The evening world., 1893-10-26
STEWART CONTEST BEGUN. FL Gil
E1-Judge Curtis Opens with an
Address to the Jury.
Tho Plaintiffs Aged Mother tho
First Witness.

The action in the suit OF ejectmcnt
! brought against Henry Hilton by Alex
ander Stewart. who claims to be n Soc
ond cousin Of the late A. r. stewart,
and is ,nkinG this means to prove his
right to "A share Of the millions left hy
the dry-goOds merchant, was continued
before Judge DAILY and a jury In tho
Court OF Comon Pleas to-day. Counsel
for the defendant, including Joseph II.
Choatc, cx-Judge Horace Russell, ElIhi
Root II Mr. Holmes. were early on
hand and in consultation before court
opened. EN-JudG" Georg" y. curtis ana
William IL. SeCor represented the com,
p%lainant. Mr.. Secor is still Very III, and
was able to render only little assistance
to his associate.
Ex-Judge Curtis opened the case for
the p%laintiff by ad Pressing the jury.
the United States. His father had been
naturaliZed in this country in 1851. No
question OF an alien could he introduced.
The right Of the plaintiff to sue in an
action Of his kind was clear.
The case of Sarah Brcnan, whose suit
was non-suited in the F%eLoral Courts,
because she was a second alien, was
not on "A par with the present action
and had never gone to a jury, All that
trained intellect could do had been done
to prevent the merits of the Stewart
the uncle OF the late a. T. stewart.
He married one Catharine Sharkcy and
the comp!ainant was the issue of such
relation. His father had persisted In the
war in this country while lighting for
the Union. The common ancestor OF the
stewart family was Thomas stewart,
Of Stony Ford
A. T. Stewart, counsel further said, was
not only n remarkable business man.
but he was also a man Of high eduCa-
tIln hnNinr hpnn 1ririnn1l E .ltlru t.1 Cor.
the church. His mother was a noted
beauty in ireland, and before she mar
ried his father she was known as the
Flower of the Hills"
I;X-Judge curtis added that they would
prove that Mr.. Stewart knew and recog-
nized HIS relatives. and that Mr.. Hilton
and that Mr.. Stewart had helped them.
Stewart got the property in quSs,
ton came into possession OF 1t by decd
from Mrs. Stewart. Mrs. stewart could
not decd the. property to MIR. Hilton
unless the will Of A. T. Stewart was
valid.
Mrs. Catharlne owens, the first wit
ness. testified that she was In her sin
tieth year. she came here when twelve
years old with her aunt, Mrs, Mulvahcy.
They settled in Pottsville. Pa, where
they lived three years. They moved to
philadelphia. She married Alexander
stew Ill. ll' f'lllililllii III : ldlntI, III
the Church OF the TRANSPORTATION in
Mott street. this city, when sh" was
about seventeen years pld. Her maiden
name was Catharine Sharkey. The wit
ness produced her marriage certificate.
Tobias Cody, a witness to tn" marriage,
vino was n witness for the complainant,
died two months ago. Cody was an in
innate friend of the witnesses husband.
Witness said that she had eleven chill
dren by Alexander tewHr The COM
plainant was the sole survivor. lie was
-. -- n u 4--.
his father, was employed on one OF the
boats running between here and Hart
tOrl
After recess Alexander r. $. Andcr-
that during the life time Of \. T..
stewart h" was we'll acquainted with Mir.
and Mrs stewart. Witness also knew
who lived with MIR, ana Mrs, stewart
Mrs. owens, mother Of the plaintiff.
AS recalled. She said that in 1861 she
street AMI Broadway, she had a letter
which her husband had received from
abroad. She gave tn" letter to MIR. Ste
wart Il It was tnGlosed a letter directed
rcCtcd to her husband n pave it back
to her. The letter inside directed to him
self he kept, Subsequently she went to
with Mr.. BAILEY. where she left the let
ter. She has never seen II since.
Mrs, owens was not .allnWrI to TESTIFY
as To the contents OF tn" letter, MIR.
Stewart had told her that h" wanted to
Sc" her in a lay or two Witness
wanted to- know whether Nj. Stewart
was going to give the money he had been
giving to her mother-in-aw 10 her
tathcr-in-law She also asked Stewart
for the address of Stewards Aunt
Mary's son, James Bailey. Stewart toll
her ne had moved to EroDklyn.
Judg" curtis attempted to have tho
witness tell of the contents Of the letter
she had left At Mr.. Roots office, but tn,
Court excluded It. The letter was dated
ahout February, 1864.