Year: 1875

MRS. FOSTER


prominent feature OF the proceedings In the Singer
will case at white Plains. yesterday, the cross
examination OF the contestant Mrs Mary Anne Foster
Although the ordeal critical one, occupying almost
the entire day the witness bore up under t well, and
evidently made a favorable impression many
OF those who in attendance


The first witness called for the contestant DR..
william H. Maxwell OF New York, who testified that he
had been we'll acquainted with the deceased and Mrs,
Foster who then known as Mrs Singer; first knew
them in 1852 when they resided Fifth avenue; had
visited the family professionally for years; sup
posed that the contestant then Mrs. Singer;
attended all the members OF the family, Mr.. Singer
paid all the bills for my professional services; never
observed anything strange unusual In the domestic
affairs Of the family


On cross-examinaon the witness testified that he
visited the family OF deceased except pro-
fessonal man that their visits TO him we're or like
character.


Mrs Mary Anne Foster next took the stand. The
question, We're you told by any person that your
divorce had been obtained before you Mr. Eos
terS was promptly objected to and tho witness
could be plainly hoard In the court room.


Ex-Judge Porter denied the admissibty OF the
answer sought IN a cogent argument


Mr. Carter strenuously argued against the testim
being admitted


Surrogate Coffin said that he disposed to hear





would aiterward give the question OF its admissiby
due consideration


Examination continued-My counsel Mr. Fuller
told me that he had obtained the divorce for which
had paid him before my marriage with Nr. Foster; |
believed and relied upon his word in the matter.


THE CROSS EXAMINATION


Crossexamincd by Mr., Carter-Mr Fuller at the
time he told me that he had obtained my divorce said
you at liberty do as you choose now; you have
gained yonr suit; when paid him the $500 10 carry
out the suit he said II would only require three
days to finish it; it was on this that married Foster;
uug harm ia Carl Pc fnfI Iar1g
Charles Sponsler both my father and
mother are now dead, the former dying four
dead about twenty eght years; born in January,
1877 first Singer my fathcris house in Baltimore
my father was an oyster packer he did not keep place
for the sale Of oysters he hired men TO pack them in
cans when Singer came to my fathers house had
employment Singer came in 1896, in October of the
quest; travelled alone to that city; the
sion mentioned in my direct testimony, when there
was domestic trouble and l screamed | was in my
coupe alone used no language on the occasion referred
to; had seen


MARY M'GoMGLE


in Philadelphia before that day. had been living hap
PLY prior to that OCCASION had complained to another
person of having been beaten prior to
in 1860 / left the house on Finh avenue, and
to the residence of Mrs Megary stayed there
two or three days, and then returned home Fifth
avenue; Mrs Megary was friend of our family; she
kept boarders in Clinton place; think she kept
boarders there five or six years; her husband, be-
leve, was banker at this time; my husbands
is John Edward Foster first him
at Fi1h avenue house. where he
called with his brother; think that in 1860;
lie was living in New York and acted a passenger
agent for the Erie Railroad for about year; he was
also acting for the Michigan Central and Lake Shore
railroads; he came to live in the house Fifth
nue.; do not remember the month or year he lived
there after | left it; think he was there when |
stopping at hotel after the divorce proceedings do
know that he came to live at Fifth avenue in 1860;
don't know how long remained in the Fifth avenue
house after August 7, 1S60-perhaps year two; do
not think saw Foster in August, 1860; do not think
was acquainted with him then; my acquaintance with
him three four months before married;
don't remember whether or not he lived at the
Fifth avenue house IN 1851; think he not
living in that house before | married him;
married on Juno IL, 1862; have not got my marriage
certificate; tore il up day or two aftcrward when
found 1t was wrong; did not get another one; never
tried get another to have 1t corrected the
fcate sent to me; was


BOSTON;


went to church; do not know the name OF the
church; all remember about II rs that 1t Dr.
Fields who ohlciated had him before; my
husband found him; the only other person present at
the marriage Charles VAIL now dead he lived in
New York; think we were married on the day
10 New York, where went to my hotel
and Foster went to hIs home had
been living hotel the corner of Sixth avenue and
Fortieth street. went there from the Fifth
house; my children had been living with there
there were living then at the Fifth avenue house my
married son. together with the children and servants
when left the house my children removed in my
absence had lived in the Fifth avenue house up to
April 1892 while the hotel mentioned four Of my
daughters lived with me; my oldest daughter alone
knew Of my going TO Boston.


ERRORS CORRECTED.


After recess the witness on taking the stand said
81 wish TO correct an error. | was acquainted with
Foster for year before married. and in
to interrogatlons continued; Foster lived with
me at the house in Fifth avenue that fall; think
he commenced living there IN June or July, 1862;
he at no time lived with me in Fifth
avenue before married; did give my name
there Mary Anne Sponslcf; think Foster gave that
my name; that was the name was married under;
showed the marriage rtihcate to my daughter Mrs
Proctor, and tore 1t up in the January following
our marriage; was very III from the effects
! was not going to recover told my daughter of my
marriage with Foster; when sustained the fall
in my own house in Twenty eighth street, between
Eighth aud Ninth avenues; it on the I'D Of Jan
uary after marriage, that the accident occurred
my family consists OF my youngest daughter and my
husband am now living in the house of my fathern-
law; both OF my husbands brothers are present here
to-day.


At this stage paper was introduced by Mr. Carter
which proved to be a subsequent agreement between
the testaor and the witness and this having been
fed by the latter, was puced Oh file. This document
setting forth her alleged illegal marriage with
Foster binds the witness TO renquish the house
settled upon her by the agreement made after
anopy had been awarded her and also the stipulation
OF $50 per week during her lifetime Other agreements
in regard to moneys 10 be paid by the estator for the
maintenance and education Of some OF their children
who still remained IN custody Of their mother and
which were signed by the testaor John f. Foster and
Mary Ann, his wife. were also submitted.


Cross-examDation continued Some time subsequent
to 1868 commenced another suit against Singer and
in the Of Mary Ann Foster; do not recollect the
time have no recollection how far the pro-
ceeded; put in complaint and verified IL have not got
the complaint, but remember the substance of it,


Redirect, BY Mr Van Petit signed the second
agreement surrendcrng my contract without having
read signed il In Mr. Fuilers Office; he sent for
TO come there and bring my contract; this the
contract In which compromised my amony: had
not been his Office paid him the $500 pros
ecutng my divorce suit; when went into his Office he
said, "llave you got the agreementW and answered,
ssYes' he took Of my hand and after locking 1t
up said ''Mr Singer Is in dreadful rage threatens
10 send you to the state Prison asked him for what
and he answered, "For marrying again Z; he then pro-
duced paper and laying II before told TO put my
name to 1t; asked him II II correct and he said
il was when went home found Mr.. Mckenzie
Singers agent In my house and he told TO pack up
my wearing apparel and take my children
away aud We would be back again In two or
three weeks; | then went back Fuller's Office
and he handed a check for 81 500 which was drawn
as Fuller told me, by Mr.. Clark Singers lawyer
day called Mr. Clark and told him that the paper
had signed fraudulent