The sun., 1895-02-08


MRS. wYsE TEsTIyIEs
Mrs. wyse. who was the chief witness for the
defence yesterday, told her story in a very care.
ful way. AS she talk ed she looked most Of the
time above the heads of the spectators who
crowded the court room. and appeared to avoid
tho gaze of Mr.. Wyso, who frequently smiled
and shook his head at points in her story with
which he apparently did not agree.
Mr.. John w. Harper of Harper & Brothers
was the first witness for the defence yesterday
morning.
what in your Judgment is the mental ca
pacity Of Mr.. Wyse and his ability as business
man 2" asked Mr.. Hinsdale.
He was a keen business man, particularly
shrewd down to 1888, when he parted with his
property" was Mr.. Harper's unexpected reply.
Mr.. Harper said. however, that he had never
seen any ything in Mr.. Wyse's conduct or appear
ance to indicate insanity or failing mind, nor
had he noticed any difference In him after
1883. Mr.. Harper had supposed that Mr.. Wyse
left the firm because he had more important
Theresa Barcalow, whose hair was iron gray.
and who testified that she had been teacher
for twenty -one years, and was the President for
the Woman's Society for Political Study, and q
member Of the Ladies' Health Protective So
plaintiff and the defendant. She told of conversa-
tions that she had had with Wyse. in one of hich
what he had sad o friends
ing his wife. The witness denied on oross-ex-
animation that she had ever met Wyse on the
street after his troubles with his wife became
him that she was his friend.
nus testified that Mr. Wyso had eG once Expressed s
the hope to her that he and his wife would be
Lawyer Hinsdale, who had been for many
yAers chum of Wyse and who represents Mrs.
Wyse in this action took the stand himself and
said that he had known the WyseS about twenty
years. On one occasion at Long Beach Wyse
had behaved as il maudln drunk. On this oc- -
hotel veranda to his room. On another occasion
when Hinsdale and Wyse were, coming down
been drinking, told Hinsdale that he had found
his wife in ditch; and that he would put her
back @ where i1; he had g found , her: -
property, on the ground OF undue influence. In
said he was sorry that he had brought the suit
and that he would never press it to trial. He
s.nss m..1nx hs wife, sns ,d .E'4 to ar
Hinsdae, said that she would not see her hus-
band. because she did not want even the
hrst determine whether he was going to press
his suit or withdraw it, and agree to settle
Wyse had signed the settlement agreement In
1889 after consultation with his counsel. Mr..
once and seS easns ue IN old ad
papers Mr.. Wyse said: She has always been
. good wife to me, Had ! followed her advice l
thing, against her and will sign anything to re-
establish her character" Then Mr.. Wyse tore
up his own will. III which he had left his prop
srty to his sister in Hackensack.
a., Mrs. Alice II Root, who Is living at the Bar
while she was break fasting with Mrs Wyse at
the Cambridge, Mr.. Wyse sent In his card. Mrs.
Wye returned II and said that she would not
and Mrs. Wyse replied: NO: ne has Injured
,,., me by telling false tales in california, and
Mr.. Wyse seemed much depressed" said the
witness and felt sorry for him. He admitted
IN Csforns and said that he would would 's rstTace m,rt
everything: Afterward Mrs. Wysc saw him.
She She told nd hin that h, hehits we're 50 bad that
finally she yielded aud took him back"
Mrs Mrs Wyse then took the witness stand. She
pleasantly NJ Wyss sat sat with several I'Vs Of % his
her Closely She avoided @ at d Sim m"'Snsn Gon
trary To expectations. herlawycr did not ask her
20 deny the statements that Mr.. Wyse had made
regarding her character when she WAS Marie du
Loiselle, Mrs. Wyse began the story OF her life
with her marriage in Buffalo on Aug. II, 1879.
her cousin They came directly To New York,
and lived on the parlor floor Of Mr.. .Wyse's
time the other rooms in the'honse were rented
10 boArders. Mrs, Nyse ran the house, rented
the apartments, and at Mr.. Wyse's request coll
+" From the time OF your marriage" asked Mr..
tiihsua,V. uoNh " 1000, what were MT W yses
:" He was in tho habit OF staying out all night"
said Mrs. Wyse, sometimes, and of coming
home drunk, going to bed, and sleepiag all day,
eRlecting his business. When he was drunk ho
used profane language to me, but when he was
sober he was kind and indulgent. His
language when he was drunk Was such
that l would not like 10 repeat IL here
In 1879 went To Europe with any companion;
my husband saw me off,. From Paris wrote TO
him. telling him that his conduct toward me
could I've with him no LONGER. Life with him
AT that time had Mr.. wyse transferred any
property 10 You Z" asked Mr.. lIinsdals.
Not a penny" said Mrs. Wyse: "he only
clothed and kept me | received a reply TO my
letter, saying that he was penltent and that In
future he would be good u me and would not
drink any more. | also ed cablegram
from him, believed his pruIa.scs aud made
hasts 70 return 70 the city and to my husband.
He was good and kind and induigent to mo for
II did not last long, however, and returned to
Europe in December. 1882"
After recess Mr. Hinsdao ask ed Mrs. Wyss to
specify how Mr.. Wyse mad fallen into bad habits
again.
. lie began % drink" she said, "as he had be-
fore, and hs stayed OGt late AT nights. SQme-
times he WAS Uut until II and /. o'clock; some
times until ] aud =, and sometimes until 7
O'clock ia the morning, When he stayed out
until he slept al oi iae next day ana wasn't
"Nhat effect did this have on your happiness -
MIR. Wyse smiled broadly ut this question, and
Mrs. WFse, looking up into corner OF the room
and toying with her handkerchief said quietly;
" IL made me very ncfyugs GUd unhappy. As