New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-16


REGARDING Observation-Disclosures BAILEY.
AZ AGED MAN. WHO CLAIMS KINSHIP
WITH A. 7. STEWART. ON THE STAND
The actual trial Of the suit brought ny Miss
--roAer1ia Deans against eX-Judge Henry Hilton
- recover a one-sixth interest in the Old A T.
e,evra-t properly IN Thirty-fourth-st was begun
,afore Justice Scott and a jury in the Supreme
court Yesterday. Miss Deans was n school,eacher
o,d Is n daughter OF the late Mary Bailey Deans
Mrs Deans died In May. 1902 leaving three daugh-
.@-e II 6 said that when she died she possessed
o,e-th!rd interest In the property IN litigation.
since the death OF the mother OF the daugh-
,e-s has died Miss Euphemia Deans is
s,,,,r 70 recover one-half OF her mothers share
o. the property. Her interests are being looked
Ter b. ex-Judge Curtis. while Joseph II. Choate.
I'm Root Jabish Holmes ir and ex-Judce Rus
,.u snpear for ,he defendant. Miss Deans con-
IDS n her suit that she is one OF the next OF
r,- a the ate 4. T. Stewart. and therefore
ICED 10 & share in the estate left by him.
Miss Deans who lives No li9 Eas, Seventy
,.~r,nst was the arst witness examined. She
..e.,oe5 that she had been teacher in this city
for several years
What was your fathers name?" the witness
US asked by eX-Judge Curtis.
" Root OF counsel FOR the defendant. objected
.. MS question. on the ground that while ord-
-s-,v such a question would be allowed this
.-..o1ve6 8 question or peOlgree. ana mat Inc WIZ
rass.s statement would not be evidence.
,rs,,e Scott said that the witness could not pos
s,hlv know q her own knowledge what the name
- ether her father Or heA mother was except
f-,r, information received from others which
would he IN the nature % hearsay evidence and
therefore !nadm.ss!ble. The witness then left the
stand ,-,, V,-,-,,.-es
James Bailey eghty-six years old. was the next
afr he a-N1e n -
from Ireland or May T. SIS he went to A. Y.
s.ewar.'s store with a letter OF Introduction 10
r Stewart from his Ohe witnesses mother.
Re said that M Stewart expressed much pleasure
a. seeing him. and welcomed him 10 this country.
~ Stewart then called q clerk in The store.
named Thomas z. Jones. and told him 10 take
tie witness a board with him. Mr.. Curtis asked
whether Jones was alive. The witness replied
that Jones was dead. Bailey said. in reply 70 eX-
Judge Curtis hat Mr.. Stewart introduced him to
number % friends as James Bailey. the Of
NJ Aunt Mary"
Vh.e NJ. Bailey was at the S,ewar; house. he
testified. be denude. photographs Of members OF
the family a, the Stewart house he was intro
6l-e5 % NJ. Stewards mother Mrs. Martin and
Maria Cinch 4 sister OF NJ. Stewards wife.
When you called a. Mr. Stewards house on Sun
CAY and cook tea whom you in the habit OF
meeting there" Mr. Curtis asked.
NJ stewart. Mrs Stewart and Mrs. Martin my
aunt me witness replied.
Mess-s Choa,e and Root objected 20 the last
Statement. They maintained tAat ne do not know
tia SIZE was his aunt o. his own knowledge. Tho
e..--.-or vas stricken out
TIE witness testified further
When I was introduced 20 Mrs Martin sNe rose
from her ssst. put her arms about my neck and
exclaimed God has taken one James from me. and
has given me another She asked me Il
had seen her son. James Ben and l tod her that
! had not. as had not been there when he called
&; my home In Glasgow. I had been 10 Portugal"
1.Q.d Mrs. Martin say anything to you ABOUT any
c:!s.---chi-ren. or what their names were or what
had oecone o: them
II. witness had beer showing great signs OF
Weakness. and at this point broke down and went
Mr Bailey. having recovered. identified tho plain
IA as Euphemla Deans III said ne had known
-aar named Deans iIe vent "a * several genera
tons i1entire. Ms BLOOD relations formally ana
oy name He also succeeded ~ telling who Mrs
se,c-a tines witness made use Of the word
'no;ner;. and ms LAWYER nna.y admonsneq nm
can. have q mother or father in this court.
They want names here-merely names. Ooiterate
the family father. mother, and aA
NAMES. NOT RELATIONSHIPS.
Vow. then. since they seek to deprive Us OF re-
"a, ons and family ties, We must have names"
b 4 NJ Curtis Tel. US the names Of tho per
sons who arc ordinarily considered as relatives"
NJ Bailey mentioned the different members OF his
family. bH; IA not permitted 20 describe the re-
you mustn't have even brother here, might
b contempt O. Court remarked the plaintiffs
Continuing his testimony afte- recess. Mr Bailey
testified that the piaintrs PARENTS were both dcao
Then the question was dskeC. 'Di1 MI. ana Mrs.
Dean say anything 10 you ABOUT ihflr relations 10
IRIS broucb: on a debate over ,he law Of pcdi-
Prove eyer5 link and statements made by persons
J., o. tre blood could no be accepted Another
ha.fho1r was spent IN contest between the Law
yers. AND Nr curtis question was ruled OUT