Year: 1875

CONTINUATION or THE ARGUMENT FOR Thu


CLAIMANT PARTING SHOT by COUNSEL ron


THE PRoPoSENT-LIvELY TILT BETWEEN rHB


LAWYERS.


In the Surrogate Court White Plains westchestes
county, yesterday Mr. Van Pelt resumed his argument
for contestant in the Singer will case He reviewed
length the circumstances connected with the man
riage OF Mrs Foster, at Boston, Her marriage al III,
time and place mentioned was he said an l-adyisel
step 1t would have been much her had shs
demanded 10 have the decree OF divorce, which
her lawyer told her had been obtained before she en-
tered into second marriage. She, however, had
right to believe the lawyer had obtained st. HI
thought that the co1tesants claim for relief had
clearly established. Even though Singer refused tc
marry her he had promised. when he could obtain
divorce from his first wife for her misconduct 1t does
not prejudice her claim long as he continued
to cohabit with her after obtaining his divorce. Fol
twelve years her neck been pressed earth by thi
iron heel of her prosecutors and this she has had u
suffer in silence lest the threat Of prosecution for big
amy should be carried and entail upon her q Still
worse fate. But she possessed clear conscience,
conscience void OF offence toward God and man. and in
her darkest hours she could trust in Him who has said
"A bruised reed shall he not break, and smok
ing fax shall ne not quenchn But her merciles
prosecutor has gone, and now can in imagna





torment for that mercy which he denied her when he
was on earth Who they who would now exclude the
contestant from her lawful position and rigLtsY The
real antagonls. is Isabella Eugenia Singer named
in the will being the vile, but who
is, in reality, is the pdrticeps crtnaiRis in this
whole neiarous business She 1t was who suppanted
the claimant in what left Of the miserable heart OF
her husband. she sils arrayed like queen in her
palatial residence, surrounded by almost regal spen-
dor and in foreign land, whittier she and the testato
fled, unable


TO ENDURE TIE rGyoMINY
which followed them his country. The place
she now occupies does not belong 70 her; she is
usurper We say she must step down
out and then consider herself fortunate
having been there for the past twelve y
II she chose to build her house upon the sand
that the rain descends and the winds blow and beat
upon it she must blame her own folly for having
erected 1t on such an execrable foundation She
voluntarily and deliberately sowed the wind and she
must not complain II she is now compelled reap, for
her harvest, the whrlwind


As it O'Clock when Mr. Van Pelt concluded
his elaborate argument, recess of half hour
taken Here it may be stated that before the summing
up either side was commenced partial understand
ing as to the order o speaking was enected between the
opposing counsel. Mr.. Van Pelt, holding the affrma-
tive side OF the question at ISSUE had the right at
conceded Of opening aud closing the 1t was finally
agreed that ex-Judgc Porter should lead oil in summing
up for the proponent and that his associate, Mr.. Car
ter, should have the right 10 reply with counter cita-
tons against the authorities to be quoted during
his argument by counsel for the contest
OF course no means of knowing. This
proposition was at once accepted by Mr.
Pet who states emphatically that he understood
that Mr.. Carter simply to hand in avbrcfco n
ing his comments on the authorities quoted b
ivan Pelt), with such counter citations as he
deem il essential to present TO the Surrogate IN this
understanding OF the agreement, however, MIR. Van
Pct was disappointed.


After recess Mr. Carter and commenced an yu-
which, for ervid cloquence and bitterly ncisive
logic uttered with the irresistible vehemence OF torrent
rushing down the mountain side, exceeded, perhaps,
ahy forensic display ever before made ID The same place.
In vain did Mr. Van Pelt protest that the counsel


PRACTISING AN IMPOSITION
upon him by opening up the argument after he had
almost exhausted his physical powers III replying to
the speech of exJudge Porter He denounced IL as
Imposition upon himself and reminded the counsel
that the agreement confined his reply the authc-'
ties cited. Mr.. Carter continued, after herce.y
rejonng that he did not SO understand
appealed the Surrogate who intimaed that he was
willing hear Mr.. Carter and that Mr. Van Pelt would
be allowed to reply to him. Mr. Carter then proceeded
crtcse the assertions made by Mr. Van Pelt in the
latter's argument, claiming that under the law Mrs.
Foster at time the wife Of the testator Their
relation, he said, was meretricous one throughout
The whole case he said, extravaganza Counsel
says that the lady abroad occupies the place belonging
his client but this cannot be- Mrs Foster cannot
have two husbands time. No matter for how
long o time partieS-where OF them disqualified
from entering into the marriage relation-nay live
together and cohabt and wife, after the disqua
ihcaton is removed and they continue IN the same re-
lations as before 1t does not change the character
OF their intercourse Singer paid no more attention
the contestant after he had secured his divorce than
he did before After the divorce granted thcr lie





union was OF strife and blows. No entreaty could
induce him marry her. Even II counsel could provo
that there promise TO marry 1t would not help his
case the promise conditional and dependent upon
the future. The promise upon which matrimony can
legally presumed relate to the present and NOT
TO the future the law expressly declares Counsel
says Fuller corrupted by Singers money, and as
proof Of this here say that he who says
is O calumnator.


Mr. Van Pelt-You know that he received $1,000
from Singer for deceylng this lady.


Mr.. Carter-Where is the evidence2


Mr.. Van Petit viii produce it in two hours per-
mitted by the Court


The Surrogate with deprecatory shake Of hia
hcadl-1he evidence Is closed.


Mr.. Carter-And repeat that whoever says SO is
calnmniator


Mr. Van Pelt-Well you may say


Mr. Carter continued his impressive argument,
which took hour aud half to deliver. AT It's close
Mr. Van Pet addressed the Court saying that he had
supposed HIS opponent was q gentleman, but he had
now found TO the contrary. lie SAID that
lie had before been persecuted
while in the performance OF his duty toward client,
aud that he would bde his time TO repay the insult.
He concluded by saying that he able TO copa
with opposing counsel or his associates, eithel
there elsewhere.


The Surrogate will announce his decision in the