and maintain the action against
himself.
Sold Himself to Syndicate
In other words the counsel for the ex.
ecutors claim that the defendant, William
+. Smith, is engaged in pretended litiga
tion. and has virtually sold himself 10
syndicate which Is back of the claimants.
and whose purpose is to get possession Oh
the Stewart estate. General b. +. Butler
is counsel for the plaintiff, but he made no
appearance until late in the afternoon.
The motion was therefore granted by de-
fault. When General Butler and William
H. Secor went to court later and found
that the case had already been disposed OF
they said they were glad Hilton and Clinch
were hereafter to be made defendants to
any suits that were brought.
what General Butler Says
General Butler expressed the hope that
he would live long enough TO see the end
OF the Stewart will case, but he thought
that improbable. He denied that he had
any interest In the case except the amount
Of his fees. The papers also charge that
Smith asked ex-Judge Russell to defend
the case for him, but when he appointed
conferences Smith refused to keep them,
He was constantly in company with the
plaintiffs attorney, William H. Secor,
with whom he went to Ireland, and was
also in constant companfonship of the
alleged Scotch and Irish heirs who were
interested in the action against him. The
contention, therefore, is that Smith, as a
genuine heir to the extent OF $50, 900, by
allowing himself TO be beaten by one Of
claimants, would enable the "syndicate'
to so harass other benficiaries Of tine Stew
art will by threats OF similar suits that
they will buy their peace at high figure
The Greek Author's story.
Ex-Judge Russell tells Of an interview
which took place between himself and
Telemaque 7. Timayenis, the Greek aa-
thor. Timayenis went to his Office last
December and said: Judge there's
great conspiracy going ON against the
Stewart estate. had desk room in the
Office Of William II. Secor, and have seen
Sturges and Bingham in there and once
Ben Butler. They're plotting all the time.
They have old Smith, too. heard them
say Smith would have 80 per cent. OF what
ever they got out Of it, and / saw them
give him roll Of bills on account-Ss00,
think" Timayenis promised to make af-
idavit to what he heard, but wanted S., 900
for doing SO. IL was refused, aud he didn't
make the affidavit.
Ex-Judge Russell also AYERS that during
the fall Of 1890 several persons called az his
Office and told him they had been asked
to take shares in the syndicate"
shares In the Syndicate.
An affidavit made by Jacob Dreicer, OF
us East Sixty-fourth street, declares that
he was asked to go into the syndicate to
break Stewards will Norman w.
Brougham, Boston lawyer, was treasurer,
and Peter Sturges was to get 81 per cent.
and Benjamin Butler 10 per cent. OF the
proceeds" +" he declares. According to the
ailidavits, shares in the syndicate were to
be sold at $3.50 apiece and they were likely
to make $50 600 on each share