The daily morning journal and courier., 1900-01-24
TRIAL OF EX-GOV. WALLER
VIGOROUS DEFENSE TO CHARGE OF
 CONSPIR4CY.

CONSPIRACY.
 Making of the VIII and the Death Of
 Mrs. Pullar-Mr. Pullar, the Com-
 plainant, Alleged to Have Been a
 Bigamist-WifeI Imposed Upon by Hus-
 band and Influenced by n Doctor.
 New York, Jan. 23.-The suit against ex- Governor Waller of Connecticut and others-in which charges of fraud and
 conspiracy are made-by Joseph w.. Pullar to annul a contract by which he
 transferred a $5O,0O0 interest in the will
 of his wife to the ex-governor and AL fred R. Page was continued in the su- of Hartford Conn.,, one of the defend- ants, who underwent direct examination yesterday, was up for cross-examination at the opening of court to-day.
 General Burnett, counsel for the de- fense at once went into the circum- stances surrounding the death of Mrs Pullar and her making of the will in her husbands favor as well as her legacy of S12,000 to a Dr. Won Raitz of this city. pr. von Raitz was in court. MT. Farrell said that Mrs. Pullar had been sick for a year, being paralyzed. She was unable to talk, he said. Just be- before her death she was removed from her home in New York to Stamford, Conn, where her death occurred. The witness answered the question as to the cause of this removal by saying that he ] thought she was removed in order to get her away from her relatives, but the answer was stricken out.
 | MT. Benjamin, for the plaintiff, ob- jected to this line of questioning. He said that there was no issue as to the capacity of Mrs. Pullar to make the will. The issue was whether undue in fuence had been used upon MT. Pullar. General Burnett replied that it was rele- want to bring up all the circumstances of the making of the will of Mrs Pullar and of her marriage to Pullar, because the complaint included an attack upon | q TGpuldDle IlltIlDeI Ol lHoi DdI Ol 1NSW York and other reputable men as to their good faith.
 We want to know" said he, "the information that came to MT. Page | when he advised his client that the sit uation was dangerous and to show that when he advised his client to make a settlement he not only acted with good faith but, we claim, with ability and intelligence. The good faith of a law yer of standing in this court, a gentle man who is considered above suspicion, having been attacked, it is but fair to him to have all the circumstances brought out. But we wish to show that undue influence was exerted by the gentleman who is standing behind this suit, the physician who induced her to convey property worth $12,000 to him without consideration, at the time she could not speak and after she had been spirited away from New York It is also due to others in the case who have been attacked in this suit that at that time it was not known by them that, at the time of these occurrences anoth- ed woman was living who had been married to the plaintiff in this suit and that when the dead woman put in her will the words my husband she had been imposed upon. Before that it had been supposed that the plaintiff had been living in illicit relations with her and every effort was made to protect her good name. I think it is in the province of this court to know all the circumstances"
 The judge allowed the line of ques- tipnirr Ia tnctifipI that ba irct that was known of MT. Pullars death was when telegrams came announcing her death and that the body would ar rive on certain train. They had not been notified of her serious condition. He told also of a conference with Pull ar and the heirs at which they intimat- ed that suits might be brought on the ground that Mrs. Pullar was incapable of making a will and he offered to set tie. He also told of a visit to MT. Pages office. when the latter declined to allow Pullar to agree to settlement till there had been a further examina- tion of the circumstances.
 General Burnett turned the examina- tion later so as to bring in conversations between the witness and eX-Governor Waller. MT. Farrell denied that any at- tempt had been made to prosecute Pull lar for bigamy after the facts in the case had been obtained by detectives. The witness was excused and the coun- sel for the plaintiff called MT Ross of the Imperial hotel. The witness did not answer, and an attachment was made against him.
 Franklin S. Age, Hartford, Conn.,, law student, then testified to calling upon John Henneesy on January 15 and talking over the Pullar estate. The wit ness said that Hennessy told him that he did not know about Pullar's bigamy till shortly after his daughters death. Closely questioned, the witness acknowl- edged that he was practically acting in the capacity of detective at the time he made the call.
 George w. Gallinger, New York law ! yer, was called to testify to his doings in connection with the payment of the | legacies under the will of Mrs. Pullar. | Lawyer Gallinger was asked about a conference he had with MT. Carleton of 1 the firm of Waller & Wagner in regard | to a withdraway'of the present suit and | nf the suit against the. doctor He said |