The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-03
BROTHERS HILTON AT LAW.
HENRY @. SUES ALBEIT BPS WIFE
FOR $4,000 WORTH OF CHATTEJs.

H1rs. Henry wouid navo Been NIrs. AIsert's
Principal Witness, says Counsel TOR ths
Defendant. but IL In Europe-siiverwares
statuary, Paintings, and Rurniture tnveived
Last January Henry @. Hilton began an
action in the Eleventh District Court to recover
three pieces of personal property, valued Mt $40,
from his brother, Col. Albert B. Hilton, but be-
fore the case came up. as 1t was understood that
many other such actions for different patches
OF personal property would DO brought against
Albert Is. Hilton or his wife, Hattie King Hill
ton, the action was discontinued by agree
mont. 1t was arranged that one action should
BIO brought for all property claimed, and that
tho case be tried before q referee. There was
some talk Of compromise, and nothing was done
about the new action until last August, when
a summons and complaint woro served In tho
supreme Court in an action against Hattie
King Hilton to recover more than 200 differ
ent articles of personal property valued at more
than $40, 900.
Mrs. Hilton would not consent to q refer
once Of this action, and a motion to compel her
to do SO was denied by Justice Smyth Of the
Supreme Court yesterday.
The complaint says that this property was
wrongfully taken from Henry g. Hilton by tho
wife Of his brother in April. 1894, and al
though the property has been demanded, that
none Of it has been returned. Mrs. Hattie King
Hilton has served an answer in which she de-
mics knowledge that the plaintiff owned the
property set up, and she denies that she wrong
fully too it or now dotains 1t. Henry g. Hill
ton gives in his complaint a long list OF tho
property ho wants, but the list is very indef-
nitc.' He specifics many articles OF furniture,
such as lounges, chairs, and bedstoads, statu-
airy and paintings, but he also sets up that
there were many trunks. boxes, and paper bun
dies. the contents of which he does not know.
For instance. there are 1s1 bundles Of un.
known articles done up in paper. and two boxes
and twenty trunks with unknown contents.
The list includes u lot of wearing apparel Of Mr..
Hilton. which is not otherwise specified, and
four billiard tables. There is included a trunk
full of silverware which the plaintiff says he
also another trunk full of silvcrware. :.
Lawyer Nathaniel s. Smith made affidavit
action was made, with a suggestion Of a refer.
ence, he had no idea that an action should BIO
brought to recover so much property. az 1t was
the furniture claimed by Hilton would not ex-
coed $1,000. He says that the District Court
plaintiff and his brother, Col. Albert B. Hilton
Gould not bind M Mrs; S' Hattie King Hilton i Who
was not o party. Besides, he denies that the
stipulation was made, but says that it was only
suggested.
Inc. way the suggestion came ABOUT, ne says,
was that he understood Mt the time that Henry
G. Hilton alleged that his brother had got a
number of articles of personal property from
different persons, who declared that they had
received the property from the vito Of Henry
y. Hilton. In order to avoid q multiplicity of
little suits counsel was willing that Col. Hilton
should be sued in one action for the articles then
contemplated. But since that time he states
that Henry G.. Hilton has been trying to get
from other persons some Of the property set up
in his complaint. For instance, he mad one
William Brown before a City MaRts'
trate, where n warrant was asked for for his ar.
rest on allegations That Brown was guilty OF
the larceny of a trunk full of silverware. When
the matter came up in court. Lawyer Smith
says, he represented Brown and showed that In
taking the silvcrware Brown was acting as the
agent TO. the wife of Henry G. Hilton. Brown
was discharged.
Mr.. Smith says that while the District Court
action was pending last January the wife OF
Henry G. Hilton was in this city. and although
she remained here until the beginning Of Au'
gust. no proceedings were taken with regard to
the new suit. The wife of Horny G.. Hilton,
says Mr.. Smith. would be the principal witness
for the defendant, Hattie King Hilton, but she
Is now in Europe. He says that the present &C
ton is brought to harass his client with knowl
edge that her main witness Is out Of the juris'
diction.
Henry G.. Hilton and his brother. Col. Albert
U. Hilton, are sons Of Judge Henry Hilton.
Henry G. Hilton married u daughter of Joseph
+. Sanxay of Brooklyn in 1881.