The daily morning journal and courier., 1900-01-23
EX-GOV. WALLER ON TRIAL
THE CHARGES OF FRAUD AMI
 CONSPIRACY BEING HEARD.

CONSPIRACY BEING HEARD
 Joseph w. Pullar, of New York City, tho
 Complainant-Claims He Was Duped
 Into Signing Away $50, 1000 Worth of
 Property While eIntoxicated-S. Harri.
 son Wagner Also Interested i'm Cas.-
 Defense Says the Proceeding Was
 Straight and Regular.
 New York, Jan. 22.--A suit was put
 on trial before Justice Bischoff in the
 supreme court to-day in which Thomas
 M. Waller, former governor of Con-
 nectiout, is charged with fraud and
 conspiracy. The complainant is Joseph
 W. Pullar of New York city. He is
 seeking the annulment of a contract
 and deed by which he conveyed prop
 erty valued at $5O,ooO to Governor Wal
 Ter and Alfred R. Page. MT. Pullar as-
 serts in his complaint that the convey
 
 the influence of alcoholic stimulants and did not know what he was doing.
 He claims that he did not know of the transaction until months afterward. and that he was compelled and induced
 to sign the papers. At the time of the transaction Pullar says that MT, Page was his attorney
 The case is complicated one. In This complaint MT. Pullar asserts that on the night of October IA, 1897, he was taken to the Imperial hotel in this city by MT. Walters law partner s. Harri- son Wagner, and there under threats of prosecution for bigamy, frightened into signing away his interest in an es- tate bequeathed to him by his wife. Johannah Pullar, who died in StamA ford, Conn.,, three years ago. MT. Pull | ar charges that his lawyer MT. Page, was in the conspiracy with MT. Waller. and that by reason of the excessive use of stimulants, his mind was so en- | feebled that he was incapable of think ing or acting for his best interests He | asserts that he signed the instruments on the advice of MT. Page.
 In his complaint MT. Pullar sets forth that when his wife died she left an estate valued at $100000. The will pro- vided for small bequests to the father. three brothers and two sisters of the testatrix. The residue of the estate was bequeathed to Pullar. Legal pro- ceedings were threatened and it was asserted that Pullar had exerted undue influence in procuring the execution of the will. As result the property was tied up and Pullar was opposed in the legal proceedings by the other heirs. It was in connection with the legal pro- ceedngs that Pullar went to the Imper- ial hotel on the night in question. The deed and conveyance included all of the plaintiffs rights, title and interest in certain Chicago property. The con- veyance was made to Waller and Page.
 "The defendants" says Pullar in his complaint were all aware of the men, tai and physical condition of the plain- tiff at the time of the execution of the contract and the execution thereof was procured by fraud and duress and in oonsummation of plan and conspiracy to deprive the plaintiff of all property to which he was entitled under the wil.'
 Pullar wants the court to declare the contract null and void, and to compel the defendants to return to him all the property that came into their hands under the contract
 The defence claims that the proceed- ing was straight and regular and that Pullar simply signed the property over to them in order that they might pro- tect him in legal proceedings over the estate. They say that had the matter been takep] into the courts in the con- dition the estate was in prior to the contract, Pullar would have lost nearly, all of the property, but on the settle- ment under the contract Pullar was promised substantial sum.
 Documentary evidence in regard to the will and the contracts were put in evidence, and then James T. Farrell of Hartford, Conn.,; was called by the plaintiff, although he is to be witness for the defense. He was examined as to the making of the will and other kim dred matters, and was then asked about the meeting at the Imperial hotel, at which he was present. The witness said that there had been a conference last ing about an hour between Governor Waller, Mr. Page, MT. Pullar and s. Harrison Wagner. The witness did not go into the conference, but saw the men grouped about the table. Lawyer Page, Pullar's counsel drew up the contract. The matter had all been discussed and Pullar agreed to everything as 1t was proposed. He seemed to look satisfedy said the witness, and there was no ap- pearance of anxiety or distress on the part of Pullar; he had made no protest. The contract was read over after the rough draft was made by Lawyer Page. The witness said that Pullar did not say anything and signed it at once. The contract was then offered in evidence. Tn response to questions the witness said hat drinks had been ordered while the party was in conference, and that MT. oular drank beer. The witness teeti- jed that in the proceedings he was act- ng for John Hennessey, the father of oullar's wife.
 The afternoon examination ot the anne witness was dry for the most part, Counsel Benjamin bringing out a large lumber Of facts in regard to the ar- ,,,aHa tn haUa tha r,rohot6