The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-12-21
SAYS LII WAS HIS wife
DOC" Smith Anxious to Secure Miss
Howard's Property.
RELATIVES DISPUTE HIS CLAIM
Smith Admits That No Ceremony Was
Performed, but Claims That They
Lived Together as Man and Wife.
An Unseemly Spectacle.

Last September Miss Lii Howard,
after a short and sudden illness, died
at the Boulevard House, possessed
Of considerable property, and leaving
no Will. In due course of time doc"
Nj. ID. Smith had letters of administra-
tion granted, claiming the sole right of
heir to Miss Howard's property, on the
ground that he was her lawful hus-
band
Mrs. Aseneth Davis, of Throop, petit
TONED the court to revoke the letters
OF administration granted to him, for
the reason that he is not the legal heir
to Miss Howards property, inasmuch
as he was not her husband and had
never been married to her. Mrs. Davis,
the petitioner, was a half sister Of
Miss Howard's, and she was repre-
sented by Attorney Il. c. Newcomb,
and the doctor was counseled by At
torneys o. b. Partridge and Milo j.
Wilson.
The case was tried before Register Of
Wills Henry Il. Koehler yesterday and
Court Stenographer Willis d. Coston
took the testimony of the witnesses
What is really involved in the issue
is the right of ownership to the Pros
pect House, a questionable resort on the
Boulevard, which was conducted by
Miss Howard for four years prior to
her death.
Common Law Marriage.
doc" Smith was the first to testify
He swore that he was the husband Of
Miss Howard, whose proper name was
Esther NJ. Walters. He lived with her
as his common law WIFE Three years
ago last March she purchased the Pros
pect House and he was part proprietor
of it with her. He admitted they We're
never united as man and wife by Il
minister of the gospel or any other au-
thori2ed person commissioned by the
law to perform marriages; but still he
lived with her as her husband and she
regarded him as such and he was
known as such. He identified several
bills, checks and the insurance policies
made out in the name of Esther NJ.
Walters. Her bank account was in
that name, and the revenue stamps
were also in her name.
~hi SApNllNNil laws lilV POiiNiOiNib
was the next witness She testified
that her sister was single woman,
| never was married and was not the
Doctors wife. Business was done in
her own name. Every person called
her Miss Lii, and she never heard a
single person call her Mrs. Smith Mrs,
Harry Fitzgerald, of Pittston, half
sister of Miss Howards, and two half
brothers, Judson and Giles Comstock,
the whereabouts of whom are not now
known, are the other relatives entitled
| to the property, as Mrs. Davis alleges.
Miss Alice Meyers, a daughter of one
of the Comstocks, and a sort of half
niece to Miss Howard, testified that
"she visited her aunt and never heard
her called any other name than Miss
Lii" Lottie Young, a young maiden
who resides at Penn avenue and Center
street, used to be an errand girl for
Miss Howard when she kept bagnio
| in Raymond court. She often saw the
genial doctor "act as If he were to
home" in Miss Howard's house, but she
never heard Lii called out of that name;
no one ever addressed her as Mrs.
| Smith.
Miss Bright Knew Her.
Miss Harriet Bright, the proprietress
| of a Raymond court resort, was the
next witness. She knew Miss Howard
for twenty years, and from the speech
of the people and what she knew of her
| the deceased was a single woman.
George Gingell used to sell bottled beer
| at the Howard residence about four
years ago, and although Doc Smith
was living at the place, Gingell never
heard that he was married to Miss
Howard All the bills were paid by her
and made out in her name.
B. p. Lowry was at the bedside of
| Miss Howard when she died. He had
| known her for twenty-five years and to
his knowledge she was a single woman,
| although once in a while he used to call
her Mrs. Smith as a kind of joke on
| te doctor. The name engraved on the
coffin plate was Esther M. Walters.
Mrs. Myers was recalled and she testi-