New-York tribune., 1900-03-15
muNSON WILLS SET ASIDE.
,rrsT LAWYER AND SERVANT AC-
rrsFn OF EXERCISING UNDUE
INFLUENCE

-. .,-r which for the last three weeks has been
- +be Mary johnson viii case before Justice
..,-er in the Supreme Court. yesterday returned a
.z=.n in favor OF the contestants. The jury
se6 on six questions of fact. They found that
- Mary Johnson was not Of sound mind when
- .~acsred the two wills and eodicfl and also
So -ha+ the wills and codicil were obtained by
s,,a influence or fraud or circumvention the
- NJ the Rev. James ". Power. pastor OF All
-, Roman Catholic Church; Peter Condor. a
lsz-ver and Mary Kelly. VINO was servant IN the
.-,noy Of Mrs Johnson
- or~-er 70 tie fourth. fifth and sixth questions
1.+5,r 10 these charges the jury merely wrote the
.-s-zsr ives When Justice Slower asked why the
- n the persons found guilty OF the charges
-,s,-7ed in the questions not put in the an
- .ra foreman OF the jury replied that the jury
- +1o,5ebr IL would be understood that the per-
,,s named in the questions were implied in the
s-sv,s- Justice stover ordered the jury TO return
- is room and write the names out after each OF
the questions.
-. s,rv was out A surprisingly short time. It
s 71.s5 O'clock when Justice Slower completed his
,grse. Most Of The persons interested in the case
-, -he building, they expected that the jury
-ouad he several hours in reaching decision. AT
.s.as O'clock word was sent 20 Justice Slower that
ne Jury was ready with decision.
As soon as the questions and answers were read
rrus;ice Van Wyck, who appeared for the de-
ssn5ants made motion 10 have the findings set
s5e and a new trial ordered the grounds of
h.s.rsars made during the trial and that the find
-, mere rot in accordance with the testimony
,,,,en The motion was denied by Justice Stover
r-7 the findings OF fact by the jury the case will
10 sen. back 70 a special term OF the Supreme
courr ana a decision based on the findings will be
handed down
Testimony was given that Mrs. Johnson was
o.snr-ic ana q heavy drinker. She had lived in
me big house in which she died alone with Mary
vsllv her servant II was while acting as Mrs.
Tobrsor. spiritual adviser according 10 the test-
,,ony fhat Father Power exercised an influence
over hpr The testimony showed that Father
Tozer ulave0 ar important part in the execution OF
re second will and Of the codicil Il was charged
that ne responsible for the estrangement be-
-r-ear Mrs Johnson and certain of her relatives
sfrer the death Of Stephen Lovejoy
Besides benefr.nE personally under the will and
ward Of S0aGa he was 70 receive S2G00 outright
erd certain under -he terms OF the viii
Peter Condor Mrs. Johnson's lawyer, and
rn-f recently also Father Powers legal ad-
siser. After Loye3oys death Condon had in
mediate charge of the immense estate Under the
second VIII. which was drawn up by Condon, he
vas named as one OF the executors with Father
Power By THE terms OF the cocicll. however, Con-
don was removed as executor ana the name or
T1snieI OusnlaE Al that time parrOiman in the
Police Department. substituted. soon after his
s,5oirrrrar- as executor Quinlan resigned from the
fanarruent 10 take personal charge Of the estate
When the decision was returned neither Father
Power nor Mary kellv was in court. Mr.. Condor
and GulEan were mere; no"eEeI, aIlo ~ -
much affected by the findings Of the jury Nome OF
he Catholic institutions which became benehclarles
Bnder the wills We're represented III the JraI- IhlS
fact was mace mlch or by lJaNlQ Mcclure, lhe
counsel for the contestants. when he summed up
He said that the institutions IN question were
ashamed Of the money they had inherited under the
benefciaries under the will are st. Josephs Semi
nary. YOnEsrs. The Roman Catholic Orphan Asylum,
ne Catholic ProtecrOTy and the Mission Of the I'M
rnacula-e Virgin. They each received under the VIII
one-ninth Of the residuary estate