The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-09
NEVER WE'D JAY GOULD.
COLLAPSE OF THE SUIT FOR DOVER
BROUG 1T mr. MRS. ANGEL.

III /
PlaintiH'u Counsel says ne Has Been Deceived
ana hsks Leave 20 Drop tho Actien-No-
tion Denied, BECAUSE Defendant wants Tho
RECORD Cichr-ProoeedinEs for Conspiracy.
Counsel for Sarah Ann Angel, who sued for
dover In tho estate Of Jay Gould on
that she married him while she was In snort
skirts and no in knickerbockers In April, 1898,
threw up his hands before Justice Beach OF the
supreme Court yesterday and asked lor leave
TO discontinue tho action. Walter e. Ward OF
Albany is tho lawyer. lie submitted an affi-
davtt stating that no has come to the conclu'
sion that Mrs. Angoll never married Gould
The affidavit Of MI. Ward says:
The only question in dispute Is the question
OF the marriage. The moving papers here sub
mittcd by me show that the way the action
came to be commenced was that in the spring
OF 1895 a woman named Mrs. Cody came TO my
office having u power OF attorney from THIS
plaintiff authorizing her to employ attorneys
and commence this action against tho estate OF
the late Jay Gould. She also had an affidavit
signed by Sarah Ann Edwards, saying that she
had been a servant in the house of the Rev.
Nathan Leighton in 1853, and had witnessed
the marriage between Jay Gould and Sarah
Ann Brown. The Rev. Mr.. Leighton was then
living at Tunkhannock, Pa, and this woinan's
affidavit stated that Mr.. Leighton would swear
that ho married Gould and Sarah Ann Brown.
THE affidavit further stated that two men
were living near ~Champlain and Rouse's Point
at tho time who could be produced. One OF
them. it was said, would swear that he drove
Sarah Ann Brown to Mr.. Leighton's house
when they were going to be married and drove
them away afterward. The second man was
one who had worked on the survey on which
Jay Gould was engaged at Champlain and had
maps upon which Jay Gould had worked at the
time of the alleged marriage. A banker at SYRIA
cuse, it was set forth, would testify that
Gould had told him in the early sixties that he
had some years previously married a woman
who had a daughter by him. Mrs. Fillmore, now
tho wife Of the superintendent OF the Pacific
Hallway Company, would. II was said, testify that
she was acquainted with Gould in 1888 and
ter in northern New York.
Besides, l sent a law clerk to SEQ Mr.. Leigh.
ton, who said he had no doubt in his mind that
he had married d couple at the time stated and
gave a fair presumption to suppose that he
to .Rouse's Point TO see the supposed widow
and take a statement from her. She told him
that she was married to Gould when she was
Is and he was II years old and lived with him
for some months in the early part of 1858, when
Hsr iG qatb hsF' b ana s Sne s naa ABOUT About s that TIM time St eono
to live in Canada, and she had never recog-
nized Jay Gould as her husband, as he had mar
ried her under the name OF Jason Gould.
maps drawn by Jay Gould, and I commenced
assurance that witnesses, would testify as
stated. ] had not time to investigate the case
ton was 81 years old. and his deposition was
taken, as we'll as that Of other witnesses, who
the there witnesses it Dss~'ff for this plaintiff has since be.
come mentally incapacitated and one Of those
whose depositions were taken lake d f3r the ID det lien 6e
taken it should be taken at once and the evil
dence Perpetueted."
been taken in Canada, Michigan, California.
Wyoming, and in this State. which filled more
than u thousand pages, and continues,
while this was going on. in August last, the
newspapers, printed interviews with the plain
r ne IN to JAY Jay Could Il SH'I and ad' that ali her pre- previous
wero untrue. Immediately l sent
to tho District Attorney Of Clinton county; who
she acknowledged making this statement, and
said she had no claim for dover on the Gould
these parties. and where Jay Gould was at the
II am thorousSiy CONVINCED there is no founda-
ton for this action, and l now make this mo-
action Voluntarily and made the charges. !
think 1t no moro than justice to the defendants
take the initiative in having the action dis:
missed rather than allow Il to be called to the
having assumed the obligations Of an attorney,
that ! mssS r be Sb; e ;sa s III, ,his court from any
Elihu Root, in behalf. Of the Gould executors
said that MIR. Ward had taken a lawyer like and
manly course. But the action" he said. iii
one Of an exceedingly serious nature and moi
only affects the title to a great estate but thu
!. iieEitimacy to the children Of the late Jay
Z Gould, imputes to their mother that she was not
o their father the commission of a crime which IL
abhorrent to all. This cannot DO allowed tx
pass without very serious condemnation.
9Th action was, we are satisfied, the result
. Of a conspiracy, which made made the tn b plaintiff ta,, her tF,
, | oh{dnan NJ M Gould and Of which Mr. War;
q was one of the victims. Under these ciroum
stances we feel that this complaint, ought not {
from reasserting her claim. We ask tina
ing, as we intend to take action against thu
: authors Of this conspiracy to. blacken the rcpu
. Gould. a.. J.,
y Mrs: Angel; She makes no affidavit on THU
s ton that she has authorized 1t: The motion OF
its face is not for the protection Of her right,
8 furtherance. Of what he believes to be his dut!
u self should DO to this motion which
. has been made, and suggest that your Homo
\ personal notice to her that this proceeding ha
been brought and that she has authorized tn
S MoSid be iinSfo % vi ino six sp Months 4sn to have an an
O other action commenced, by this plaintiff II
which she may renew all her charges and ga.
d rights were ~unjustly taken from her becaus
a she is a poor woman. = This woman
\, must be made to cay that she never had an
claim against the Gould estate"
Justice Beach said he thought the best thin
p to do would BIO to enter an order denying thi
- motion and follow 1t by another order provid
II ing that the action. should be preferred on tn
d calendar for trial tho first Monday of Deccu
a ber, and that personal service OF this order b
: made upon the plaintiff In this action.
II The counsel agreed TO this suggestion OF tn
Q Judge, and Immediately secured leave fror
t Justice Freedman. who denied a motion fu
o preference on the calendar last week for q RI
argument Of that motion.