The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-11
Law CLERK ACCUSES LAWYER
IN GRaHAMS POLLEi WILL CASE,
WHEREIN SISTERS CONTEND.
Ackerrnan sayS Gaynor, VINO Drew anu
witnessed the VIII. Demanded S1sO
and Didn't Get II, and Then swore
That Foley was Not OF Sound Mind.


A request for information as to the where
abouts OF Charles r. Dunlap, printed as an
advertisement Yesterday. led to the DIS
closure that Mary Frances WEIGH and Sarah
Jane Quinn, sisters OF the late Grahams
Policy, who was found dead in his bed at
the Hoffman House on March IL last. have
locked horns in a contest over tho probate
of their brothers will. Tho will was made
in 1901 while Mr.. Policy was in Raymond
Street Jail for contempt Of court in failing
to obey an order to pay Mrs. Quinn s2,ssS.
Mr.. Policy was wroth at this sister and
one day he sent for Lawyer James z. cay
nor of 7 East Forty-seoond street, a brother
OF Col. John F. Gaynor, now Of the Dominion
OF Canada, and directed him to draw will
by which all the property should be LETT
to the other sister, Mary Frances WEIGH,
who lives in Second avenue, Manhattan.
The will was drawn as Mr.. Policy directed
and was Witnessed by Gaynor and Charles
R. Dunlap, clerk in Gaynor's Office.
Not long ago Raphael j. Moses, acting
as attorney for Mrs. Weloh. offered the
will for probate. To prove the will he
subppnaed Gaynor and tried to subpoena
Dunlop, but the latter was not found
Gaynor himself appeared on Wednesday
last before Jacob Washburn, assistant to
the. Surrogate. and made affidavit that
Policy was not in his right mind when
be his will and that, moreover, Policy never
declared the document to be his last will:
After Gaynor had made this affidavit,
A. E. Alderman, clerk in Mr.. Moses's
office, was called. Here is part OF the
stenographic report of Mr.. Ackerman's
testimony:
O. State whether you called on Mr.. Gaynor,
the witness here present. and tel! US. please,
Just what CONVEX sation took place; A. |
called up Mr.. Gaynor, Yesterday MAY 5,
0 Rs pa ca @ dosn the for ~. asq
70 ls s viii Ra he &c
to Be- that iGs @1
and further. that he would not testify in our
isyor or in favor Of the will unless we gave hin him
snd KAT &c .e% sas But ths
never get the will probated from what, he
that could not listen to to Anything Of that
sort, that he must voluntarily appear as
witness in the Surroeates' Court this after
subpoena from the Surrogate
The witness added that he did get sub
poena, and served a copy OF it on .Goaynor,
paying him the regular fee and mileage.
Q. Have you heard from him since on the
lephone' A. Yes; he called me ur .hi.
he supposed that be would have to testify;
II he did come down under subpoena, and
said g! suppose YOU know how Will testify"
did not propose to pay him any money Tor
any services. except as already paid. and
that expected nothing more to be sal dabout
the matter. He then asked me If there was
any money in it for him and ! said: No.
On cross-examination Gaynor asked the
witness the following question:
DO you remember stating that you knew
Grahams Policy had spent the sum OF
Sa5, 900 on a woman by the name OF Cava
nagh, and that he must have been a lunatic
TO do such thing" 20 80. s,,ss,
Mr.. Alderman replied that6e had never
said any such thing and he also denied
that he had told Gaynor that he could
not find Dunlop, the other subscribing wit
ness to the will, or that he had ever told
Gaypor that Mr.. Moses would give Gaynor
$3.50 if Gaynor put the will through
Mr.. Moses hopes to show, as the result OF
litigation already started, that Mrs WEIGH
inherited under the will about SIS 900. or
this amount S23 900 is in the hands Of Miles
O'Rrien. trustee in bankruptcy for Policy,
obtained from Lille Cavanagh or Lille
Armstrong as a compromise in a suit
brought to recover the value of house
and its furnishings which Policy gave TO
the woman. The rest OF the sum going to
make up the SIS 900 is represented by Gov
eminent bonds and real estate in the hands
OF the executors OF the estate Of James ID.
1eary, the contractor. and a mortgage OF
1000 held by the Nassau Trust Company