The evening world., 1893-10-26
STEWART CONTEST BEGUN.
Ex-Judge Curtis Opens with an
Address to the Jury.
The r%laIntiT's Aged Mother the
First Witness.

The action In the SUIT Of eicCtment
brought against Henry Hilton by Alex
ander Stewart. who claims to be IA sec
onl cousin Of the late A. T. Stewart,
and is taking this means to prove his
right to a share OF the millions left by
the dry-goods merchant. was continued
before Judge DAILY and II Jury in the
Court of Comon Pleas to-day. Counsel
for the defendant, including Joseph II.
Choate. cx-Judge Horace RusSe.l. Elihu
Root and Mr.. Holmes, were early ON
hand and in consultation hefor" court
opened. EN-Judgc GcOrg" y. curtis n
]plainnnt. Mr.. Secor is stlll very III. and
vas alb" to render only l!ttlc assistance
TO his associate.
EN-Iudge Curtis opened the case for
the plaintiff by addressing the jury.
The plaintiff, he said, was a native Of
the United States. His father had been
na%turali2el in this country in 1851; y"
question Of an alien, coulI be introduced.
Tn" right Of the plaintiff 10 sue In AN
action OF this Kin was clear.
The case Of Sarah Fireman, whose suit
was non-suitcd in the ]f"4"ral Courts,
h~ccaus" she was u second alien, was
and had never gone to "A jury. MI that
trained intellect could do had been done
to prevent the merits Of the stewart
will being CanVasscd hy y Jury thus
far. Tn" father of IN" complainant was
the uncle of the lat" \. Y. stewart
ltr married Nathtrtn" Snarkcy and
marriage. lie was, therefore, u hion.
relation. His father had persisted In tn,
war in his country while iiEhtinr f1l
IN" union, Tn" common ancestor Of ,l'
Sl"Warl family was Thomas Stewart
uf stony Ford.
\. r stewart, counsel further said, wa,
not only a remarkable business man
but h." was also Il man Of high Clura
3 lion HAVING hatp ,IiylnulN TllIto tod fn1
the church, His mother was n note,
beauty in Ireland. and hCfor" she mar
r!hiG2 his father snG Was known as TIN
EN-Iudgc Curtis added that they woulD
prov" that Mr. Stewart knew aud rrcOg
nizrh his relatives, and that MIR Hilton
was awar" that such relatives CNi-t",
and that Mir stewart had helped them
The defense would set w that Mrs
stewart got the question from her nus
, band by hi" WIN, and that "A-Julsc IIll
from Mrs. Strwavt. Mrs. Stewart Coul
not dc"ed the property To- MIR liiltoI
r unless tn" will Of ~ Y. stewart wa
valid.
Mrs. Catharine owens. the first wit
, ness, testified that she Vas IN hrr slN
ticth Year. She came hrr" vheu lively
years old with her aunt, Mrs. NuiNahoN
They settled in pott'vllo, Pa. wh"r
they lived three years, They moved I
rhtladelphta. she married AleNauI,
Stewart. IN" complainants father. i
the church Of the TRANSPORTATION i
Mott street, this city, when sh" W.
about seventeen years old. Her m1idu
2 name" was Catherine Shark"N. tn" Wi
> ness produced her marriage C"rtilya,
Tobias cody, n witness to the marriag
. who WAS = witness for the ComplaInuu
died two months ago. cody was an a.
timatH friend Of tho witnesses hushan
= Witness said thai she had eleven en-
g dren by Alexander Stewart. The con
plainant was the sole survivor. lie Va
= born June ~, 1854. Alexander Stcwar
q / htg fafhnt u1g ~ V,N.t.gl .r,. ON, 90 -