New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-17
THE DEANS SUIT DISMISSED.
JUSTICE SCOTT DECIDES AGAINST THE
ALLEGED STEWART HEIR
HE HOLDS THAT so Sufficient PROOF OF RE

HE HOLDS THAT 80 Sufficient PROOF OF ne
LArroNsHr HAS BEEN ApDucEp-THE
srARRING AMONG THE LAWYERS.
Justice Scott. in the Supreme Court vesterday
dismissed tho euit brought by Miss Euphemia
Deans against eK-Judre Henry Hilton TO recover
a one-slxth interest In the Old 4. r stewart prop
erty IN Thirty-foIrth-st. Miss Deans contends
that her mother Mary Bailey Deans. was cousin
OF a. T Stewart shs takes the ground that her
mother was entitled 70 a one-third Interest In the
property. and that she should nave one-hait Of
this. The plaintiff ls represented by ex-Judge
Curtis and Joseph H. Choate. Ehhu Root ana
others appet Tor the defendant
The suit was dismissed on these grounds
That no sufficient proof had been offered tna'
tte plaintiff was OF the blood ~ Stewart
r. was af1rmqtirelv proven that stewart had
brother and sister who with their descendants.
were hers-at-law 20 the exclusion OF the plainiIH.
II appeared afHrmatlvey that the plaintn was
an alien and her mother was an alien. and th're-
fore. under numerous decisions. no title to prop
er'y could descend % her .,
sisters the plaintiff mad and what snare "o''u 49,
hers. il she proved lite. .. - ,r,,a-tv
In which Miss Deans is the plaintiff. VIII 'oUe up
IN the morning in spite Of the protests Of 60
same issues before Judge who has already settled
questions Of law in a SIM case .os,,ronv wa.
AZ Yesterday hcar.al further t"suH,O"S W. W.
taken from james Bailey. an aged cousin o.. ,,e
defendants mother. who D. called 10 Pivf' '''- ''
legged relationship with \. T Stewari.
There many debates between me li"y w ~.
both sides 20 the admission Oh the "7''i'o"'
regarding relationships 49,. -, .,.-
Mr. Choate cross-eX mined Nj. BAILEY. Hili ~
It's objected 70 some Of the questions. anu OH
Choate said he would not do auythlhs 20 Gn'.'
Mr.. Curtis objected That's one 81 your me span
ish promises said Mr.. curtis. -,
When recess was ordered Nr. Choaie SalH 20 .Il.
Bailey. Don't you find my eXam'Latl1" e's'' 'i'"
Mr. Curtis 80" ..- ,.t.o
M- Railev hesi.ated awhile and Nh Curtis broke
in with the remark. That's because III HO' "'"-
blng UP an the time with objections. -,.
Mr. Bailey testified that be- played IN me oI. -
Mr. Stevart Mr. Stewart had made him pre-',t
Of a flute lie said that when be- Wa aooHl 10
marry In 1872 he told Ms stewart about IT, "'iN
she advised him 10 remain ba'fr.of -.
Mr. Curt, remarked That was greater ser Ne
than the prcsoutatlou OF the flute. but Wen W
T.iiey- testified that pc WIS -till living with. Il''
wife and that he had recently celebrated ms sou'
wedding the lawyer So J. II take D. a.l pa, D.
Miss Deans was recalled. and testlneo lha' iii'
ca Cd On Mr. stewart just before he dtd yer
mother wa with her An 'Iort ~es mao. ny H.
Judge Curtis 20 introduce IN me ~ . -
Stewart in which he promised h--lS'al'N ~ '''
family but that was not allowed.
Ex-Iudcc Curtis then cudoaNor'd 10 in' ,lA'r
letter written 10 Mis- Deans mothri-h %. NI =
ION The letter was dated April >. lN'9 roqursNIE
Miss Deans 90 cal. MS store al fourtn dNe ',.n
Nuth-st In regard 10 letter written 10 MS
Stewart by Mrs. Deans.
Did vou ca!lo'' ex-Judg, Curtis asked
She was not permitted TO testify as TO what took
place AZ that Interview.