New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-24
COURT IND PRISON MEET.

JUSTICE SITS IN SING SING TO HEAR TUE
TESTIMONY OF LANE. THE CONVICT.
Within the gray walls OF sing sing yesterday there
was a little court well as Il great prison.
Michael j. Lane, the convict was brought face 10
face with Benjamin ii. Tuthill and Mr.. Tthllps
counsel, Warren W. Foster, both OF whom he has
accused Of trying to defraud him OF his interest in
piece OF property at No. 1875 West Thirty fifth. ST.
Justice OF the Peace John Dibney held his little court
In Warden Browns parior. The people were repre-
scented by John VI. Gardiner, OF NewbIrg, who had
been retained by Warden Brown By authority OF the
Attorney General. A. ". Tenny, who was United
states District Attorney Of Brooklyn for twelve years.
represented Mr. Foster together With Joseph H. Steiner
and Oliver c. Semple These men were selected by
Mr.. Foster from among the many brother members
OF the bar who have offered him their services and
assistance in the most unusual position In which he
finds himself. James W. Mclaughlin represented Mr.
Tuthill.
Lane rehearsed his story to tie effect that on De-
cember 81, 1891. Messrs. nthi and Foster to
the prison and got him to sign what he supposed 10
be- an agreement TO bring a partition suit TO d.
vide the property left by his mother, but which he
afterward found was deed conveying the property
TO Tuthill.
His mother leaving no will, the property Is now in
his fathers hands rs tenant by courtesy. on the
fathers death the property which cost $4,000 and
Is encountered by $1,000 in mortgages will pass 10
the complainant, Lane. who is serving his third
In sing sing to his brother, Daniel Lane now
Backwells Island his sister. Mrs. Joanna Fec
ney. In equal shares Lanes signature to the deed Is In
bold, clear hand. lie showed cunning under Mr..
Tenny's shilful REORGANIZATION, but contradcted
himself in many important particulars On direct
examination he said he had no Chance 10 read the
deed But under questions from the court he said
that he noticed similarity In the writing OF the
deed to the writing OF another paper. lie admitted
a clear understanding Of the terms OF the bargain,
which was that Tuthill was have 70 per cent OF
ton standing the costs OF the partition suit seeing
that taxes and Insurance paid, etc lie test-
fled that n lawyer, Moran, came TO him on January
ls and told him that he had been swinded, and that
II he would give him power of attorney and agree
10 pay him $500 Moran would get his property back.
This power OF attorney subsequently revoked
under the advice OF Warden Brown and the case put
in Mr. Gardeners hands. The hearing was adjourned
70 Thursday, March 81.
Mr.. Foster said to Tribune reporter: Il read
the deed through to Lane. We discussed the figure
at which the consideration should be placed and
settled on $4,000. which then written In the
deed. explained TO him what tenancy by courtesy
is aud how nothing could be done until his father
died. While We waited for notary. for hall an
hour Lane had the deed and read II himself. tiied
fully 10 explain every point that came up. AS 10
the terms OF the bargain which my client makes Wild
Lane or any else have nothing 10 do