The Providence news. (Providence [R.I.]) 1891-1906, 1902-01-04
Morrow RsappsaTs 10 Contest
Tho Claim Of His Grown Son.
They NEVER SAW EACH OTHER.
Father Declared 10 Be Dead BY JustIca
GIIdersIsen--Now 10 Seek 0scrss
Declaring Hin Alive.

New York. Jan. 4.-After being thought
dead for over a quarter OF a century
James Morrow, nephew OF Billy Nc
Mahon. who ownoc he Haymarket dur
ing the "wide-open' days OF the Tweed
regime. has claimed a share of his uncle's
estate.
Last summer Samuel IL. Morrow, his
son by the woman whom he abandoned
nearly 80 years ago, was given "a share
of the estate by Justice GildreslecVe. OF
the Supreme court, who decided that
James Morrow was legally dead
Now father and son are opposed 10
each other in legal hght Neither has
ever seen the other.
The father is making the hght chiefly
because OF his five children by second
wife whom he married after being
thought To he dead by his first wife. The
latter got divorce from him on the
charge or abandonment believing at the
time he was dead, and she also married
again.
LEFT si00.OO6 ESTATE.
When Billy Mcmahon died IN 1899 he
left "A 500 0oO estate. \ portion OF il he
hequea tled directly 90 his widow, Mrs.
Mary Mcmahon. OF the income of the
residue he gave one-third TO his widow
and two-thirds 20 the children OF his five
deceased brothers and sisters. They will
get the principal when the widow dies.
James Morrow rs the son OF Ann Nor
row u dead sister Of Billy Mcmahon.
Morrow was born i'm this city in March,
lsfS His mother died when he was eight
years old lie was placed in the Juve-
mule asylum. then at Sixth avenue ana
Twelfth street and after year was
sent TO an uptown branch. Later he was
taken West with a number or other boys
by q Mr. Allen
Ia " farmer
Hogeboon, near New Lebanon, H.. who IL
still living. He remained with Hogeboon
until March 1867 when he enlisted in the
Tenth Infantry. L.. s. A. He served three
years, and when discharged I'm 1870 came
East and got work in Clarke's thread
mills I'm Newark ~ j. There he met
Mary Cummings an employe I'm the mill,
and married her Feb. 2, 1872. few
months later he lost his position and de-
cided to go West again, establish home
and send for his wife.
He left Newark, Nov. Il, 1872, after an
afectionate farewell. going 10 New Le-
banon where for a time he worked as a
cheesemaker.
He wrote his wife regularly for time.
In May OF 1873. she gave birth to q boy.
For nearly three years she got Affection
ate letters from him; then they ceased.
A year elapsed and she got a letter in
his handwriting and signed with his name
saying that he was IN a hospital at Or
ange Tex that he had been shot In a
saloon and would probably never leave
the hospital alive.
He begged her forgiveness for his long
silence Soon after William Findlay, of
Newark got a letter from friend say
ing James Morrow had died in the Texas
hospital No direct word came 20 the
widow, and in lsU she-thinkins her hus-
band was dead, got a divorce in the Jcr-
sey courts on tho technical charge or
abandonment.
WIFE MARRIED AGAIN.
The boy. who was born, after the
father went West, Is now nearly % years
old His name H. Samuel II. Morrow, and
he is a musician. Some time aftcr get
ting the divorce, Mrs. Morrow married r
man named Smith and now lives at ~
South Orange avenue, Newark. Her son
also lives there.
II was some time after Billy Mcmahon
died that Samuel II. Morrow learned that
he had an interest in the estate. Last
July through Lawyer William III. Os-
borne he brought suit before Justice
C;ildersleeve TO have James Morrow de-
clsred legally dead so that he could share
In the estate Tho father was declared
dead in long opinion handed down by
Justice Gil6ersleeve.
A couple OF months ago James Morrow
heard OF his uncle's death and the fact
that he had been declared legally dead.
Friends had told him in the late 10s OF
the divorce obtained by his wife. and In
1850 he married girl In Brazil. Ind. BY
her he had FIVE children, the eldest of
whom. a daughter. is now married. James
Morrow got affidaSits from various per-
sons as TO his identity; came TO New
York ten DAYS ago with his son-ln-law,
and hired Lawyer McNulty, OF si6 Broad
way. to get his share Of the estate claim
ed by his son.
Proceedings to have Morrow declared
alive and entitled 90 n share Of me es-
tate were begun before Justice Scott yes
terday, but the judge advised that the
matter was taken before Judge Glider
sleeve, who had declared Morrow dead
A referee will be appointed to take tes-
timony in the case. Morrow has returned
10 Illinois. lie did not visit his former
wife or the son he has never seen.