The sun., 1900-12-21
WALTER DURYEA ACCUSED.
"a enywtyAf tvD 4 LIBERTfSK'" SAYS
ItWIER TNTERMyER.
Character Of the Msn win Brohcn Week -"
sailed In the Contest Of Hi' VAthcr' ""
Hint. of Rev istion. to Come is"''
ysyns and the letter That "" "f"'c'

HinH :" NV $500 a., v,o,,
Psyn" ana 'h" 'e''' '"-'
NIyyoLA, l.. I Dec. 30 Walter E Dhryea'
40 btoke bI. neck whlo diving In shallow
water n year ago last summer was ao'"s,'
Of being q "lbcrtine. criminal ana "oIV"
i... felov by Lawyer Samuel nter-
,,v.r q, the continuation yesterday of the
contest Of the will OF his father, Edgar "
puryea. the starch manufacturer OF tieh
Cow. l.. l., before Surrogate Robert sea-
bury Of Nassau county. To young Duryea
vaspol"""'"'' - ~ .,.,,,, vrs
and his sisters Mrs Grace h' "p''ks'
Marcia '. y. Cox and Mrs. Eva a. lh''o'r
are co'''e 49,. ,,,i,, ,bo, Iav,er
n was not uhtl th, h'''n'ns 'n"'
untermycr made hls apPeatn"o" ',n ,rrsr w u
os"o 10 -, NJ ,o,a ,b. Surrogate
Campbell inompsTn h - ~ nroosad oo," IN mntiI he had
fsml'lar'hea h''ssm 49, WIN porayuan inter-
already 'akeh' h"Nye' r,, daIs,
In tho course Of the argument that followed
- t,,,.r,.or chornc,,rized the will
a, n sross outrage and shamefully unjust.
and he asserted the contestants wanted
pehty o' ''.ie w 80 t..S,... ,,,, n
ri-ht 10 he heard" said lawyer Inter
n1,"r and "" are not gong w 1e u'.nn n
through with this case because tne es'''o
nscu, "nnm dr,iris,ro,or b.en sppoin,ed, This
poias au""''s.' ",', a, 49,. ttnd I'm, know Of
-..,o ,emro-nrv aduinistrator has not
-, o,,.oin,od
n Surrogate seabury explained ths, h. had
not appointed temporary administrator
becanse he d!dn wan, 10 put an aaa.to,a' ..',a
expensc OF 5000 or $4,000 on ~" estate
II was his desire. however. to clear the case
on ns aui,kuy "a pos.i hlo
PAN. Of HtfESs Irn Cove ''G Ga varons otcasons
TO- more thln twenty wears Mr Payne had
MI, The Iast i've wears he drew three df-
M'sth uil's she " f"r Nr Euryea niuding the one
no beng contested he one Of the ean,s, sSec-
.o,s .n,, %, 49,, , - bcnarciary to some extent
ander its PROVISIONS Ii appears that, for
;xH,, xea,S ho,yee, Mr Pavne and one of Mr.
n"1yes'. nnnty p.' daughters. and The contestants
assert that J, wa" uu1 u.,yt,PinI w. a, 20 ihat ,hay
u',' Wer" cut Oh Of With such a. snail allowance
in ,neif faticrs VII ls,rsr was as show shown
70 Mr fayt' TiI'i' '',,'r, re "'''''''''' Nv
va. ,r, 20, yaT rT'p NOV 10 Numbered Mr. Inter
The EdriiEe cs;e amyer was ior sn55pe%GgT yasI
from hrho.5shs lot '"'ee ''N ''' WIZ
This question was ov'rrn!'d by the s"rro-
S"'f 1ho you consider this professional to send
n letter Of this NEd'' demanded MT inter-
myr-i o,,rno, ,,o vi,r.s.
II say II - 2hs 2i he Nj "N i'rtaprnNo,
thi1gs on record n,areJ neiaea 81 vi. .tega and
Mr. lntermyer deCiaTea rni in d niits wa" ."vos vas
70 ascertain whntnen W itran. Wt ~, pnyne and
Wnl,sT %WT T. f pnryea or whether !, was the work
Of 1e t"-tator . .,.. >, Tr,or
In y99ur jndsmenti, asked nMrp,..sIHesI mr. h,spI
thing TO send such le'er a1 ILlN w. W,
ness' mere were IN, n''s "o1rsidnrrd he
MIR, Payne asserted lHa' ne ~ ,"n~Iu,u'u n, 'e
The executor. OF the vii ,9y the rs estate Is
tss,ants ' s't assert thai i is worth s3,cooooo i
not more, and witness Nne Wes ih'''rr" tS xa,Sa
reeardins ms kh"W.iee cass ~ sss H. didn,
know the value, OF the estate nhd c'1inn nv
tell who diS H' drsw E s.,,ynr ,S w az Hnh The s
OF his death which could oe ,SHsh,y esutnaoea oi
az wsy D OF attorncy Wn Sef From Mr. buryea' which
Then by a lot OF questioning II was a-cer-
tained that Mr. Payne had drawn ,,,od,i" q dnZen
checks or more NJ MI DutNea uirccc'loh;
M2o When asEed to fenby hen, .a;d .hs hand b rs
Duryss. a brother Of the testa'9or
large T part pfSGs Of psrsonal 3 T. estate STAT before his
deathf' inquired Mr. Unterm.yer
The Tltness, ,sid ,S he didn r k1E3w iE OF any
bulk OF the estate had been conveyed 70
Walter r.. Durvea before the testators death.
Mr.. Payne testified tnat he never saw Duryes
drunk In his life. He knew drunken man
when he saw one. but there was only one oc-
oasion that he could recall where IN" testator
showed that he had been drinking TO excess.
he know when Duryca had been drinking
he was NOR" talkatve on snch occaSi.ns,
but he never once saw hin IN condilion
where he was not iullv capable OF tnking
care OF himself and knowing exactly what he
was doing There WAS 2n.y one instance stance
when he was so under the Influence oi lquoI.
The witness said ne never say waiter r.
DnTyea uhiet tne ihnu~ence ~ oi 49, asLo,
Mr.. untermyer. Mr., Honeyman objected.
We are going 10 snow. SAID MI. Hl"r-
pyer. tnat waiter =. Dlryea was a lOer-
bv bis own letters and also that his father
knew We shsi. snow wMat 'Hs m@I,,vs @