The Jersey City news., 1901-12-12
TALKED BACK.
Thomas Noonan Has a Con-
troVarsy With Vice
Chancellor Pit
ney.
WITNESS WAS MISTAk EN-
Spectators Amused By
Lively Scene in the Court
of Chancery.

There was a battle royal this morning
in the Court of Chancery between Vice
Chancellor Pitney and ex-Judge Thomas
Noonan. AS Judge Noonan kept his tent
per and respect for the Court, forb'ds
saying what the Vice-Chancellor did, those
who witnessed the controversy think Mr..
Noonan came out ahead.
Judge Noonan, in behalf of Richard
Roth and his brothers and their wives,
filed bill against Ella A. Brown for pos
session and accounting for the rents of a
house in Greenville. The complainants
claim that the house belonged to their
| uncle, William j. Russell, who died intes-
/ tate d few years ago and they wanted the
share to which as his heirs they are en-
titled.
Mrs Brown filed an answer and cross
billt through Judge Hudspeth, in which
she set forth that the lot in question she
bought from Henry Lembeck for $1,000 and
erected thereon a dwelling house at
cost of S4S0O. She paid for it all with her
own money. In April 1887 she and her
daughter, Marion, moved into the house,
and in January, 1889 Russell came to
board with them. Russell was hef
brother and their relations were most
affectionate Russell was employed in the
office of New York firm of stock brok-
ers and he told his sister-in-law that ne
had unusual opportunities to make money
by speculation but that he lacked capital
He suggested to his sister that II she put
her property in his name he would obtain
| credit and engage in extensive stock
transactions He told her that he would
transfer the property back to .ler at any
time when she might want it, and II sne
| should die before him he would transfer
| it to her daughter Marion.
| Having full faith in her brother and
wishing to help him along she gave nm
deed for the property. She never asked
| him to give it back to her. and when ne
| died suddenly the deed still stood in his
name. Mrs. Brown asked that the heirs
be directed to give her perfect title to
the property.
| The matter has been before the court
| on previous occasions and this morning
| Mrs. Brown was on the stand for cross
examination by Judge Noonan The
Judge was trying to ascertain where she
got her money and the Vice-Chancellor
objected to his mode of yexamin ation. He
frequently informed Mr. Noonan that he
was taking up the time of the Court un-
necessarily and begged him to remember
! that he was not before jury.
! AT one time Mr. Noonan showed Mrs.
Brown a paper She glanced at it and
| Immediately f1aring up declared that 1t
/ had been stolen from her private papers.
| Immediately there was a scene. Judge
Hudspeth jumped up with an objection
| and he and Mrs Brown began to talk
/ at once while the gavel of the Court
i made it impossible to make out exactly
what they were talking about.
| Finally when something like order was
restored Mr.. Noonan asked Mrs. Brown
if she was the only person who got such
a paper. The Vice Chancellor fell to
working his gavel and declared that un-
der the circumstances no question about
the paper should be asked. Mr.. Noonan
then showed that the paper was cir
cular letter sent out to all the heirs OF
Mrs. Browns husbands estate and in
stead of being addressed to Mrs. Brown
! was sent to a Mrs. Moorhouse. MRS
Brown then admitted that she had made
a mistake and that the paper had moi
been stolen from her. Thereupon MT
Noonan tried to get Mrs. Browns ad'
mission on the record The Vice Chan
cellor did not think it necessary and tole
Mr.. Noonan that he was wasting time
Mr.. Noonan replied that the time was
not wasted by him but by the Court ant
the opposing counsel. The Vice Chancel
i lor told Mr.. Noonan to go on.
Don't get angry" said Mr. Noonan.
II am angry" replied the Vice Chan
celor with emphasis.
"A Judge shouldn't get angry" coolly
remarked Mr.. Noonan.
The Court looked but said nothing.
I Mr.. Noonan asked Mrs. Brown wha
she meant by a certain statement in hel
4 direct examination. The Vice Chancellor
| directed the witness not to answer a!
she had made no such statement in he
direct examination.
Il doubt she said so, said Mr. Pitney
81 know she DID, coolly remarked Mr.
Noonan.
Bang, bang, bang. came the gavel
while the Vice Chancellor hotly ex
claimed
Il won't have you talk that way. Whe1
I express a doubt I won't take you
word
Mr.. Noonan said that he had the state
ment in his trial notes and he was sur
he was right The Vice Chancellor hat
the official stenographer's notes referred
/ to and those showed that Mr.. Noonan'
notes were in the exact words used b,
the witness. This calmed the Court down
considerably and there was no more frlc
ton until recess Was taken