The daily morning journal and courier., 1903-02-28
CONSPIRACY CHARGES.
MADE IN FIGHT FOR THE HAGA-
 MAN FORTUNE

Against Mrs. Deinbarre-The Misappro.
 priatIon of Half Million Is Alleged.
 New York, Feb. Exchanges of crim-
 inal conspiracy and misapprophiation
 of hals a million dollars of the estate of the late Theodore Hagaman. were
 made to-day in an affidavit submitted to
 Surrogate Fitzgerald by counsel for
 Isaac Hagaman in opposition to a mo- ton made by Mrs. Delabarre's counsel
 to have the proceedings before the ref
 cree made nugatory.
 Judge Foster. who appeared for Mrs. Delabarre, who was the widow Of MT. | Hagaman. asked that the courts mo- tion, made in January, for proceedings
 before a referee be vacated. Counsel
 declared that the plaintiffs, Isaac flag | aman and his two sisters. had released | their interests in the Hagaman estate, ! and having no interests In the case | they had no standing before the court
 and the referees proceedings should be
 set aside.
 Judge Foster claimed his client not having knowledge of legal propositions
 and not having been informed by, her counsel lad failed to inform the court | before the referee was appointed that a release had been signed. Counsel said | that he could hardly believe that would be held as nullifying her rights in the
 matter at tLis time to make motion to have the referees proceedings set aside.
 Henry w. Unger. counsel for Isaac l Hagaman. and lis two sisters, in op- posing the motion, declared the release
 was fraudulently obtained and that the | ovnly reason why Mrs. Delabarre made | such motion at this time was that the | referees proceedings had developed facts which Mrs. Delabarre did not care
 to have known.
 MT. Unger declared that a release was never given to Mrs. Delabarre personal | ly, but held in escrow and that the re- | lease was delivered without any con- sideration whatever.
 In an affidavit, submitted by Counsel Unger, signed and attested to by Isaac Hagaman, the claim is made that the plaintiffs had called frequently at the | Waldorf-Astoria, where Theodore flag aman lay i'll in 1900. and that they had not been afforded an opportunity to see him.
 The plaintiffs, according to the affida- wit, were informed by Mrs. Delabarre, | then Mrs. Hagaman. and pr. Flower, who attended Mr. Hasaman. that Mr. Hagaman had suffered great business
 reverses and that he left little or no
 property but that the widow might be
 able to do something for the plaintiffs as an evidence of her regard for her
 late husbands family.
 Isaac Hagaman, in his affidavit, ad-
 mits having received from Andrew Me- Joy, an attorney of Mrs. Delabarre, check sor $400O, but the money was in settlement of claims for some railroad
 bonds which belonged to the plaintiff. but held by Teodore Hagaman. The plaintiff further declares that
 neither he nor his sisters ever received one dollar of the estate of the dead man, 1
 and that the sum Of $572,SSO belonging l to MT. Hasaman. was misappropriated by Mrs. Dela barre and Dr. Flower and other persons, as a result of a conspir- acy and combination criminally formed. Counsel had spirited argument on the questions at issue and Surrogate
 Fitzgerald finally stated that the main question ow at issue was his power to try the question of delivery of release. An adjournment was then taken until March 1, when this point will be decid- ed. nr Pirb1 TJ ~ E%fouyay. ,feSt trict attorneys office to-day and was closeted with Assistant District Attor- ney Garvan.
 Mr. Garvan said that he had been ex- amining him as to what he knew of the | death of Theodore Hagaman and had | stenograoher present to take down the | questions and answers. He said that | the examination had covered "wide | scope of things" and that the physi- elan had answered all the questions put him cheerfully and without hesitation. | MT. Garvan also said that he had heard | from Dr. Heald. and Dr. Flower win visit him again on Monday.
 Mrs. Delabar~e will be examined bv me-" said MT. Garvan, "and I have been informed by her counsel MT. Hummel, that ! can examine any os his clients who are connected with the case at any time. I shall probably take advantage ot his offer to call many other persons to my office in connection with this case"
 The assistant district attorney said that he had not been able to see An. drew D. Meoy as he was out of town and would not return until Sunday.
 There have been no arrests in the case. no developments and there is no probability of our having to exhume the body" said Mr. Garvan in conclusion,