The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-08-25
AFTER GOULD ESTATE YET.
uoHE EVIDENCE FILED TESTER-
nIy Nv MRS. ING Ellis SUIT.

D1Y ~ MRS. ELLIS SOIh'
,,,ror s,,. Her Claim or Marriage
- an. Late Jay Gould IL Fart OF . Con-
.,,rncy 60 BlncLmAI tho Estate ana That
thc Conspirntors VIII bo Prosecuted'
.0o,bor hatch Of evidence was filed In tho STU
..anc Court Yesterday in the action ofSarah Ann
tnpcll to secure dover in the estate OF the iato
IovGould on allegations that she married him on
Lnril lG. 1853, about ten years before MS mar
-I,,c n Miss Miller. mother OF the present Gould
.hiaren. The evidence filed Yesterday was taken
L. behalf of Mrs. Angel, and with referees.
.,Onoyraphcr's and lawyers fees must have
.os, hundreds of dollars. Tho expense the
sI.ir,ify ia still going to on the record Is curious
~ a. ,iou NJ statements that sho has abandoned
tho action. ~
IA hoirs said Yesterday that he knew moth.
-Iaoeritc ,hout the alleged confession of Mrs.
"n,o,l IN, # she had never been married to Mr..
cnnt1 stories Of which had been published SOW
ri davs ago. He did say, however, that while
,ho confession might not have been made In
,a., II could easily have boen, and with all
.rr,h too. as he had positive evidence that the
sni, was nothing more or less than a scheme 10
b,ockmail the Gould hoirs.
.,In consequence OF tho institution Of this
.r,, I" said he, "a careful scrutiny was made
tr,n the early Ire Oh MI 1Oulu. Au oAAhhihA-
,tnn of tho family and other letters and account
hooks containing entries in his writing which
hnvs been preserved. and tho recollection Of wit.
a.s..s the whereabouts Of Mr.. Gould has oeon
800 week by week from 1850 down beyond
a.. neriod OF the alleged marriage to Mrs. An
rel This evidence shows conclusively that Jay
Could mover was in the northern part OF the
State till long after 1899.
"In January. 1863, he was married to Miss
Miller in New York city, and down to the time
of his death In December. 1892. and for several
wears afterward, no claim was over made by
Mrs. ANGEL that she had been married to Mr..
Gould.
The moro fact that Mrs. Angel at no time
made any claim to have been married to Mr..
Gould until long after his death and forty-four
years after the alleged marriage Ii sufficient to
STAN. the claim as fraudulent. The real con-
spirators In this case ought to DO and doubtless
will be criminally prosecuted"
The evidence filed yesterday comprised that of
nix witnesses who were examined before John
E. Kelly as referee in Albany on different occa-
uions this summer. The main purpose Of 1t was
TO attack the veracity Of certain witnesses for
the Gould estate. Six witnesses had seen Jay
Gould in 1853 while he was surveying on the
Shaker road in Albany county. They described
him as wheeling what they called a wheelbar-
row, but what was In reality an odometer.
At that time Mr.. Gould boarded in the house
Of his uncle, Daniel D. T.. More. near Clarkville.
Albany county. A son of Mr.. More, Tram B.
More, assisted Mr.. Gould in the surveys. Tram
was q witness in this case for the Goulds. and
testified that he was with Mr.. Gould so much Of
the time at that period that it would have
been difficult. II not impossible. for him
to have stolen away to marry the plain
tiff at Rouseis Point, and that there
would have been no time for counting or
GGS onia in is55 WASH was Eras,us Bennett ss' who soil s5i
cited subscribers for the Gould map OF. Albany
county. Like Iran More he never knew of
him say anything about the. plaintiff or about
being married. The truthfulness OF these two
witnesses was attacked by the evidence filed
Jacob Ii; Smith testiaes that he came from
s. SeF T. Nor in as ss q far anq ia SeRs to IN NOS is5 ST he oe nssd
to see Jay Gould at the table in the More house
bold, but as the witness had not learned much
said by him. About this time the witness got
one of the TWO farms of his employer to farm on
derman there. The witness said that Tram b.
A aSEsu wa a e S g BOY 81 ' %es R 3 al albany county.
who is 20 years old, said that he knew Erastus
b tssios sn .SnE E nse; asS w tnf in f iRe busfee. s' Of Fs seIl.
ing patent rights. Bennett moved to Topeka,
KAN about twenty. years ago. and witness did
not know his present reputation. Witness said
he did not hear OF Gould's marriage until about
1853. when he married n Miss Miller, whose
father was brought up at Newry in that locality.
The reference took on a tone OF pleasantly
when Squire Ephrain Houghtaling. OF Clark
Vile. was called. He said he knew "Ras" Ben;
nett twenty.scven years ago. and did not recall
that "Ras was great on the plain and unvar-
nished truth. He couldn't say how "Ras"
viewed the truth now. rs he hasn't heard from
him for twenty years., but he would not believe
him unless he had co-roboratinR evidence.
James Ingrahsm knew Erastus Bennett thirty
years ago, but doesn't know whathis reputation
s%t9day. It used to be bad; he said. Nicholas
=. Houck of New Scotland said that in 1858.
when he knew Erastus Bennett, he considered
him a pretty slippery man." Dorman Green.
a farmer. said that as he recalled Ras he was
not prone 10 the truth.
Counsel for the Goulds wanted the evidence OF
these witnesses stricken out rs they did not tes-
tty 10 what Erastus Benefits reputation Ia at
present or was three months or so ago when he
testified, but the motion will not be passed upon
until the trial OF the case.
ALBANY. Aug. 24-The Hon. Walter f.. Ward
OF this city, who Is attorney for Sarah Ann An
CELL, was much surprised tonight to learn that
his client had denied she was ever married TO
Jay Gould and that she had Withdrawn her
claims upon the Gould estate. Mr.. Ward said
that he was awaiting confirmation OF the pub.
lshed reports from the woman herself.