Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-03-19
SURROGATE SWORE
At HER., WOMAN
CHARGES IN SUIT
David Young, Veteran Morris
County Official, Denies Heirs
Charge.
Ispeclal TO the Newark Sian. |

MORRISTOWN, March 19.-David
Morris county and one of its most re-
spected officials, is on trial before JUS
tice James Bolitho at Rockaway, to-day,
charged with using profane language
to Mrs. Nellie FitzHerbert, of Dover.
The official is represented before the
justice by Elmer king,~and il the case
progresses very far one of the wit
nesses to be called by Mr.. King will be
Judge Alfred Elmer Mills.
Mrs. FitzHerbert, so said the surro-
gate today, was a legatee under the
will of her mother, Mrs. Martha ].
Meeker. She had about $3.50 coming
! to her, but it is tied up in real estate,
and though the will was probated two
years ago there has been much delay
in getting releases from heirs so that
the property involved could be sold.
Mrs. FitzHerbert, says Mr.. Young,
charges him with trying to do" her
out of her money. She has made him
many visits in regard to the matter,
one time insisting that the 0 of the
! will furnished her by the surrogate was
incorrect. knowing that the copy she
had should have been compared with
the original, the surrogate promptly
bet her 81 that her copy was correct.
After a comparison, however, it was
found that a word of minor Importance
had been left out n the surrogate
lost his 81.
Another time, says the surrogate,
Mrs. FitzHerbert visited his office,
found him out. and returned the next
day, upbraided him for not attending
to his duties,
why" Mr.. Young told her, II had
to step out a few minutes on business"
You can't do that" Mrs. FitzHerbert
is alleged to have replied, you are
supposed to stay here all the time"
Mr.. Young said that Mrs. FitzHer-
bert had visited Judge Mills several
times about the matter, but the judge
had been unable to convince her of the
truth in the matter and had been an
noyed by her frequent visits.
Now" said Mr.. Young, these things
strengthened her in her idea that I
was trying to fim-flam her, SO when
she came here a few days ago and said
she was going to break the will, l be-
came annoyed. Why l said, you
can't do that; it has been probated and
on file for two years
"'Oh, yes, | cam said she. The will
said there were to be no coaches at the
funeral and the undertaken tells me
there were three
Il got angry at that said Mr..
Young, ''and | told her that she talked
like a darn fool. She aid she was not
a darn fool, and | replied that 1 had
not said she was; l only said hat she
talked like one"
1t is said that Mrs. FitzHerbert Wis
tied several justices before she could
persuade one to a k her complaint.
She paid several visits to Justice
Bolitho before he would consent, and
then only after she had threatened to
go before the grand jury and complain
tina he refused to issue a warrant upon
a sworn affidavit.
Mr.. King appeared before Justice
Bolitho at Rockaway this morning and
filed several questions as to the juris-
diction of the justice in the case. The
court adjourned the case until Tuesday
morning and Mr.. King demanded a jury
trial
The fine under the statute for the
alleged offense is fifty cents, to be paid
over to the overseer of the poor of the
township in which the infraction of the
law took place.