New-York tribune., 1900-01-24
EX-GOV. WALTERS CASE.
JUSTICE BIsCHoFF ADMITS TESTIMONY
DESIRED BY THE DEFENCE.

The suit against Ex-Governor Waller, of Connecti-
cut and others brought by Joseph w Pullar. to an
nuI contract by which he transferred $4,000 in
rerest in the 81 his wife the Ex-Governor and
Alfred r. Page. continued before Justice Bis
choff in the Supreme Court, yesterday. The plain
tiff alleges that he incompetent from the use
OF liquors when he signed the contract. and also
that the defendants used the threat to prosecute
him for hgamy TO force him agree to the terms.
James 7. Farrell Of Hartford one of the de-
PENDANTS, was called by the plaintiff on Monday.
and spent the day in direct examination. The de-
fence started upcu his cross-examination at the
opening of court yesterday. General Burnett.
counsel for the defence once went into the cir
cumstances surrounding the death OF Mrs Pullar
and her making OF the will in her husbands favor,
as well as her legacy Of $4,000 TO DR.. Won Ratz. OF
this city Farrell said that Mrs. Pullar had been
sick for year being paralyzed She was unable
talk he said Just before her death she was
removed from her home in New-York to Stamford,
where her death occurred.
DR.. Benjamin. for the plaintiff objected to this
line questioning. He said that there was no issue
as TO the capacity of Mrs. PuIlar to make her Will
The issue whether undue influence had been
used upon Pullar.
General Burnett replied that il relevant to
bring up all the circumstances Of the making OF
the will of Mrs. Puar and of her marriage to Pull
lar, because the complaint included an attack upon
a reputable member of the bar of New-York and
other reputable men TO their good faith
''The attack he said, that this man has made
upon another reputable member of the bar
''Of what State?' interrupted Mr.. Benjamin.
''Of this State" replied General Burnett The
Court, in scanning the conduct of its own officers
when they charged with the most serious Of
fence lawyer be guilty of-bad faith to his
client-shoud know all the circumstances sur
rounding the whole and the information he
had when he advised his counsel. We want to
know the information that came TO Mr.. Page when
he advised his client that the situation danger
Gus, and to show that when he advised his client
10 make settlement he not only acted with good
faith, but. claim, with ability and intelligence
ii is also due to others in the who have been
attacked in this suit that at that time 1t was not
known by them that at the time of these occur
rences another woman was living who had been
married to the plaintiff in this suit and that when
the dead woman put her will the words my
husband she had been imposed upon
The Judge allowed the line of questioning Far
heirs at which they intimated that suits might be
brought the ground that Mrs Puilar , was asta In
He also told Of visit TO Mt Pages g oliGe, e, "eh sef
tement till there had been further examination
General Burnett turned the examination to
bring in between The "hieca an9 n
Inc ground ma that tns I Ibst S6SoVernor Waller
circumstances surrounding the matter should be
The evidence was admitted. and Farrell pro-
ceeded TO tell what he had told ex-Goyernor Wal
the occurrences at the Imperial Hotel. when all
the parties conferred there ana asfcSo 10 d cOiI-
tract. In redirect examination Farrell told again
the visit Mrs. Pullar, the hrst VIE or the
plaintiff. He said that Detective Valley, or the
Central Office. went with him TO help him get IN
formation. Farrell said that Mrs Pullars prother
introduced Valley detective.
aAs a matter of fact you. representing the
heirs, up TO the time you found out apout
the bigamous relations satisfied to get the $4,000
you had been after?" was asked.
'Yes. II that had been paid at first there would
have been trouble about that"
but you didn't cease your efforts TO get the
$4,000 at any time"
plaintiff called Mr.. Ross. of the Hotel Imperial.
The witness did not answer to the call and an
attachment against him given.
Franklin A. Sage. a Hartford law student testi-
fed TO sailing upon John Hessessy January Is
last and talking about the Pullar estate. The wit
said that Hennessy told him that he didn't
know about Pullar's bigamy until shortly after his
daughters death. He admitted calling upon Hen
messy a detective.
George w. Gallinger. a New-Yorz lawyer,
called to testify 10 his doings in connection with
Pullar. Mr. Gallinger was asked about confer
ence he had with Mr.. Carleton, of the firm of
Waller & Wagner in regard to a withdrawal of the
present suit and of the suit against the Doctor.
He said that he did not know Of any such confer
ence.
Didn't you come and see about that NATTER"
asked Mr.. Benjamin.
Not that recollect."
See if this won't refresh your memory" said
Mr.. BENJAMIN, picking up a letter from his desk
from Mr.. Gallnger TO the Doctor"
Mr.. Gallinger said that he did remember It after
all.
General Burnett in cross-examination got Cal
lnger to admit that he drew the will Mrs Pullar
the second. the time being counsel for the
Doctor, and that he was afterwsrd counsel for the
DOCTOR as executor OF the Will He replied before
Mr.. BENJAMIN could get in objection, and his
testimony on this point ordered stricken out
The case was adjourned until to-day