CORNELL UNIVERSITY LIBRARY THIS BOOK IS ONE OF A COLLECTION MADE BY BENNO LOEWY 1854-1919 AND BEQUEATHED TO CORNELL UNIVERSITY A y77nctober Term, 1867. At an Orphan's Court held at the Oourt- House at Morristown, in and for the County of Morris, on Saturday, the Thirtieth day of November, A. D., 1867. Present — John W. Hancock, Louis B. Cobb, Isaac Bird, Esquires, Judges. _In the Matter of the proof of two paper ~' writings, purporting to be the last \ n ti • i Will and Testament of Patrick [ ^"' ^ '"*"'• KowE, deceased. Henry C. Pitney, Esq., I'roctor for Executors; Jacob Vanatta, Esq., Proctor for Caveators. Michael C. Gross, a witness, sworn on the part of the executors ; examined by H. C. Pitney, Esq. : Q. Please state your age, residence, and occupation ? A. Age is twenty-nine ; residence, 110 First street, y. ^'^; ^ A. That is the paper. ',> \ ^.^ i tESTIMONY OF MiCllAEL C. GROSS. Q. Whose signature is the words "Michael C, Gross"? A. The words " Michael G. Gross, No. 3 Chambers street, New York City," are in nay handwriting. Q; Who wrote the words "P. Kowe" opposite the selal ? A. Patrick Kowe, the man to whom I was introdiiced as Patrick Rowe. Q. Who is Charles C. Egan ? A. He is my law partner ; also of No. 3 Chambers street. New York City. Q. Was he present at the time that paper was ex- ecuted ? A. Yes, sir. Q. Whose handwriting is that, " Charles C. Egan," under yours ? A. Made by Charles C. Egan, in my presence. Q. And the signature " John Flanagan " ? A. Was put there just before I put mine, by Mr. Flanagan. Q. Were you all present together at the time the four signatures were made ? A. Yes, sir ; there were present, myself, Mr. Flana- * gan, Mr. Egan, and Mr. Rowe ; it was in my front office. No. 3 Chambers street. Q. Please now to state all that was said by Mr. Rowe, or any other person, in his presence, in connection with that paper, in the order in which it was said ; give a history of the transaction as it occurred ? A. The Will appears to be dated the sixteenth day of November, eighteen hundred and sixty-six ; that is about' the date that Mr. Rowe was introduced to me ; after the introduction of Mr. Rowe to myself, and some other conversation, passing the time of the day, pleasant weather, &c., Mr.. Flanagan said that he had drawn the Will of Mr. Rowe, then present, and Mr. Rowe desired to have witnesses to it, and Mr. Flanagan asked whether I would witness his Will ; I asked Mr. Rowe whether that was his wish, and he said yes ; the paper was produced, and, if I mistake notj Mr. Flana- gan then said he would rather that Mr. Egan should also witness it ; I now forget whether Mr. Egan came out of his accord, or was called out ; he had previously been in 3 the back-room ; at any rate, he was present at or about the time the paper was produced ; I forget whether the paper was opened by Mr. Flanagan or Mr, Rowe; I forget who it was ; it was laid on a desk, or rather, table, and sigaed by Mx. Rowe ; I asked Mr. Rowe what the instru- ment was; he said "it was his last Will" ; I think those were his words ; I asked him whether he requ3sted us to sign it as witnesses ; he said yes ; and, if my mem- TESTIMONY OF MICHAEL 0. GROSS. 3 ory serves me correctly, added that he came there for that purpose ; then Mr. Flanagan sipjned his name to it ; after that I signed mine ; and after I had signed mine, Mr. Egan signed his — all of us being present ; I will add that I belie ve Mr. Flanagan asked Mr. Rowe, at the tTme 6i- previous to his signing, if he knew what he was -, about to sign, or hjid signed ; I believe Mr. Rowe an- swered " yes^ TieTdid^" ; after the will was executed, there was some conversation between Mr. Rowe and Mr. Flan- agan, but what it was I didn't pay any attention to ; I made some remark, in joking manner, after we had wit- * nessed it, to the effect, I believe, " that I hoped he had taken good care of Mr. Flanagan " ; we all laughed at it ; Mr. Rowe, preparing to leave, asked whether we wouldn't go out and have a drink ; I answered I was much obliged, was too busy to leave, and could not go ; both Rowe and Flanagan tried to persuade me, but no use ; they had to take their drink alone ; Rowe and Flanagan left ; that statement is as near as my memory ■serves me. Q. In your opinion, at that time, so far as you could observe, was or was not Mr. Rowe, the testator, of sound and disposing mind and memory ? A. Judging him by his appearance, his conversation, and his actions, I believe he was sound in mind and memory ; there is another remark that occurs to me now that I made at the time, addressing Mr. Rowe, " that, judging from his appearance, it would be a good while before the Will would be proved " ; that, I believe, was just after I had asked whether he had taken good care of my friend, Flanagan.. 4 Cross-examined by Mr. Vanatta, proctor for caveators: Q. What did Mr. Rowe say whf n you told him you thought it would be a good while before the Will was proved ? A. He said it might be a good while, but he thought it best to make it in time, or some words to that effect. Q. What did he say when you asked him whether he had taken good care of your friend, Flanagan ? A. I don't know — at least, I forget if any remark was made by him ; we all laughed. "— Q. You had never seen this Mr. Rowe before that day, -^ had you, sir ? ^ A. I won't be positive whether I had or not. Q. Had you any acquaintance with him prior to the introduction you have spoken of ? A. I won't be positive whether I had ; I rather think not- Q. Was Mr. Rowe, on that occasion, introduced to Mr. Egan ; and, if so, who introduced him,? 4 TESTIMONY OF MICHAEL C. GROSS, A. I believe he was introduced by Mr. Flanagan ; I * recollect of his having been introduced to me first, and before Mr. Egan came out of the back-room. ■ — Q. Were there any other persons in your piSce, or in any of your offices, at the time you have named, except the four you have menlioned ; and, if so, name them ? A. There may have been, but I do not recollect ; one of our clerks, Augustus P. Wagner is very nearly all the time in the front office — has his desk there ; he might have been there ; and yet, I would not be positive whether he was or not. Q. What time in the day did Flanagan and Patrick Kowe come to your office on the occasion mentioned ? A. It may have been somewhere in the neighborhood of two in the afternoon ; and yet, I would not like to be positive within a half-hour or hour; my recollection is, it was about two o'clock. Q. Did they come in a carriage, or on foot .'' A. If they came in a carriage, I did not go to the window to look ; my impression is, they came on foot ; my office is on the third story. Q. Did you hear no remark while they were there as 5 to whether there was a carriage in waiting for them at the door ? A. No, sir ; I did not. Q. Was there not another man with them when they arrived at your office ? A. I think not. Q. Are you certain or doubtful on that point ? A. My best impression is, there was not ; if asked as as to my certainty, I should say I am certain there was not, to the best of my recollection. Q. Do you know, or did you ever see, a man called William E. Duffy, sometimes called the Rev. Mr. Duffy and sometimes Father Duffy ? ' A. It seems to me I was introduced to a Father Duffy, by whom, or when, or where, I do not recollect ; I may have been to several Father Duffys ; that last re- mark was called forth by the fact that six or eight years ago I was introduced to a gentleman at Piermont, who was called Father Duffy ; I have a very poor memory for names. Q. On the day this Will was executed, were you not mtroduced to a Rev. Mr. Duffy, or Father Duffy, or on the day before, or did you not see such a man on the one » day or on the other ? A Not to the best of my recollection ; on the day the Will was executed, I am as certain as I can be that I Wf.s not mtroduced to him— to any person of that name. ^4- Do you, or do you not, know the Rct. William TKSTIMONY OF MICHAEL 0. GROSS. 5 E. Duffy, a Catliolic priest, now, or lately, stationed at Thompsonville, Connecticut ? _ A. I may know the priest stationed there when I see him ; know the person by sight when I see him ; recol- lect seeing him before ; as for knowing him as the Rev. William Duffy, I won't be positive. Will shown witness, and — Q. Be good enough to look at the 12th item or clause of the original Will, and say whether yoa knew the individual there nominated as executor ? A. I can't say that I do, or that I don't ; when I see him I may know him at once ; he may be a man I have seen before, and been introduced to him ; I wouldn't be positive. Q. Has not the Duffy named in that Will been to see you, and had conversations with you, since the 28th of 6 September last ? "" A. No, sir ; not that I know of ; no person that I know by the name of William E. Duffy has been to see me since that time ; I will add, that if this Mr. Duffy is a clergyman, to the best of my belief no clergymen, except German clergymen, have been to see me since that date. Q. Has not the individual who claims to be the resid- uary legatee under that Will, and to be the executor named therein, been to see you about the execution of the Will since the death of Patrick Rowe .'' A. I. will answer, no ; the only one who has spoken to me about the execution of this Will at any time within the last three months, was Mr. Jo~^m Flanagan, who asked me to come here to prove the execution, and a question put to nie by my partner, Mr. Egan, when I expressed my chagrin at being compelled to come here to New Jersey and lose so much time. ^. After the execution of the Will, who first had any conversation with you in relation to the Will ? A. I believe the only person who spoke to me about it was Mr. Flanagan. * Q. When, after the execution, did he first speak to you about it ? A. It must have been somewhere about the month of September, I think. Q. What did he say to you about it then ? (Objected to by Mr. Pitney as incompetent and hearsay ; objection waived.) A. He said it appeared as though there might be some difficulty about the Will. Q. By the Court — Was that after the death of Mr. Rowe ? A. I judge it was, by a remark he made ; it was with- 5 TESTIMONY OF MICHAEL C. GROSS. in two or three mimths of this time ; ani, by the c niver- sation, I judged the man was dead. Q. Why do you think it was in September ? A. Because Mr. Flanagan told me that he was going out to New Jersey, and because I saw him in conversa- tion a great deal with my cousin, Mr. Jacob A. Gross, who was formerly a partner of mine, and who came often to the office with him for the purpose of clearing up our partnership concerns, he having left about the middle of August ; being so shortly after the dissolution cif partnership of Egan & Gross, of which Jacob A. Gross was a partner, that circumstance fixes the time in 7 my mind, the additional fact being, that Mr. Gross en- tered into partnership with Mr. Flanagan immediately after having left us. Q. For what did Flanagan say he was going out to New Jersey .'' A. To attend to a Will matter that he had there for one of his clients ; I answered I shouldn't like to do any business in the country, but would get some one to at- tend to it ; took too much time, or some remark that way ; he said it would have to be done, and probably I should be troubled, also, by which only then I learned that it was this transaction — this Will. Q. You say he said it appeared as though there might be some difficulty about the Will ; did he specify in what way, or from what source, difficulty was anticipated ? A. The idea that was conveyed to my mind by his conversation was, that some of the heirs were dissatisfied with the Will ; he was about to tell me what the diffi- culty was, but I hadn't time to listen to it, which made our conversation short ; I was in a hurry, and am still ; I think also, I was holding court, and taking a recess of only about twenty minutes for lunch ; there is one fact that occurs to me now : one day as I was going to lunch * at Sweeny's, I met Mr. Flanagan, who said he was going to the country to a funeral ; I asked him whose, and he said Mr. Eowe's ; it was only from conversation after- wards that I learned it was the Mr. Kowe whose Will I had witnessed. Q. When he spoke about going out to the country to attend to a Will matter, did he say who had sent for him or requested him to go out to the country .? A. He did not. Q. When he said there might be difficulty about the Will which you had witnessed, did he say anything about having got Kowe to execute deeds to meet the antici- pated difficulty, in case it should arise .? A. I don't recollect his ever having mentioned Mr. Rowe's name in connection with any deeds. Testimony op Michael c. gross. '; Q. Do you know whether there is any relationship between William E. Duffy named in that Will, and John Flanagan ; and, if so, state what it is ? A. I don't know if they are relations, or if any exists ; I don't know that I am acquainted with any relatives of Mr. Flanagan's ; if I am, the relationship is unknown to me. 8 Q. Do you know whose handwriting the body is ; and, if so, tell us ? A. I believe, in Mr. Flanagan's — yes ; though lately I have discovered that one of his clerks writes very much like him ; I cannot swear positively ; I think it is his, though. ^ Q. Was that clerk in Mr. j^'lanagan's employ in No- vember, 1866 ? A. I could not tell ; I believe he was ; Mr. Flanagan then had a partner, named Eobert Gillen. Q. Do you know whether there were any clerks in their employ in November, ] 866 ? A. I don't know ; but I think this clerk was in their office at that time ; I went very seldom to Mr. Flana- gan's office ; mostly met them outside, at court or Regis- ter's office ; of the two partners, I saw Flanagan most ; the reason why I used to see Flanagan most was, he was very often at my office with my cousin, Jacob A. Gross ; he was very intimate with Jacob ; I believe they had grown up together. Q. Were there any other lawyers' offices in the build- ing where Flanagan's office was, in November, 1866 ? > A. I believe there were ; am positive. / Q. How many ? A. i can't tell how many ; there was on the door ..( some fifteen or twenty signs of, persons, supposed to be lawyers ; there are some there yet. Q. No. 80 Nassau street is near what cross street ? A. No. 80, Nassau street, is between Fulton and John streets, on the east' side of Nassau. Q. Your office at that time was near the easterly end of Chambers street, was it not ? A. It is the second door west of Chambers street. Q. Before Flanagan and Patrick Rowe came into your office to execute the paper, were you informed that they were coming ? A. No intimation was given me that they were com- ing ; had no knowledge or intimation that Mr. Flanagan or anybody else was coming to the office. Q Did either Flanagan or Rowe explain why they had gone so far to your office to get you to act as wit- ness ? A. Nothing was said upon the subject at all. 8 8 TESTIMONY OF MICHAEL C. GROSS. Q. Did it not seem a little strange at llie time to you, that he should pass by all the lawyers there were in his 9 building and on the way, to bring a straager to you to execute his Will in your presence ? A. Not at all ; I generally look for a friend, whom I know, for a witness, when a client of mine desires to exe- cute a Will ; if I have a friend who knows the party executing the Will, I would rather have him, provided he is not a relative of the party making the Will. Q. How long, about, was Patrick Rowe at your office on that occasion ? A. From fifteen minutes to about half an hour ; it may have been longer ; I won't be positive ; but I should judge about half an hour. Q. After the Will was executed, who took charge of it ? — who carried it away from your office ? ■ A. It is hard for me to answer it ; I think I saw it last in the hands of Mr. Eowe ; who caixied it away I can't say ; after that I saw it no more until I saw it here in court. Q. D.d Patrick Kowe use spectacles or eye-glasses in signing his name ? A. I don't recollect ; I think his back was towards me ; I was standing at the high desk against the wall » looking at him as he wrote his name. Q. Was Patrick ■ Rowe much under the influence of liquor at that time ? A. Judging from his appearance he was not under the influence ol liquor at all ; he seemed to me to be per- fectly sober ; if he had been drunk, I shouldn't have witnessed his Will. Q. Did you learn then, when he had come to the city, how long he had been there, and where he had put up while there ? A. I did not ; I supposed at the time he was a resident of New York City. Q. To what place did he invite yon to go out and drink ? _A. The exact words I wouldn't like to swear to, but think he said he was going to Sweeney's, and asked me if I wouldn't be kind enough to go there and take a drink with him ; he thanked me for signing his Will ; I recollect that. Q. Were you then told, or did you know in any way at that time, that shortly before that, he had had a pro- tracted attack of delirium tremens ? ,; A. Nothing whatever was said to me, and I saw no mdfcations of it ; I was not aware that the man had IQ ever had the delirium tremens. The examination was here adjourned until two o'clock P. M., this 30th day of November. ' TESTIMONY OF MICHAEL 0. GROSS. 9 Michael C. Gross, the former witness, continued : Q. Did you ever see Patrick Kowe after the day upon/^ which you signed the Will ? ' A. I do not know as I did ; I might ; have no recol-jf lection of it. ^ , Q. Was not the name of John Flanagan signed to the attestation clause of this Will before the Will was brought to your office ? A. It was not. Q. How is it that the signature of John Flanagan is written with a different ink from what your signature is written ? A. I don't know how it is ; the only way I can ac- count for it is, that the front office has about six dif- ferent desks or tables, each having a different ink-stand upon it, and often, when I am called away, I come back to a different table. Q. Did you see the erased letters made which pre- cede the name of John Flanagan ? '■ A. I don't know ; did not know that there were any until my attention is called to it. Q. Then you have no recollection of seeing those letters made or erased ? A. I have no recollection upon that subject ; it may have been tliere, or may not have been, for all that I know. Q. How old a man did you take the man to be that made that signature ? A. I should suppose about forty or forty-five. Q. To what, if anything, did you at the time attrib- ute the tremor apparent in the handwriting of the signature — I mean the signature apparently made by P. Rowe ? A. I don't know that I attributed them to any source. Q. Can you tell us whether those abortive or unfinished efforts to write his name were done before or after he wrote the words nearest to the seal ? A. 1 think he had a different pen, or was out of ink, when he made the first letters ; when I saw the paper first, my recollection was, that it was entirely clean, op- posite the seal ; nothing was on it at all. 11 Q. Were not those two unfinished attempts to write his name owing to his being, in ordinary parlance, " con- siderably muddled" at the time, so that he could not see where or what to write ? A. If the word muddled means under the influence of liquor, I answer that he was not. Q. Did you ever know Edward Rowe, the brother of Patrick Rowe, deceased ? 2 10 TESTIMONY OF MICHAEL C. GROSS. A. I don't know that I ever did. Q. You spoke about knowing a good many of the clergy ; did I understand you to be certain that the Rev. William E. Duffy was not embraced in the range of ydur acquaintances ? A. I will say this : that if I saw the person here I might know him ; I will not swear I do not know him ; but to swear that I know the particular person you allude to here, I think it asking too much of me to swear that I know hiiri. Q. How long have you known Mr. John Flanagan ? * A. I have known him a good many years, if my recol- lection serves me right ; I must have known him since I was eighteen years of age. Q. Do you not know his brother-in-law, who is a clergyman of the Catholic Church ? A. I don't know that I know any of his brothers-in- law or relations, and I am not aware of his having a brother-in-law who is a clergyman. Q; Do you know a Catholic clergyman, who is an uncle to his wife ? A. As near as I know, he is unmarried ; has no wife. Q. You are not acquainted with his relationship by consanguinity or affinity, then ? A. I am not. Q. When you remarked to Mr. Flanagan that you would not go out in the country to do business — ^that you would send to some one in the neighborhood to attend . to the business — what reason, if any, did Mr. Flanagan give for departing from that method of doing business ; or, in other words, what reason did he give for going out of New York to draw a Will or codicil ? 12 ' _ (Objected to as founded on an untrue assump- tion ; does not appear that he came out to draw a Will or codicil, or that was a matter of conver- sation between them.) A. I did not understand him to say that he was leav- ing _ New York for the purpose of drawing a Will or codicil ; and the idea from the words he used presented themselves to me in this shape : in reference to a Will, that had already been drawn, and that the matter could not be got along with without him. Q. Did he say why he thought his attendance indis- pensable ? A. He did not say that his presence was indispensable • but that was the idea that was presented to my mind ' the words had reference to some Will matter. ' Q. Did he or not explain to you why any other person of respectable professional proficiency could not" TESTIMONY OF MICHAEL C. GROSS. ill attend to -the matter as well as he ; or, in other words, what made it necessary for him to leave New York ? A He attempted an explanation, and, in the conversa- tion, said it would be necessary for me to go to New Jersey in regard to the same matter ; that, and other ■•' subsequent circumstances impressed it on my mind, that it was in regard to this Will that he came here for. Q. Did you ascertain from Mr. Flanigan, when that Will was executed, or at any time since, when it was that he commenced to act as attorney for Patrick Kowe ? A. I never had any conversation with Mr. Flanagan that I could get the least idea from when he began to act as attorney for Mr. Kowe ? Q. About the time that Will was executed, did Mr. Flanagan tell you anything about his having presented a gold watch to Patrick Rowe ? A. No, sir. Q. Did you know or hear of that circumstance ? A. I did not. Q. You spoke of two conversations with Mr. Flanagan : one, when he spoke about his going to the country to see about a Will matter, in the course of which, you got the impression that the heirs was in some way dissatisfied ; was that before or after you met him at Sweeney's, when he said he was going to a funeral ? 13 A. I think it was after that time ; I may have got the cart before the horse in my testimony in regard to my conversation with him in reference to his going to New Jersey ; I was always in a hurry when I met him, bein^g about the time of my recess at noon, and the conversa- ' tions were always cut short. Direct-examination resumed : Q. This attempted explanation — what the difficulty in the Will was — was that cut short for want of time ? — .why did he not finish the explanation ? A. I had no time to listen to it. Q. Prior to the time you saw him going to the fune- ral, had you heard anything about this Will, or any Will, from Mr. Flanagan, since its execution ? A. Not since the execution of this one ; I believe this • to be the only Will that Mr. Flanagan spoke to me about, or I believe this is the only Will he and I have any connection with, as counsel or party. Q. How long after the funeral was it before Mr. Flan- " ,'agan told you that there was, or might be, trouble about this Will ? (Objected to, as leading.) ' A. It may have been some weeks after it ; exact time - 1 cQuld not state ; I suppose it was one of these cases — 12 TESTIMONY OF JOHN FLANAGAN. that hardly a Will is offered iii New York but what we hear something about the family — some dissatisfaction. Q. Did you know anything at the time about the con- tents of the Will ? A. The contents of the Will was not made known to me, and don't know now, except what I saw on the last page. Cross-examination resumed : Q. By what do you fix the fact that Flanagan told you there was trouble with the heirs, to have been, after you heard Patrick Eowe's death ? A. By the fact that since the dissolution of our co- partnership, I had occasion to see Mr. Gross, and, of course, I inquired for Mr. Flanagan — asked where he was ; said he had gone to New Jersey. MICHAEL U. GEOSS. Sworn in open Court, J November 30th, 1867. j John W. Hancock, Louis B. Cobb, Isaac Bikd. Thuksdat Morning, Dec. 4, 1867. 14 John Flanagan, a witness, called upon the part of executors (objected to by Mr. Vanatta as an incompe- tent witness) ; age 29 and upwards ; business is that of a practicing lawyer in the City and County of New York being an attorney and counsellor at law. ' _ Q_. Were you acquainted with Patrick Eowe in his lifetime ; if so, how long ? A. I was acquainted with Patrick Eowe, the deceased whose Will is now offered for probate ; very intimate with him since about the 25th or 26th days of July 1866 ; I had known of him from my infancy, and he of me ; my father and he had grown up, as you might call boys together. ' Q. Were you ever standing counsel for Mr. Eowe ■ and if so, how long ? ' ' ..^ (Objected to, as leading.) ihhi^!'^' ll^^! t"^? ''°.''o'''^^ ^°^ ^''- ^°^e from about death °' ^ ^' ^^' "^"^ *^ *^^ d^y «f his th?t tSi°eV^*''' ""''' ^"''^ ''' ^'^^* °^ ''''''S him during A I saw him every day, almost, that he was in New York from that day in July ; he ^as down to my oS ofteu would com, ^oJ^l^Z^J^^Z^^C:^ TESTIMONY OF JOHN FLANAGAN. 13 ways, since my acquaintance with him, expressing a great wish for my company. — Q. State the circumstances connected with the execu- tion of the Will now propounded for probate ? A. Mr. Rowe was a gentleman who wished to have a great secrecy about his business aifairs, so far as I could ever judge ; he spoke to me about drawing his Will, sometime after his brother's death — in the month of August, 1866, I think ; his brother died on 23d July, 1866 ; he then told me that he had had a doctor to ex- amine him, and that he was advised by that doctor that he might die the same as that brother — that is, disease of the heart ; he said then that he was about to draw his Will, so that he might not die intestate, as his brother did, and that he wished to enjoin on me the greatest of secrecy about it ; that he was making up his mind what disposition of his worldly goods and effects there should 1 5 be ; after that time, and until the 16th of November, 1866, he spoke to me about it about four times, asking me, among other things, if I had mentioned the matter to any person ; I answered- him no ; I think the last time he spoke to me about it was just about two weeks before he drew his Will ; no Will was drawn, nor any paper purporting to be a Will, by me for him, or by any person, to my knowledge, from the time he first spoke to me in relation to the Will, until the i6th day of Novem- ber, 1866 ; on the 16th day of November, 1866, I drew his Will under the following circumstances : I happened to be in Court, engaged in a case on the morning of that day ; didn't get to my office until 11 o'clock (from Court) ; shortly after 11 o'clock, or near as I can remember now, Mr. Eowe came in to my office, all alone, and, entering my private office, passed the usual compliments of the day, and said, " Now, I think it is about time I finished up that business — I have been so long speaking to you about it ; are you too busily engaged this morning to attend to it " ; I didn't * ] understand at the time what business he referred to ; I thought it might be in relation to the sale of his farm, because he had already spoken of selling it, and asked me to try and find a purchaser for him ; I told him, or rather asked him, if that was the business he referred to ; he said, " No ; it is in relation to drawing my Will " ; I asked him then if he was prepared to draw his Will that morning (after he had told me that was his business) — ^if he had thought over the matter properly, and perfectly understood whg,t the .ii-ue_ nature of a Will was ; he said he did, and that he wished me to draw it then and there ; I then commenced and wrote out the paper which I have in my hand, according to his directions— fM .TESTIMONY OF JOHN FLANAGAN. after,, of course, framing it in the usual way that lawyers frame Wills ; the elementary part I drew myself, or formal .part, the same as all lawyers do, including the first sub-divisions, saying, "I order all my just 'debts, &c., to be paid" ; then all the others I wrote down just exactly as he gave me. the names and the amounts ; 16.1 wrote each section just as he instructedi me, and until ,1 had the second ^e^tion written, down, I. did not know .wHat the third would be, and so on through the. Will, ; after I had the last section written down, I read over . tlie document to him three different times before I put .the attestation clause on^and asked hi_m_ if Ji§,, fully understood the entirety "01 the document, to which he answered^ yes ; he then suggested that I should insert ~my name in the Will for a sum of money, as a token of appreciation for me ; I told him, no ; I had drawn a good many Wills, as a lawyer, and been asked by clients .to do the same thing: take a bequest from them by the Will I, had drawn myself ; but that if he wished me, and I alone, to draw the Will, that I could not consent to have my name inserted in it so long as I drew it, because ■ I wished, always to have my reputation abova any sus- picion, and that I had adopted that rule early in the -commencement of my professional life. Q. When was the word "emigrant" in'erlined in ■ the third clause, bottom of first page ? * A. Imjnediately after writing that section, before exe- cution. - Q.: In the eighth clause, the words "fifty dollars" erased .and' " twenty-iive" interlined, when was that done ? A. It was done immediately after writing the section, and before execution ; he changed his mind after it was : first written, thought fifty dollars would not be enough, made it twenty-five pounds ; calculated in his mind the rate of exchange at that time, how much fifty dollars would be in British money. .Q. The word " bishop " in the tenth clause, when was tl^at erased ? A. It was erased immediately after writing' that clause, and before execution ? ° Q. Did you make any draft of that Will, or is that :the! first copy you made ? : A. That is the first draft and only draft I have made of that. Will. Q. Go on with the circumstances of the execution ? A. When I say the word "bishop" was erased after the: tenth section was written, I mean to say after that .part of the section preceding the word bishop was writ- .ten ,■ the object m making that is to prevent misunder- 17:-&taudmg. .the last answer; after he had pronounced the TESTIMONY OF JOHN FLANAGAN. 15 twelfth section as being the last of his Will, and had no more to say or give to any person, I put the attestation clause on in my office, and read it over to him three times after the Will was all entirely finished ; then I told him that it was always my habit and custom to procure the attendance of a physician, known to the testator, as a witness at the time of executing the Will ; I asked him then which physician he would prefer to go to ; he said he did not wish any body in his own im- mediate vicinity to know anything about his Will — to know whether it was mr.de or not, and asked if I knew any physician of my acq^uaintance ; I told him I did — I knew Dr. Dillon, who resided in New Chambers street ; that he was near Mr. Jacob A. Gross, my present partner; that as Mr. Gross knew him (Mr. Rowe), they would make two very good witnesses ; we then went to New Chambers street, from my office, to see Dr. Dillon, and when we got to his office he was absent ; he said then that he regretted that very much, and asked if I would not go to Mr. Gross' office, 3 Chambers street ; we then * both walked to Mr. Gross' office, No. 3 Chambers street, and found Jacob A. Gross out also; Judge Gross, Michael C. Gross, and Charles C. Egan, his partners, were both in at the time ; I asked Mr. Bowe what we should do ; Jacob A. Gross was not in, but Judge Gross was ; he said let us finish the matter now, the Judge can be a witness as well as Jacob ; I then told Judge Gross, in the presence of Mr. Rowe, the nature of my business, introduced Mr. Rowe to both him and Mr. Egan ; then Judge Gross asked Mr. Rowe if he wished him to be a witness ? Mr. Rowe told him that was his Will, and he did wish him to be a witness to it ; Mr. Egan asked the same thing after being introduced ? Mr. Rowe then signed his name opposite the seal, in the presence of Mr. Michael C. Gross, Charles C. Egan, and myself, on the same day that this Will bears date ; I then, after he had signed it, asked him, in the presence of all the wit- nesses, if he acknowledged to us this instrument so signed by him to be then and there published by him as and for his last Will and Testament, and if he requested 18 us to sign our names to it as witnesses ; he gaid he did ; and we three thereupon, immediately after he had signed his. name, signed otir names as witnesses ; I will say here, as a rule, I always ask the testator if he signs, seals, publishes, and declares, &c., as in the attestation clause, quote the words to him. Q. This erasure, just before your name as witness — tell about that ? A. Judge Gross had a gold pen in his hand, and, out of politeness, handed it to Mr. Rowe to sign his name ; Ig TESTlMONt OF JOHN FLANAGAN. Mr. Eowe then commenced to write his name right before mine (mine was not written at the time), and as soon as I discovered that he was writing at that_ par- ticular place, instead of opposite the seal, I told him it was the wrong place, and pointed out that he should write his name opposite the seal ; then he made the letter P on the line above the seal ; I told himl would rather he would write it directly opposite the seal ; this part was in an undertone conversation; I did not wish to injure his feelings in the presence of the other gentle- men ; he then wrote his name opposite the seal. * Q. Do you recollet whether you all used the same pen and ink ? A. We did not ; Mr. Gross used his gold pen, Mr.- Bgan used the pen he was writing with when we entered the room, and I used the pen Mr. Kowe used, because he handed it to me ; that I recollect very distinctly — all at No. 3 Chambers street. Q. Did Mr. Eowe finally use Judge Gross' gold pen ? A. No ; he used a steel pen ; then I will say that I am positive that the ink with which we wrote our names was different ink ; it was taken from diiferent bottles. Q. On that occasion, in your opinion, was or was not Patrick Eowe of sound and disposing mind and mem- ory ? A. Yes, sir ; Mr. Eowe on that morning, if I can be considered a judge of human nature, and I think I am, was of a sound mind, and as cajiable of disposing of his property as any man that I ever saw in my life ; I don't think that is saying too much ; he was perfectly sober"; he didn't have the slightest sign of liquor on liim ; and as regards his memory, I think he had one of the best 19 memories that man could be blessed with. Q. What became of the Will ? A. The Will was taken up by him in Judge Gross' office, after all the witnesses had signed it, and handed by him to me with instruction to take charge of it for him ; I sealed up the Will in his presence in that envel- ope. (Envelope marked Exhibit B.) Had indorsed it as is indorsed before I left my office ; sealed it up at the door of Judge Gross' office after he handed it to me ; on that same afternoon I placed that in a pigeon-hole in my desk, and there it remained until about the 7th of May last, when I removed it from my desk, and placed it in my safe. Q. Where was your then partner, Mr. Gillen, on the IGfa. November ? A. He was, I think, engaged in Court ; at any rate, he was out of the office, engaged in some business ; he came in once while I was drawing the Will, and went out TESTlMbNT OF JOHN FLANAGAN. .17 again ; I will explain why tlie Will was allowed to re- main in my desk, instead of ray safe : I had one side of my desk always locked ; it was a high desk ; no person had any access to it, except myself ; the safe was access- * ible to more than myself, and I had no private pigeon- hole in the safe for myself, and, thei efore, for Mr. Rowe's satisfaction for secrecy, I put it in the pigeon-hole of my desk, instead of my safe, and on the 1st of May I dis- solved partnership with Mr. Gillen, and no one had ac- cess to my private pigeon-hole in my safe there, but myself ; then, on about the 7th of May, I removed it from my desk to my safe, and there it remained until about the 17th of September last past, without being Opened, unsealed, or the contents made known to any person by me. Q. Which indorsement do you refer to as being made on the 16th November — that on the Will, or on the Ex- hibit ? A. I think they were both made at my office at the same time. Q. On or about the 17th of September last past, what occurred ? A. The codicil bears date the 18th of September last ; and, on the evening of the 16th, two evenings before that, I was sitting up with him in his room during his last sickness, at his room at Morristown, at his request ; he told me that he wished to change his Will ; I asked him 20 if he would like to see it ; he said he would, and I brought it out for him the following evening ; that was on the 17th ; I then opened it in his presence, which was the first time it had been opened since the execution, or since it had been sealed up ; I read it over to him . correct ly ; we were both alone at the tim e, and he told "me then that he wished to change it ; I asked him in what manner; he said he wished to make additions to it ; I said to him, I suppose you mean a codicil ; he said I believe that is what you call it, (or something like that) ; I then asked him what the additions should be ; he said he wished to give to his folks in Bridgeport, cousins of his, fifty dollars apiece ; I told him that was a very small amount to give, and asked him how many he would give to ; he then said all his first cousins — then numbering six or seven; so he said, then I will give them that much to shut their mouths up ; they never came to see me, unless they came for something, and this will show them just how much I think of them ; * then I asked him if he had their names all correctly in his mind, and to think over the matter to see if he would not give them more, because I had a great regard for the family of the contestants, and wished them to get 3 Vj^ TESTIMONY OF JOHN TLANAGAlJ. a great deal more if I could ; I asked him if he had any other persons besides thorn to give anything to ; he said lie liad, 'and mentioned their names as they appeared in "the codicil. Q. Who wrote this codicil, and when was it executed? A. I wrote the codicil, and it was executed on the 18th September, at about ten o'clock at night — as near that hour as I can recollect ; I will explain why I did not write the codicil the first evening he spoke to me about ft : he had a relative, named Richard Cunninghaim, and he stood for me at my baptism ; after he had mentioned the names of the parties to the codicil and the amounts, I told him that I thought it was a shame not to do anything for Mr. Cunningham, and he referred to some trouble about his store in New York after his brother Edward's 'death, that he might f hank himself for not getting any- thing, and that he would not give him one cent ; 1 thought he would change his mind and give him something-; 21 on the morning of the 18th, at about five o'clock, while I was sitting with him, watching him, he said he wished t6 have his codicil executed that day ; so I told him to have the names all ready and the amounts — that I would tell Doctor Flagler, who was attending him, when he -would come that morning ; (he used to call at a very early- hour in the morning) ; that I would request him and Doctor Fisher, who was also attending him as consulting physician, to be there that evening as witnesses ; I came but then on the half-past six train from New York that evening ; got here at half-past eight or nine ; Doctor Fisher Wnd' Doctor Flagler were there before me; I told Mr. Rowe, I suppose you know what the Doctors are here for this evening ; he said yes, and I think I said have you . ^got the names and the amounts ready for me to go to work ? He said he had ; he had told Mr.- Duffy to write down the names and the amounts ; I told liini— when I said to him to have the names and the amounts ready — I did not mean in that way, but to have them there ready in his own mind ; he said he had misunder- stood me ; I then drew out the codicil as quickly as I could, and read it over to him, and, after having read it »over to him, asked him if it was all correct — the samea^ I had done with the will ; he said it was just as he wanted it ; he then said, " Hurry up ; call in the Doctors ; don't keep me waiting ;" I then called in the Doctors at his request ; they then came in and it was signed by him in their presence, and acknowledged and declared to be a codicil to his will, and. that he confirmed his will • they then signed their names right on the spot as wit- nesses to the codicil ; in addition to the names And amounts he wished my name to be inserted as executor TESTIMONY OF JOHN FLANAGAN. 19: assigning as a reason, that I, being a lawyer, could save a bill- of expense to the estate; then, after the codicil was witnessed by both Doctors, Doctor Flagler asked me if I would not sign my name as a witness, as it required three witnesses to a Jersey will ; I told him not just then, as I thought two were enough — that the law had been changed, and I did not sign as a witness ; after tl at I took the will and codicil at his request ; he told me to take care of it ; so I took it and locked it up in my. valise, and brought it to New York the next day ; 122 took it to New York on the 19th of September, and placed it in the same pigeon-hole in my safe that it had been before, and there it remained in the same envelope and with the same secrecy until after his death. Q. Did you attend his funeral; and, if so, do you recol-. lect of seeing Judge Gross on the same day ? if so, what occurred "^ A. I recollect that Mr. Eowe died on the 28th of Sep- ' tember ; on Monday morning I went to New York - , to look after having his grave opened, and as I was coming down from Calvary Cemetery office in Mott street, I.stopped at Sweeney's Hotel which was on my way, and I met Judge Gross in a great hurry going down to have % lunch ; this was about one o'clock, and he asked me if I would not go down and take some dinner witli him ; I told him no, I was in a hun-y — that I wanted to go to my office to look after some things, and then wanted or had to go out to Jersey to attend to the funeral of Mr. Rowe, who had died on the Saturday previous, remarking that it was the same gentleman whose will he had witnessed for me ; that was the first time I had spoken to him about that will from the time of its execution to that * day, Q. When next did you see Judge Gross .? A. I saw him about the 10th of October, I think, within two weeks after I had seen hira, when going to the funeral ; it was after the first caveat was filed ; that was the second time I saw him or spoke to him itt relation to this matter. Q. What was said between you at that time ? (Objected to ; objection overruled by Court.) A. I said to Judge, there is trouble about that will — I think you wiU have to come out to Jersey; and tried to e?:plain to him that the caveat had been filed by one of the next of kin — that the heirs were dissatisfied, from- what I had heard and from what I saw ; he did not have time to listen to me — left me^very abruptly, after excus- ing himself. Q. Are you acquainted with the Reverend William E, Duffy, residuary legatee and devisee of the will ? A, I am. 20 TESTIMONY OF JOHN FLANAGAN. Q. How long have you known him ? A I have known him as long as I have been able to know any body — certainly since I was three years old. 23 Q. How is he related to you, if he is in any way ? A. He is not related to me by consanguinity in any -jvay — his brother is married to my sister ; that is all the relationship. Q. Do you know whether or not, Patrick Eowe, the deceased, was acquainted with Mr. Duffy ? A. I knew it well — he was intimate — I knew it from the fondness he showed for him long before I knew any thing about the contents of the will, or that I drew the will ; I had occasion to say and write that I thought no father could love a son more affectionately than he loved him. Q. Do you know whether Mr. Eowe had a residence in New York City or not ? A. Yes ; I know he had at that time claimed it as a residence, because he anticipated selling the farm ; was at his residence several times ; it was 56 Elm street, cor- ner of Catharine lane. New York City. Q. Had you charge of any of Mr. Rowe's valuable pa- pers previous to his death ? A. Yes, sir ; all of them— before his death — even the policies of insurance he had given to me, so that I might * have them altogether. Court adjourned until 2 o'clock this P. M'. 2 O'clock P. M. Court met pursuant to adjournment. John Flanagan cross-examined. Q. Were you introduced to Patrick Eowe on the 25th or 26th of July, 1866 ; and, if so, by whom and where ? A I was at Mr. Eowe's house or store at 56 Elm street on the day his brother Edward was buried ; am not posi- tive as to the particular day of the month ; think it was the 25th or 26 th (immediately after the funeral) I saw him at the grave-yard ; knew him, and thereupon spoke to him, without an introduction, at the house, and was afterwards introduced to him by Mr. Leverty's mother I think, the same evening — he and she being up stairs 'at 24 the' same time — she sittijig quite close' to him — that is as near as I can recollect the manner of the introduction. Q. That, alternoon after Patrick had returned from the interment of his brother, were you not introduced to Pat- rick Eowe at 56 Elm street, by William E. Duffy, in the presence of Michael Leverty, Michael Eowe, Mrs.' Ellen Leverty, and Eichard Lawless ? A. I might have been ; I spoke to Mr. Duffy immedi- ately after I had spoken to Mrs. Leverty, because I had invited her that day to take a seat with me in the coach TESTIMONY OF JOHN FLANAGAIT. 21 I had at the funeral, but am quite positive I was intro- duced by Mrs. Leverty ; following that, Mr. Duffy told Mr. Rowe who I was — there was considerable confusion at the time. Q. Did you or Patrick Rowe at that time say or pre- , j tend that either of you had had any previous acquaint- ance .'' A. No, sir ; I never did pretend to have had any per- sonal acquaintance with him prior to that day, and havn't said so to-day, that I ever did pretend to be person- ally acquainted with him. Q Did you have any personal acquaintance with Ed- * ward Rowe in his lifetime .? A. I did for a number of years, and heard of him and his brother when I was a school-boy. Q. Were you a visitor, or called at Edward Rowe's at 56 Elm street, in his lifetime ; and, if so, how frequently were you there, and for how long a period ? A. I know that for about five years prior to his death, I was a visitor — not, however, a very frequent one. Q. About how frequently ? A. Perhaps, on an average, about once a month ; and some months not at all ; I used to meet him in the park and on the street quite often — oftener than I would at his own house. Q. Who invited you to attend Edward Rowe's fu- neral .^ A. No person in particular ; papers invited all friends ; that was the first I knew of it, by seeing it advertised in the paper ; as a tribute of respect, I went there, and at- tended his funeral. Q. After the funeral of Edward Rowe, how long did you remain there that day at 56 Elm street.!* A. I wouldn't be particular as to the time, but would 2 5 say three-quarters of an hour ; it may have been an hour, Q. About what time in the day did you leave there ? A. As near as I can judge now, it must have been eight o'clock or thereabouts ; still, I won't be particular, as I didn't look' at my watch at the time. Q. I suppose you left Pat:^ick Rowe and William E. Duffy at that place, did you not ? A. Yes, sir ; Mr. Duffy always stopped there, when- ever he came to town ; and whenever I saw him, up to that time, I always saw him there — that is, when I saw him in the city. Q. When, and where, did you next see Patrick Rowe ? A. Either the next day, or the^ay after, at my office, as near as I can recollect just now. 22: TB9TIM.0N,y OF JOHN FtANAGA-N. Q. Who came witk bim to your office on that occa- ^'^A.' Mr. Duffy ; he (Mr. Duffy) had never been in my office previous to that day. Q; What was their business m your office on that oc- casiop .'' I, ^ » A. Professional visit ; to consult me as a lawyer. _ Q Were you consulted about the affairs of Patrick Bowe or WilliamE. Duffy at that time ? A. About the affairs of Patrick Rowe. --^ Q Were letters of administration taken out on that ^occasion, or immediately following that visit to your A. Cain't say that they were immediately got out but they were got out soon after, as soon as securities could be obtained ; he experienced great diffculty in finding such. „ ,. " -in Q. What was the difficulty in finding security :> A,- That I cau't say, because I do- not know, of my own' knowledge, who the parties were he asked. Q. Who did become the securities ? A. A Mr. Gallagher and a Mr. Claffy. Q., Give us their Ghristian names, and places of resi- (ipncG ? A. John D. Gallagher, and Richard Claffy ; don't know where they live now; did know where they did live at that time. Q. Where did they reside then ? A. The former, in Myrtle avenue, Brooklyn; the 26 latter, corner of Carlton and Willoughby avenues ; think he resides there yet, but don't know. Q. Were you acquainted with them at the time ? A. They were clients of mine at the same time ; that was why they went security, as a favor to me. Q It was at your request then, that they became security ? A. Yes, sir ; because he couldn't find a-,y. Q. These persons who went security, had no previous acquaintance with Patrick Rowe, had they ? A. I don't think they had ; I introduced Mr. Claffy, who became security — or spoke to him about it. Q. For what amount did they become securities ?. A. Don't recollect just now ; never have seen the un- djertakipg since. Q. Was it not eighteen thousand dollars ? A. You are asking me too much ; I couldn't say ; the assistant to the Surrogate fixed the amount. Q. What is your impression as to the amount ? (Objected to as an incompetent mode of prov- ing the content^f a paper.) TESTIMONY OF JOHN FLANAGAN. 23 (Objection is made that the whole line of the cross-examination is incompetent, as regards the * administration of Edward Rowe,) A. I don't recollect asking them to go security for any amount ; as I said before, the amount was fixed by the administration clerk — sometimes known as assistant' to the Surrogate — ^but my impression now is, that it was somewhere in the neighborhood of fourteen thousand dollars ; may have been more, but I don't recollect it. , Q. Did either Gallagher or Claffy, at that time, own any real estate in their own right ? A. I know of my own personal knowledge, as a law- yer, and as far as the records would show me, that Mr. Olaffy did — and a good deal of it, too ; as to Mr. Gallagher, am not positive of my own knowledge, as I did not examine any titles for him ; I would say, that •before that, he asked me to procure him a loan on his house in Myrtle avenue ; from that, I should judge he owned it. Q. Whereabouts was that real estate situated ? A. Where he resided, and in South Oxford street, Brooklyn. Q. You say that you saw by the record that Olaffy 27 was the owner of real estate ; will you be good enodgh to say what record it was .-' A. Register's Office, Brooklyn. Q. What was Clafiy's business at that time ? A. Builder. Q. Whereabouts did he carry on the business of a builder ? A. He was building three or four brown-stone houses in Oxford street, at the time ; had them nearly com- pleted. Q. Can you tell whereabouts in Oxford street ? A. If you knew the location in Brooklyn, I could tell you ; Oxford street is a very small street. Q. Were those sureties men of responsibility, or were they pecuniarily irresponsible at the time you got them to go security ? (Objected to as irrelevant, and the objection goes to the whole line of examination as to the administration and. the sureties of Patrick Rowe's estate ; question sustained by the Court.) A. I believed so, at the time, that they were men of -responsibility ; I believed at the time that each one was worth over thirty thousand dollars. Q. Did you pay them anything, or agree to pay them anything, for becoming sureties ; and, if so, how much .'' (Same objection ; quegiion sustained by the « Court.) 24 TESTIMONY OF JOHN FLANAGAN. A. Never, in my life, or never intended to either to them or to anyone else ; they would consider it an insult to offer them anything, and I would, too. Q Did they ask or receive any indemnity ? A. No, sir ; neither they nor I considered any neces- q' You said that Patrick Eowe was unable to get the securities : did he tell you, or did you, in any way, learn who he asked to become his securities ? A. I don't know, of my own knowledge, who he asked. Q. Did you not hear him name some of the persons who he asked for that pui;j)Ose ? A. I think my last answer sufficient for that. Q. Did you not hear him or William E. Duffy speak about Eowe and Duffy asking a Mr. McKenna, who lived nearly opposite 56 Elm street .? A. I suppose the same answer can be given to that ; I don't know, of my own knowledge, that he asked any- body. Q. Did Patrick Eowe tell you what the difficulty was 28 in his getting securities — what objections the persons made to whom he applied .? A. No, sir. Q. Patrick Eowe had lived at 56 Elm street a great many years, had he not .? A. I presume he had ; I know his brother had. Q. It was well known there among the acquaintances of Edward Eowe and Patrick Eowe, that Patrick Eowe was the sole heir of Edward, was it not ? A. So far as I know, it was ; I cannot answer for any one else ; the Mr. McKenna you speak about, does not live opposite Mr. Eowe's ; lives in the north end of New York City, adjoining Westchester ; Mr. Eowe told me he asked him to go his security ; his answer was to him (Mr. Eowe), that he would not go security for any man, not even his own (or old) pastor, who had asked him a short time previous to that ; Mr. Eowe told me he had asked a certain Mr. Sherlock, now deceased ; he promised to meet him at the Surrogate's Office, in New York, with me, but he didn't come ; and Mr. Eowe afterwards told me the reason was illness ; that is all he told me he asked. Q. Isn't there a Mr. McKenna who has a brass * foundery nearly opposite 56 Elm street .? A." Yes ; it is the same party ; you asked me if he re- side there ; I said, " No." Q. I wish you would explain to us why it was that a man who had lived in New York as long as Patrick Eowe, and who had just inherited Edward Eowe's prop- 'TESTIMONY OF JOHN>LANAGAN. 25 erty, could not obtain security on an administration bond in New York ? (Question objected to, as incompetent ; objec- -^ tion sustained.) Q. Please state such facts as are within your knowl- , edge as may tend to explain why Patrick Rowe could not obtain security on an administration bond in New York ? (Question objected to, as incompetent ; question sustained.) j A. If counsel asks for an opinion as a lawyer, I hope he will pay for it ; as to give any facts about it, I can- not ; I will say further : Mr. Rowe felt so oifended when he asked those two parties, whose names I have men- tioned — at the refusal of one (Mr. McKenna) to become security at all, and the absence of the other to comply with his promise, and the additional fact that Mr. Rowe was lame, and consequent trouble of mind attending his brother's death, I told him I was better able to run 29 around than he — I would get it for him ; I don't believe he would have had difficulty in getting six hundred thousand dollars security ; don't believe there would have been the slightest question about it, as far as my^ knowledge should go. Q. Were you present when the inventory of Edward Rowe's property was made, at 56 Elm street ? A. I hav'nt said there was one made ; I decline to answer that question ; if you will show me that there was one made I will give you the answer. Q. Was there one made, or was there not ? A, Can't say ; it wasn't a part of my business ^to make it. i Q. Was any part of that property taken to Connecti- "-' ' cut by William E. Duffy ? (Question objected to ; objection sustained.) A. Can't answer ; decline to do it. Q. What was done with the personal property of Edward Rowe, at 56 Elm street, after his death ? (Question objected to ; sustained.) A. It is impossible for me to answer that question ; you might as well ask me what Judge Hancock does with his property ; I know about as much about it. Q. Why is it impossible ? A. Because it was none of ray business to know. J Q. Do you mean to testify that you do not know by information or otherwise ? A. If you don't understand that I don't testify from my own knowledge as a lawyer, I wish to tell you that I do ; and that from my knowledge I don't know what became of that property, except to sell goods in the 4 ^6 TESTIMONY OF JOHN FLANAGAfT. store, same as usual ; Patrick Kowe carried ou the. store, j i same as usual ; he gave me a couple of books (law- ; books) which he had; said they were no use to him; but as to my own knowledge, I can't answer as to Mr. Duffy ever taking any of it ; I don't know that be ever took a dollar of it, except to get a glass of something on . goiag away ; but as to anything else, I don't believe he did. Q. How long did Patrick Eowe carry on the store at 56 Elm street, after Edward's death ? A. Can't tell the exact time he gave up. Q. Tell us as nearly as you can "^ A. I suppose it must have been coming on May ; he^ had to give up possession at that time ; he must have 30 stopped that, in order to get away. Q. While the business was carried on in his name, who really did the business — I mean, who bought the goods which came in the store, and paid for them, and, received the income of the business "^ A. If I am expected to give to it a legal answer, Patrick Eowe (the work of my servant, the work of my- self). Q. Is that your only answer to that question ^ A. That is my only answer — the only one I should give, and the only one I can give ; I am expected to give my own personal knowledge, and I give it. Q. Do you mean to testify that Patrick Eowe person- ally, and by his own personal action, purchased the goods, and paid for them, and received the proceeds of the sales made in the store, from the customers ? A. I hav'nt so testified that he personally bought the goods, and I repeat that I am right in my former answer, because the act of the agent is the act of the principal. Q. Do you mean to testify that you don't know who did perform the acts of buying and paying for the goods, and receiving the money from the customers ? A. I mean to say that I don't know, of my own knowl- * edge, who bought the goods, or who paid for them pei'- sonally (if you want it that way), other than Mr. Eowe, , and I mean to say that Mr. Eowe received the income from the sale of those goods, and that himself and his clerk sold goods over the bar ; that is the entire answer. Q. Patrick Eowe spent. most of his time on his farm, near Morristown, did he not "? A. After the death of his brother, up to or about the 1st of May, 1867, I did not consideir this his legal resi- dence ; since the 1st of May he has resided here, up to , his death. ,. Q. Did you consider his legal residence to be here after May 1st, 1867.? .-.>., TESTIMONY OF JOHN FLANAGAN. 27 A. If you ask for my legal opinion, I answer, I did not, and I never did, consider this his legal residence, because he always told me he wished to sell his farm and get out of here as quickly as possible, because he considered New York his home ; where he may have voted for convenience' sake, I know nothing of. Q. From the death of Edward Kowe until May 1st, 1867, did not Patrick Kowe spend the greater and prin- cipal part of his time at his farm, near Morristown, or 31 at some place outside the City of New York ? A. I have answered that already ; he was in and out all the time, and not living with him ; I can't tell whether he was stopping in New York or Morristown. Q. What do you mean by saying he was in and out all the time ; how frequently do you mean, went in and out ? A. I mean to say I saw him so often. Q. As often as once a week ? A. Yes ; a great deal oftener sometimes ; sometimes not so much, because I would not go there to see him. Q. During the period last mentioned, were there not whole months at a time when Patrick Eowe was not in New York at all ? (Objected to, as irrelevant ; objection waived.) A. If there were months, I never knew it ; during the time between his brother's death and his death, I did not know it. Q. Who attended to the business of the store in New York when he was not there ? (Objected to, because it does not appear that the witness knows.) A. To that I say, I have nothing to do with it. By the Court — Do you mean to say by that, that you do not know ? * A. No ; his clerk attended to it. Q. Who was that clerk ? A. Mr. Diery. Q. How long after his brother's death did he remain in New York without coming up to Morristown ? A. Don't know. Q. After he did come to Morristown next, after his brother's funeral, how long did he remain away from New York,' as near as you can tell ? A. Don't know ; have answered that already. ' — Q. When did you first come out to his farm near Mor- ristown after the death of Edward Eowe ? A. Some time last summer. Q. Tell the time last summer, as near as you can ? A. He sent in for me, as near as I can recollect, in June ;- he had hurt his ankle, or lame leg, and wished to Bee me, and I came out on Saturday evening. 28 TESTIMONY OF JOHN FLANAGAN. Q. Were you out helfe in October, in 1866 ? _ A. I was not ; I never saw Morristown until the time I speak of, or about that time, in June. ' Q. Was Patrick Eowe in New York, in October, 1866 ; 32 and, if so, what time ? A. He was, the last week in October. 0. Had he been at New York for some time immedi- ately prior to that ? A. Not for a couple of weeks, to the best of my knowledge; he hadn't been to my office ; therefore, I suppose he was in Morristown ; but I am as positive as I am of my existence, that he was in my office the latter week of October, 1866. Q. Was it not on the 29th of October,1866, that he came to your office ? if not on that day, what day of the month was it ? A. It was on the 27th of October. Q. How do you fix it on the 27th ? A. Because I drew an agreement on the 28th day of October, and he saw me the day previous. Q. That was an agreement with who ? A. Parties in New York. Q. What are their names ? (Objected to, as irrelevant.) A. I decline to answer that question, as it was a busi- ness between me and my client, and I fall back on my privilege as a lawyer ; I would rather go to jail than an- swer it ; I have always made it a rule to keep my profes- sional secrets ; I can fix it by dates on my books ; I can §* give names of witnesses now who saw him on that day, and were witnesses to a transaction, if needs be, (if Mr. Pitney advises me). Q. Was the agreement to which you refer, an agree- ment of Patrick Eowe on the one side, and a man by the name of Eichardson the other party — I mean a man by the name of G. Eichardson, who lived at Boston, Massa- chusetts ? A. It was not. Q. Did you draw an agreement between Eichardson and Patrick Eowe ; and, if so, when did you draw it ? A. I did not. Q. Was the agreement to which you refer, an agree- ment for the sale of Patrick Eowe's property, 56 Elm street, New York ? A. To that I object as a witness ; I decline to answer, as counsel — (my personal privilege as a counsel) ; the agreement was made between the testator and Charles S. Smith, and not Eichardson at all, and was dated and made on the 28th of October, 1866 ; and why I am so positive about the 27th of October is, that I eon- TESTIMONY OF JOHN FLANAGAN. 29 summated the agreement on the evening of the 27th at a pretty late hour in the evening, after Mr. Smith's store was closed np ; it was drawn in the office of Martin & Smith, lawyers ; I will say that the deed for the property 33 was made to Richardson. Court adjourned until 9i o'clock, Thursday morning, December 5th, 1867. Thursday Morning, 91 o'clock. Court met pursuant to adjournment. Cross-examination of John Flanagan continued : Q. You say, in your last answer, that you consummated the agreement on the evening of the 27th, at a pretty late hour in the evening : where was that bargain con- summated, and who were present at the negotiation and consummation of that agreement ? A. To the last answer I wish to say : that the agree- ment was entirely finished, but not entirely drawn, at the office of Martin & Smith — certain alterations having been made to it at their office ; but the proposed agreement was drawn in mine. To the last question I answer : that * the agreement was consummated by me at the store of Charles S. Smith ; or, where he told me he had an in- terest or had business in Worth street, New York, and after Mr. Smith's store was closed up, he and I, and another gentleman whose name I don't recollect now, a stranger to me, both went to the store of Mr. Rowe, and there the agreement was finally consummated, and all terms agreed to with Mr. Rowe and Mr. Smith. Q. Who all were at Mr. Rowe's store when that agree- ment was consummated. A. Mr. Rowe, Mr. Smith, the gentleman I referred to in the last answer, myself, and Mr. Diery, his clerk. Q. Was William E. Duffy there on that occasion. A. He was not ; he was not in the city at all, nor had not been for fully two months before that. Q. You are positive about that, I suppose ? A. Absolutely so ; and if you wish my reasons, I will give them. Q. Just give them. A. Mr. Rowe had not heard from him for about two months at that time, and complained bitterly — I might say sorrowfully — to me, for not hearing from him for 34 so long, and asked me to write to him, in his name, to know if he was sick or well ; at that time Mr. Dufty was removing from Rhode Island into Connecticut ; that explains why he did not write in so long a time. Q. Within a mbfith prior to that time,' was not Duffy at Patrick Rowe's farm, near Morristown ? A. If you mean the Rev. Mr, Duffy, I say, no. 30 TESTIMONY OF JOHN FLANAGAN. Q. Did you negotiate the sale of that property with Smith ? A. Partly. Q. Who negotiated the other part ? A. Mr. Eowe and the gentleman I have referred to already, whose name I don't recollect, (he was a broker), and I never saw him until that day, 27th October, to my knowledge. Q. Was he acting in behalf of Rowe .? A. I can't say that he was acting entirely on behalf of Mr. Rowe, because brokers sometimes act for both par- ties, and I, not knowing this gentleman before that time, •-■'■■ I could not say that he entirely acted for Mr., Rowe. Q. Did you understand at the time that that man was acting to any extent as the agent of Mr. Rowe ? A. I did, because Mr. Rowe told me he employed him. Q. How long before that had Mr. Rowe employed him ? (Objected to, because it don't appear that Mr. Rowe had employed him, or that the witness knows.) A. I don't know. Q. How long prior to that time had you been endeav- oring to negotiate a sale bf that property. \ (Objected to, because it don't appear that wit- ness had been negotiating the sale of that prop- erty ; objection sustained.) Q. Had you had anything to do with the negotiating the sale of that Elm-street property prior to October 27th, 1866 ; and, if so, how long had you anything to do with the negotiation ? A. I had not, and what I did" on that day was done as Mr. Rowe's counsel, and nothing else; I am not^a broker, and was not then ; he came to my office to draw the agreement, and that was the first I he^rd of it ; I 3 5 had not been to Messrs. Martin & Smith's office on that day, as you state to the Court. Q. Had you not heard from Patrick Rowe before the 27th of October that he desired to sell that property, and was making efforts to sell it ? A. I have no knowledge on the subject. Q. Did you not advertise it for sale yourself, and have copies of the advertisements posted up in your office prior to that time ? A. No ; I have already answered I am not a broker. Q. Wasn't there an advertisement posted in your of- fice, prior to the 27th of "M-flrnTiiior, advertising that property for sale ? A. Never to my knowledge ; if there was, it was with- TEStlMONt 01' JOHN FLANAGAN. 31 out my knowledge, permission, or consent — that is pos- tive. Q. Whereabout was the office of the broker you have referred to ? A. In Broadway, but the number I don't recollect ; I know it was oc the west side of Broadway, between Courtlandt and Fulton streets. Q. Oh what day did Patrick Kowe sign and deliver that agreement ? A. 28th October, 1866. » Q. At what hour of the day, and at what place ? A. At (about as near as I can recollect now) one, or per- haps two o'clock; wont be particular; 'twas signed at the office of some attorney, Gre3nwlch street, Kew York, who was acting as attorney for the seller of an adjoining piece of property, but was finally delivered (if my mem- ory serves me right) at the office of Martin & Smith; Mr. Hall, one of the counsel, in Martin & Smith's office, act- ing on behalf of Mr. Smith ; I mean two o'clock in the afternoon; Q. Have you possession or control of that agreement at this time ? A. I have not ; I presume I can get it ; my papers are the papers of my late partner ; it must be in my office, or the office of my late partner, I presume. Q. How long after that was the deed made to Rich- ardson ? A. About six weeks. Q. Was there any money paid at the time that contract was delivered ; and, if so, how much, and to who ? A. Yes, sir ; of course there must have been ; the amount of money I don't recollect ; I don't recollect 36 how much was paid at the time of signing the contract ; the money was paid to Mr. Rowe. Q. My question refers to the time of signing the con- tract .'' A. My answer is accordingly. Q. What is your best reccollection as to the amount of money paid, then ? A. In the neighborhood of thirty thousand dollars was paid on the daj the deed, was delivered. Q. Tihea you mean that thirty thousand dollars was paid when the deed was delivered ? A. That was my answer, and was so stated. Q. The olher part of the price was paid at the time the contract was signed and delivered, was it not ?■ A. Yes, sir. Q. How much wa^ the whole price that Rowe got for it .? ' ; A. Thirty-eight thousand five hundred dollars, I think, is the exact amount. 32 Testimony of john FtANAGAU. Q. Then there was something like eight thousand dol- lars paid at the time of making the contract ? (Objected to, because the witness' knowledge of the amount is entirely exhausted, and as it is a mere sum in arithmetic that the Court can do as * well as the witness ; objection sustained.) Q. In what way was the money that was paid at the time of signing the contract, paid ? by check, or other- wise ? A. The reason why I don't recollect the amounts is, that my partner took charge of that particular part of the business ; if the money was paid by check, of which I have no definite knowledge, it mus have been a certi- fied one; but I have no positive knowledge, for the reason aforesaid, whether it was money or check. Q. Where was it paid ? at what place ? A. Office of Martin & Smith. Q. Was it paid in your presence ? A. I was in the room, at the time, talking to the same broker I referred to, and, while thus talking on a question of commissions and making calculations, the money was paid. Q. Paid to Kowe, or the broker ? A. To Mr. Rowe, of course. Q. You can't tell whether it was paid in legal tender notes, bank-notes, or a check ? A. I have already answered that — that I have no knowledge on the subject ; I did not receive it?. Q. Mr. Rowe had no attorney or counsel to assist him rf' on that occasion but yourself, had he ? A. I have already stated that my partner took charge of the financial part of the business, and therefore you must know he had. Q. Was your partner present when that money was paid to Mr. Rowe by the purchaser of the property ? A. He was; but whether it was the purchaser paid it, or somebody for him, I don't know. Q. Did you or your partner take charge of it after it was paid to him ? A. I did not at that time, but he subsequently gave mempney to invest for him', which I did; whether he gave It to my partner or not, I do not know; he may have given it to him, or part of it, but I did not see him give any. ..nP^n^S ?°'^^ aft^r^ards give you that money that he fo4 y'rwaXr"" " '°^ ^''' '' ''■' ^^<^' « -' ^-^^ A. About two weeks afterwards he eave me a tiart of it to invest on bond and mortgage. ^ ^ TESTIMONy Of JOHN FLAifAQAN. 33 Q. Hpw muoh of it did he give you, and where did you invest it ? * A. He gave me ten thousand dollars to invest on bond and n^ortgage on property on Third avenue, New York, which he saw himself, and approved of as good security for thejoan; five thousand dollars on large quantity of property in Morrisi»nia,. which he also approved of and saw himself before he loaned; fifteen hundred dollars on two lots of land in Harlem, New York, somewhat improved, which he also saw and approved of as good security before he loaned ; and an additional two thousand dollars to the same owner of the property in Morrisania, on which he had already loaned five thousand.dollars, he knowing the man and knowing/that the property was worth over three times the amountloaned, the balance amounting to perhaps two or three thousand dollars; (can't recollect the exact amount, may not be as much); was retained for his inci- dgi^tal .expenses and investments that he might wish to make, at his own request. Q. Did. you receive any of the money that you have mentioned in your last answer before the deed for the IJlrofitreetproperty was delivered; and, if any, how much ? A. No, sir; not one dollar. Q. What did Patrick Rowe do with the money which he fficeivjed on. the day the contract was signed. ? 38 A. I don't know what he did with all of it ; he told me he paid debts with it. Q. How "much of it .'' A. I don't know. ,Q. Who to ? A. He did not tell me; I know of some of the parties he paid to, but I don't know all; one was Mr. Duffy, and the other was Philip Oarlin. ,Q. How much did he pay Mr. Duffy ? A. About twelve or thirteen thousand dollars. ,Q, Was that before the deed was delivered, or after- wardis ? A. Afterwards. (The Court having called the atten- tion of the witness to the question or to the word agree- ment, witness says he thought counsel asked him about thje money paid to Mr. Rowe after the delivery of the deed.) I entirely misunderstood the question as to the money paid at the time of the agreement ; I thought he meant altogether. Q. I then repeat the question, and ask for you to tell U8, 80 far as. you can or so far as you know, what Patrick Eowfi did, with- the money he got on the day that the agreement was signed ? A. I' have no knowledge. 4 34 TESTIMONY OF JOHN FLANAGAN. Q. Did he keep a bank-account in the City of Notv York ; and, if so, where ? A. I do not know ; I understand that he kept a sav- ings-bank account, but where, I had no knowledge. Q. Did you ever see any of Patrick Eowe's papers at any time and any deposit-book with any savings-bank ? A. I never knew, of my own knowledge, that he kept a savings-bank account, and I never saw any book of his with any savings-bank, or among his papers ; I heard he- had one ; never heard where. ' Q. Who did you hear it from ? A. From himself ; did not learn fiom what bank ; he did not tell me in what bank ; I met him one morning while going to court in a great hurry to try a case (he coming from breakfast at the time, as he told me), and he commenced to tell me a story about going to the sav- ings-bank that day, but I did not have time to wait and hear his story out ; if I had I would have been late for my case ; he never told me after that what savings-bank he had reference to ; I don't recollect that I ever asked him. 39 Q. Did you keep a bank-account at that time ; and, if so, in what bank ? A. Yes, sir ; I've kept a bank-account for many years ; I now keep it in the Nassau Bank, New York, and did then. Q. Was there an account kept there by the firm of Gillen & Flanagan at that time ? A. No, sir. Q. Did Mr. Gillen, your partner, keep a separate bank- account at that iime ; and, if so, where ? ■ A. He did ; in that same bank ? Q. Was not that money which was passed to Patrick Rowe on the day the agreement for the sale of the Elm- street property was signed, deposited to your credit in the Nassau Bank, or some other bank in the Oioy of New York ? A. No, sir ; not one dollar of it. Q. What time of the day on the 27th of October did you first see Patrick Rowe, as nearly as you can tell ? A. He called at my office during my absence, as I was informed, that day, somewhere about twelve o'clock ; I was engaged at 51 Pine street, a.t the store of E. L. Carr, closing the sale of the store and lease ; I did not get •■•' back to my office until pretty late in the afternoon, some- where about three o'clock ; in the meantime Mr. Rowe went from my office to his store, and returned about four o'clock to see me ; that is as nearly as I can recollect as to the time that he spoke to me personally about the sale. Q. Did you learn from him on that occasion, or in any TESTIMONY OF JOHN FLANAGAN. 35 other way, that he had been kept at home for a consider^ able time by sickness ? A. No, sir ; he did not tell me that he had been kept (j at home through sickness, or any other cause, on that day ; but he told me the next day that he had been un^ ' well since I saw him before. Q. How long had that been ? L. As to the time, I don't particularly recollect ; he was in and out from Morristown to the city, and I am pretty positive it wasn't very long. Q. How long about, prior to that time, had you last seen him .? A. I don't think it could have exceeded one month, Q. Did he tell you what had ailed him .? A. No, sir. Q. Did you learn from him, or in any other way, at 40 that time or any other time, that he had had the delirium tremens ? A. I never heard from him in my life that he ever did have ; a long time afterwards, a man, named Halpine, told me that he did have the delirium tremens some time ; but what or when it was I did not inquire, but supposed it was last June, or last summer sometime ; May or June. Q. Did he seem to be in good health on the 27th or 28th of October ? A. He certainly did. Q. Did he not tell you at that time that his physician out here had told him that he was liable to die at any day ? A. No, sir. Q. Did he not tell you that his physician had advised him that he had disease of the heart, which was liable to terminate his life suddenly ? A. Not at that time ; he told me before that, that his physician told him, after examining him, that he was liable to go off at any time^the same as his brother ; that was one of the times he spoke to me about drawing his will. * Q. How long before the 27th of Octob.r that he told you that bis physician had told that which you have just stated ? A. I am pretty sure it was the latter part of August. Q. Did you understand from him what physician it was that had told him so ? A. No, sir ; I didn't know his physician at that time. Q. Did you understand it was the physician that at- tended him in the country ? Q. I understood it was a country physician ; but he didn't tell me whether it was or wag, not, ^or what his name was. 36 -IfESTlHoNy OF JOBN FLAlNXCfAN. Q. Yoti Spoke about his psyifig a debt to; a man by- the name of Carlin : what was the amount of tha't mdebted^ ness, and whose indebtedness was it ? — his or Edward Eowe's ? A. About three thousand dollars, a's near as I can rec- ollect ; it was Edward Eowe's, from all that I could leam. Q. What had Carlin to show for it ? A. I think he had a promiss'ory note of Ed#ard Eowe's ; but yet I won't say positively that he had ; bii't 41 everybody around Edward Eowe's stoYfe knew that money was owing to Carlin ; and Mr. Patrick EoWe told me that he knew it was due, because he told him in MorristOTTti the very day, he says, he died, to whom Edward Eowe owed money, and the amounts ; I will say, at the same time, that those who heard what Mr. Edward -Eowe'had written and said about his debts, on the day of his death, looked at it as being very mysterious, and did not ques- tion their existence. Q. Who made the payment with Carlin, and settled with him ? A. Mr. Eowe. Q. Were you present when it was done ? A. I was. Q. Who else was present ? _A. Mr. Carlin, Mr. Gillen, myself, Mr. Rowe, and I think Mr. Duify, if not at the time, that day. Q. Did you ever see the note given by Edward Rowe to Carlin ? (Objected to.) A. I do not know as there was a note ; if there was, I must have seen it; I would not let him pay his money if there was a note, without seeing it. Q. You say that you were acting as the attorney of "••''Patrick Eowe — that he paid to Carlin about three thousand dollars for the indebtedness that Edward Rowe owed to Carlin ; what I want you tell us, is this : What evidence of that indebtedness, if any, Patrick Eo-we got up from Carlin when the payment was made ? (Objected to as having been already fully an- swered by witness, and the questions being put to the witness in an offensive shape, and being a mere repetition.) A. The evidence of indebtedness which he got at the time I don't fully recollect ; I know that enough was produced to satisfy my mind most conclusively at the the time that that debt was due, and I took the affida- vit of Mr. Carlin at the time that that debt was jufetly due, and that there were no offsets against the sa^e, aiM no payments made oh account of it ; but repeat a^ain whether that evidence was a promissory note' or t^ntini^ TESTIMONY OF JOHN FLANAGAN. 37 of Mr, Edward Kowe, or in a book or paper, or other- Vrise, T can't recollect. Q. Where is that affidavit of which you spenk ? — ^have you it, or can you produce it ? A. I have not seen it since that day, but think it is in 42 either my office or my partner's ; it may have been de- livered to the attorneys for the purchase of the Elm- street property, because they were anxious that all claims against Edward Kowe's estate should be paid at once, and they have evidence of that fact, lest they, at any time afterwards, might be called upon or troubled in relation to them. Q. Was not that money you have spoken of as having been paid to Carlin taken by William E. Duffy, he telling Mr. Kowe, at the time, that he wanted that money to settle with Carlin ? A. No, sir. Q. Did not William E. Duffy get the whole, or a con- siderable part, of that money ? A. He never got one fraction of it to my knowledge ; 1 believe as firmly as I do in my own existence that that money was actually due from Edward Kowe to Carlin at that time, but what he may have done with the money afterwards I have never heard, and never in- quired. . Q. Do you say there was twelve or thirteen thousand * •dollars paid to William E. Duffy for a debt ; was that debt against Patrick Kowe or Edward Kowe ? A. The debt, on its face, was against Edward Kowe, because it was for notes. Q. When was it paid, and where was it paid ? A. The same day that Carlin was paid, and the same day the money was paid for the Elm-street property, because, as I said before, the purchaser wished the debts paid off ; it was paid at my office. Q. Did Duffy at that time surrender to Patrick RoSve evidence or evidences of that indebtedness ; and, if so, what were they, and where are they now ? A. He did ; he surrendered promissory notes, made and signed by Edward Kowe in his lifetime, which, with interest added for the proper period ; (that is, from the day they became due), amounted just to a cent, what he then received ; where they are now, I don't know ; he was (William E. Duffy) the payee named in those notes, and I know that the body and signature of and to those notes was all in the handwriting of Edward Kowe. Q. What was done with those notes oa the day they were paid, after they were paid by Patrick Kowe ? 43 A. I told Mr. Kowe to take the notes and cancel them, -or destroy them, as he thought proper, so as that payment 38 TESTIMONY OF JOHN FLANAGAN. could never be demanded for them again ; I have not seen them since ; what he did with them I don't know. Q. Did he take them away from your office on that occasion ? A. I presume he did ; I have not seen them since. Q. How many of those notes were there .? A. I think there were only two. Q. Did ■ not those two notes amount to less than six thousand dollars. A. The notes produced, whether two or more, amounted to nearer twelve thousand than six thousand ; all were surrendered. Q. On .the day of Edward Eowe's funeral, and after the funeral was over, at Edward Eowe's store, did not William E. Duffy, in a conversation which he had, then and there, with Edward Eowe's relations, produce two promisory notes, which he said constituted the in- debtedness which he claimed of Edward Eowe .^ A. I have no knowledge whatever on the subject ; I didn't see them produced, and don't recollect hearing one * word in Edward Eowe's house about those notes that day ; I was not at all intimate with Mr, Duffy then ; I was a great deal more so with the family of the con- testants. Q. How was it that those notes, being notes of Ed- ward Eowe's, and having been paid by his administra- tor, were not preserved as vouchers to be used in his ac- counts .'' A. Because he was sole heir-at-law of Edward Eowe ; knew that the debts amounted to a certain sum (or supposed so), and that it would be a usek-ss expense for him to account, as he was advised by some source. Q. Did you so advise him .? A. I did not ; I thought the same way, however. Q. You say that Patrick Eowe left money with you for investment ; was that done at the same time that this debt of Duffy's was paid ? A. No, sir. Q. How long before or how long after .? A. 'Twas some time after ; perhaps a week, more or less, as he wished the interest to run from the 1st of 44 January. Q. How much did he leave with you for that purpose ? A. About twenty thousand dollars. Q. Was it all left at one time .? A. It was. Q. Was it given to you in check or currency ? A. Check. Q. Whose check, and on what bank .? A Check of Mr. QiUen, indorsed by Mr. Eowe, on the Nassau Bank, " TESTIMONY OF Jo&N FLANAGAN. 3& Q. To whom did you loan the ten thousand dollars on the property in Third avenue, and what kind of se- curity did he give, and if a mortgage, state the names of the mortgagers and the name of the mortgagee ? A. The Third Avenue property was then owned hy David Hennesey, and he was the mortgager — Mr. Eowe the mortgagee ; the house was a new biick house, then worth fully twenty thousand dollars, with a policy of insurance and a bond accompanying the same. Q. Was the mortgage recorded in the Kegister's Office in the City of New York ? A. It was. Q. Has that mortgage since been paid ; and, if so, when and by whom ? A. It has not. Q. Where is that mortgage and the other securities ■•' connected with it ? A. In New York in the possession of Jacob A. Grosp. Q. Was it ever assigned by anybody ; and, if so, when and by whom ? A. It never was assigned to any person, but still re- mains in the name of Patrick Eowe, (not to my knowl- edge). Q. When and how did that pass into the custody or possession of Jacob A. Gross ? A. It passed into Mr. Gross' custody after Mr. Eowe had drawn his codicil and named me as his executor ; I employed Mr. Gross, as I do in all cases when I am guardian ad litem, &c., for my counsel. Q. Did you attend personally to having that mortgage recorded ? A. I don't know whether I sent it by one of my clerks or took it in person. Q. You feel quite sure it was recorded ? A. I do feel quite sure ; I never looked at the records to see that it was, but am as sure that that was recorded as all the otjiers that I do record are recorded. Q. If the mortgage were produced, and has been re- corded, it would bear the Eegister's certificate, would it not ? 46 A. It would. Q. Who was the borrower of the five thousand dollars that you say you loaned on property in Morrisania ; and if that borrower gave a mortgage, state his name and the name of the mortgagee ? A. Eobert McCafferty to Patrick Eowe : mortgage ^ for that amount, accompanied by bond, about three /' acres of most valuable property. Q. Was that mortgage recorded ; and, if so, where.'' A. That mortgage was recorded in White Plains 40! TBjSTIMON'Y OP JOHN FLAJJAGAJif, Westchester County, the county where the propertyi is situated. Q. Has that mortgage been paid or assigned ; if so, where ; and, if neither, where is it now ? A. No, sir ; it is in the same place as the other. Q. Who was the borrower of the one thousand five hundred dollars loan you spoke of ; and, if he gave a niortgage, state the name of the borrower, and the mortgagee .^ A. August Pasewack — he is the mortgager ; Mr. Rowe, mortgagee ; mortgage unassigned, and unpaid, and recorded in New York. Court adjourned until 21 o'clock, P. M. * 21 O'clock, P. M. Court met. pursuant to adjournment. John Flanagan, cross-examination continued : Q. Please state where the premises contained in that mortgage are situated ? A. Two lots of land on 117th street, New York. Q. Please describe the security taken for the two- thousand-dollar loan mentioned ? A. The bond and mortgage of Eobert McOafferty for that amount on the same identical premises. Q. Made to whom ? A. Patrick Rowe ; that is not recorded, I will explain the reason if allowed : Mr. McCafferty knew Mr. Eowe, and had made arrangements for building a very grand mansion on this property, which Mr. Eowe knew of.; in that case it would be necessary to satisfy these two mortgages if recorded, and jprocure other loans on such plots of the property as he would wish to procure it on ; Mr. McCafferty then, late in the season, had a disagree- ment with his builder about the plans of the house, and the result was, that the house was not built, although it was expected from time to time that it would be ; and 46 Mr. McCafferty being a man of considerable means — which Mr. Eowe knew well — he told me there was no use in recording the mortgage until the question pf the house was settled — his bond being satisfactory to hiin. Q. Who owns that bond and mortgage now ;' and where are they ? A. The estate of Patrick Eowe ; they are in possess- ion of the same person as the other mortgages. Q. The three thousand dollars, or thereabouts, as having been left without investment : has that been paid out by you ; and, if so, at what time or times ; and, if so, upon what order ? A. That amount was not left with me for investmetjt ; none Was to be invested but what Pvie already stated ; Missing Page 42 TESl'IMONY OF JoSN FLAl^tAGAl?'. Bank, and there requested me to deposit the amount, to my credit, in bank, because he wished my bill to be paid, and expenses which he himself had to pay out of the balance. Q. Was it deposited to your credit ? A_ Yes, sir. Q.' Did you afterwards pay any of that money to * Patrick Eowe ; and, if so, where, and what amount ? A. I paid several sums for him, and under his direc- tions, to a Lawrence Eock, for building a sewer — amount one thousand seven hundred dollars ; I paid to himself^ on one occasion, in May, five hundred HoUttTSTp^r paid iirEsreS^t (in his presence or at" ffis"reqiiest), on a mortgage made by his brother on his property in New York, amounting, I think, to about one hundred dollars ; (the amount of the mortgage was in the neighborhood of two thousand five hundred dollars — not sure of that) ; I paid insurances ; and I paid himself, on another occa- sion (the first time I visited Morristown), seven hundred dollars ; I also paid out sundry sums for such articles and things as he would tell me he wanted ; the bal- ance, which he looked upon as about three thousand dollars, he, on about the 3d of May, gave to me for my- self — in part as a birthday present— in lieu of that sum which was due for my services, and in lieu of the sum I refused to take under his will, which he considered I was entitled to ; out of that sum I have since paid divers sums of money at his request — in coming out to see him, in paying bills for him, and in paying expenses in New York, caused by my absence from my business and 48 from it. Q. When he gave you that six thousand and odd dol- lars to deposit in your name, did you give him any note or receipt, or other evidence, that you had received it from him .? A. I never received any money from him but what I gave him a slip of paper containing the amount which he gave, remarking to him that for fear anything should happen to me, I wished him to have that to show, so that he might lose nothing ; he marked on that slip of paper, at the time that I paid him a large sum, what the amount was, or rather he got me to mark it for him ; small sums, he did not, as I did not think it necessary. Q. Did you put anything on the paper on the occasion referred to, except the figures indicating the amount you had received ? A. I did. _ Q. Just tell us whether you gave him a receipt, or any kind of a contract, undertaking to account for the money ? TESTIMONY OF JOHN FLANAGAN. 43 A. I did not; I simply said: due to Mr. Patrick Rowe, so much money, and the same being received for deposit, or * investment, as the case might be ; this particular money I simply said : received so much of Patrick Rowe for deposit. Q. Did you sign your name to it ? A. I signed my initials. Q. When, and where, did you last see that paper ; and in whose possession was it when you last saw it ? A. It was in the month of July, I think, after I had paid him the last of the money that I considered I owed him ; it was in his possession ; he was a little under the weather, from a lameness or hurt in his foot — and I asked him, on paying this money, for the receipt which I had given him ; he took it out of his pocket-book, handed it to me, and I destroyed it right in his presence, consid- ering it of no value at all. Q. When, and where, did you pay him the five hund- red dollars, which you spoke of as having paid him out 49 of his money ? A. At my office, on or about the 3d day of May. Q. I suppose you have no receipt for that ? A. No, sir ; I don't think I have ; I didn't consider it necessary ; I received very often ten or twelve thou- sand dollars from other parties without giving any receipt for it. Q. Did you learn from Mr. Rowe what use he in- tended to make of that five hundred dollars ? A. I did not ; he said, at the time I gave it to him, that as he had just removed out to the farm, it would ( not be so handy for him to see me as it was in New York, and that he would need a good deal of money for hands on the farm. Q. Who was present when you paid him the seven hundred dollars in July ? A. No person but himself and myself ? Q. Did you not tell him at the time you gave him that seven hundred dollars, that it was money you had re- ceived for interest on his own investment, and for money you had received for rents on his real estate ? A. No, sir. Q. At What time did you pay the money to Rock that you spoke of ? A. On various days in the summer ; the exact days I don't "recollect. Q. Was it before you paid this seven hundred dollars ? A. Not quite so certain as to that ; took his receipt, because he was a stranger. Q. The stock in his store, 56 Elm street, was sold at auction somewhere about May Ist^ was it not ? -44 TESTIMONY OF JOHN FliANA&AN. A. I heard it was. Q. Did you learn from Patricli Eowe or William E. Duify what that sale amounted to ? A. I did not ; I know Mr. Duify was not there either. Q. Did ihe proceeds of that sale of stock, or any part of it, come to your hands ? A. No, sir. Q. Did not Mr. Eowe tell you about how much the 50 stock had produced at the sale of it ? A. No, sir ; the reason I can explain, if you wish : on the 29th of April an attempt was made to assassin- ate me by a man against whom I had an attachment tor fourteen hundred dollars ; I was beaten so that I was for four days without being able to eat anything, and un- able to attend any public place, owing to the bruises and wounds that I had received ; Mr. Rowe, in the mean- time, moved out to Jersey.; I dissolved partniTship on the ist May, and was compelled, sick as I was, to attend to some titles in my office which were being closed about the 1st May ; on one of these days, Mr. Rowe came into my office from Jersey ; then it was that I paid him the five hundred dollars, and that he gave me the three thousand dollars for the purpose I have stated — neither he nor I knowing, at that time, that I should survive ; that is why I did not ask him what the sale brought, and wliy I do not know myself Q. At that time, when you and Mr. Rowe thought the coninuance of your life so doubtful, did he suggest that it would be better that you should hand him over the balance of that insurance money — (the balance of the six thousand and odd dollars) ? A. He did not, because as one humane man or friend would have for another he had, as I had, more sym- pathy for my condition, than a desire for the money. Q. Did you ever learn from Patrick Rowe, or any one else, what became of the proceeds of the sale of the stock in the store ? A. I never did from Mr. Rowe, but I learned that the whole stock that was sold did not bring two hundred dollars — I mean the fixtures, they were about thirty years old ; the liquors was not sold, I think ; I never heard that they were. Q. What did becomt! of the liquors in the establish- ment ? A. I don't know what became of them of my own knowledge ; but Mr. Rowe told me he took out some liquors to the farm, and that is where I saw them last. Q. Were any of these liquors sent from the ■ store in New York out to Mr. Duffy's place ? A. I don't know ; never heard it from any source. TESTIMONY OF JOHN FLANAGAN. 45 Q. When he gave you that three thousand dollars in the early part of May, did he not represent that as money realized from the sale of the stock and fixtures in the store ? A. He did not ; he gave me no money on that day 51 personally, by his hands ; the money he gave me was already on deposit — part of the insurance money. Q. Did you learn from Mr. Kowe who the auctioneer was that had sold out the stock and fixtures 56 Elm street ? A. I did not ; never heard his name. Q. On the day that he gave you that three thousand dollars, was W. E. Duffy in the City of New York ? A. He was not. Q. Did you see him on that day, or near that day ? A. I did not. Q. How do you know he was not in the City of New York ? A. Because I saw him leave the city in April, after bidding a good-by to Mr. Rowe — Mr. Rowe having sent for him to stop one night, at least, in the old house they both stopped so long in. Q. What time in April was that ? A. It was the last week, I am pretty sure. Q. Can you give the day of the month ? A. I cannot ; if I saw my diary, I could. Q. Did you see Mr. Rowe and Duffy together on that occasion ; and, if so, where ? A. They were not together ; he (Mr. Duffy) was in a * carriage at the time, and I was riding through one of the streets in a rail-road car to my office, in a different direc- tion ; I simply bowed to him and said good-by, or some- thing like it. Q. You spoke about having been in company with Patrick Rowe in the City of New York on the 27th and 28th of October, 1866 : did you soon after that go with him to Bridgeport ; and, if so, how long afterwards was it.? A. I did, sometime before Christmas ; the exact time I don't recollect ; I broughtjiim^ there with his great re- luctance . Q. Was that before or after this will was made ? A. It was after. Q. About how long after ? A. Can't tell the exact time ; about Christmas. Q. What did you take him up to Bridgeport for when he was reluctant to go ? , A. We .^ad made arrangements to go and see Mr. \ Duffy to Connecticut, and I having an engagement for j Monday following, I could not go to Thompsonville and 46 TESTIMONY OF JOHN FLANAGAN. gut back in time lor my business, so we stopped at Bridgeport, instead of going to Thompsonville. Q. Were you ever with him at Bridgeport on more than one visit ? 52 A. No sir ; if I was, it is something new to me ; I passed through it with him, but never stopped there but once. Q. Did you see Mrs.' Ellen Leverty, wife of John Lcverty, on that occasion, and have any conversation with her ? A. I did. Q. Did you have any conversation with her about Pat- rick Rowe's property, and what disposition Patrick had made of it ? A. I may have talked after him of his having sold out his property in Elm street. Q. Is that all you said to her on that subject ? A. Told her the price, and talked, generally, upon va- rious topics. Q. Did you tell her anything like this — that you had searched the records and looked into Edward's estate, and found that Patrick had about ninety thousand dol- lars, and that he had not forgotten her, and had done well by her ? A. I may have said that the property left by Edward Rowe was worth ninety thousand dollars, because I sup- posed, from what I was told, that this farm out here was worth forty-five thousand dollars — never having seen it at the time — but I have no knowledge whatever of ever t(41ing her that he had taken good care of her, because I ■■■'■ said nothing whatever about his will. Q. Did you not use language to Mrs. Leverty on that occasion which was intended and calculated to impress her with the idea that Patrick Rowe had made a will, and in that will had made gifts to her, or a gift .? A. No, sir ; I have not the most remote recollection on _the subject. Q. Did you put up at any hotel at Bridgeport; and, if 7 so, what one ? A. We got into Bridgeport on Saturday night, and put up at the Sterling Hotel, or House, as it is called ; staid there one night. Q. Did you register your name and Patrick Rowe's name there on that occasion .? A. I presume so. Q How long did you and he remain in Bridgeport .? A. I think until Sunday evening — one day and night. Q. Did Patrick go to see any of his relations there; and, if so, which of them ? A. He went to see Mrs. Leverty with me. TESTIMONY OF JOHN FLANAGAN. 47 Q. Did lie go to see any of the others ; if so, which of / them ? ^ A. I think the others went to see him ; I know he went to see some of her children, if my memory serves me right. Q. Where did he dine and take supper that Sunday "? 53 A. He dined at Mrs. Leverty's ; where he took sup- per, I don't recollect ; it may have been there — am not positive ; I know he breakfasted at the hotel. Q. You are certain, I suppose, that you had pre- pared a will, and seen him execute it, before you and hei made that visit to Bridgeport .? A. I am. Q. Where did you go "to when you left Bridgeport — you and Patrick ? A. We came back to New York. Q. Did you go up to Thompsonville to see Mr. Duffy — you and Patrick ; and, if so, how long after you had made this visit to Bridgeport ? A. We went to Thompsonville at Christmas, I have already said ; I can't tell the exact time I was at Bridge- port, and don't know how long it was between times. Q. Did not you and Patrick Rowe, when you set out for Bridgeport, at the same time, set out to go from Bridgeport to Thompsonville ; and, if so, why did you not go Irom Bridgeport to Thompsonville ? A. No,, sir. Q. Did not Patrick Rowe, in the afternoon and even- ing that he left Bridgeport, tell his friends that he was on his way, and was going, directly to Thompsonville ? A. If he said so, I did not hear it ; and I am surprised at the question. * Q. While he was in Bridgeport, did not Mrs. Leverty's son, Michael Leverty, at Patrick's request, take him around to see his relations,- who lived in and around Bridgeport ? A. I did not hear him ask for that. Q. Did Michael Lsverty take him out riding ? A. I bflieve he did. Q. How long were you and Patrick up at Thompson- ville when you went there .? A. Just one entire day, and, I think, two nights. Q. Did you and he go up there on business, or for a social visit ? A. We went to spend the Christmas there, and spend a social visit — neither of us ever having been to his new home before. Q. Were you at Thompsonville on more than onj oc- casion with Patrick Rowe ? A. I was, at Easter only, 1867. 48 TESTIMONY 01" JOHN FLANAGAN. Q. How long were you there on that occasion ? A. I believe, two days — but not more ; we went there to spend Easter Sunday. Q. Did Edward Eowe, at the time of his death, own any real estate in the State of New York ; and, if so, just specify where it was ? A. He did ; so far as I know from the record, and fi om what I've been told, it was in Elm street. No. 5&, and what was adjoining — I suppose it must have been 54 — and a little house in the lane — all embracing a plot or lot of land of forty by fifty feet, or thereabouts ; also three lots of land in 45th street, about fifty^four feet by V eighty feet, as near as I can judge. Q. Did he own any lots in Brooklyn ? A. I don't know. Q. Did Patrick Eowe, at any time after the death of Edward Eowe, own any real estate in the State of New York, except the lots above mentioned by you as having belonged to Edward at the time of his death ? A. He told me he thought he had some in Jamaica, Queen's County, but, upon inquiry, it was ascertained last August, for the first time and since his death, in toto, that no such property was there. Q. How did he suppose himself to be the owner of land in Jamaica ; or, in other words, how did he sup- *pose the title accrued to him^by descent from his brother, or otherwise ? A. By descent from his brother. Q. Did you, in August last, or before that time, make any investigation as to whether he owned any lands in Jamaica, or in the county in which Jamaica is situated ; and, if so, what iavestigation did you make ? A. I did not. Q. You say it was ascertained in August last that he had no lands there : how was it ascertained .'' A. I inquired of parties residing there if they knew of any man named Edward Eowe having property in that town ; they answered me, " No ; " I was in the town at the time ; I told Mr. Eowe what I had heard, and he said that there must be some there ; but since his death Mr. Dufiy has told me that he saw some voucher or evi- dence of payment for the sale of those lots ; that is why I believe that there are none there now. Q. Sale of the lands by whom ? A. By Edward Eowe. Q. Did you draw any deed of conveyance for Patrick Eowe to sign, by which he conveyed the three lots on 45th , street, New York, to Wm. E. Duffy ; and, if so, where did you draw that deed ; and, if so, where did Mr, Pat- rick Eowe execute it ? TESTIMONY OF JOHN FLANAGAN. 49 (Objected to, as irrelevant. All evidence in res- pect to any conveyances of real estate to Mr. Duffy by Mr. Rowe objected to, as irrelevant.) A. I did ; on the 23d day of July, 1867, Mr. Patrick ; Eowe was in my office preparing to attend the anniver- sary of his brother's death ; he said that he had been hurt, and suffered some pain by reason of it ; that his brother's death, and the funeral of a boy to wliich he was going in Brooklyn, both together preyed on his mind so much that he wished to draw deeds "of the property in Jersey and the property in New York to the Rev. Mr. Duffy, so that it might prevent useless litigation over his affairs after his death— these are just the words he used — as he said the Bridgeport folks may not be satisfied with my will ; he then, after the deeds were drawn, executed them in my office, and acknowledged them that same day in Brooklyn ; he delivered them to me; told me to put them carefully into the same drawer in my safe ia which his will was, and to take good care of them for him, and not let any person know anything about them — no more * than about his will. Q. Was William E. Duffy present when he gave you directions to draw those deeds ? A. No person whatever answering that name was present. Q. Did you see Duffy on that day ; if so, where did you see him — I mean William E. Duffy ? A. I did ; he arrived in town, I think, on tbe five o'clock train, or the train that came in the afternoon ; not until we returned from the funeral in Brooklyn. Q. What did he come to New York for on that occa- sion ? A. Celebrate divine service on Mr. Rowe's brotheir's anniversary. Q. Where did Mr. Duffy put up when he was in New York on that occasion ? A. I almost forget ; can't tell just now where ; think that was about the first time he had been in the city after Mr. Rowe had moved to the country ; believe it was the first time. Q. Where did Mr. Patxick Rowe put up on that occa- sion in New York ? A. Where Mr. Duffy did, I believe. 56 Q. On what day did Mr. Patrick Rowe arrive in the city on that occasion— on the 23d or 24th ? A. On the morning of the 23d, I think. Q. He and Mr. Duffy arrived in the city on the same day ? A. Yes, sir ; one very early in the morning, and the .7 50 TESTIMONY OF JOHN FLANAGAN. other late in the afternoon ; Mr. Kowe early in the morn- ing, and Mr. Duffy late in the afternoon. Q. Do you know whether Mr. Duffy came to New York on that occasion at Mr. Rowe's request, or whether Mr. Rowe went to New York at Mr. Duffy's request ? A. I don't know which ; I heard both say frequently before that time that they would always have an anni- versary — a requiem mass — for Edward Rowe, in his old ' church in Duane street, New York, as long as either one lived ; I think that both knew well of the anniversary. Q. They had a grand requiem mass, had they not, in honor of Edward .? - A. No, sir ; not in honor at all, but for the repose of his soul ; such are never had for honor's sake. Q. That was not held on the anniversary of Edward's ^ death, was it ; and, if not, why not .? ''* A. The ritual, is I understand it, does not permit a solemn requiem mass to be performed on every day, and so Catholics of any intelligence understand it ; there are certain days on which they can, and certain days on which they can't. ' Q. This mass which we have been referring to was held on the 24th of July, was it not ? A. It was. Q. Why was it not held on the 23d .? A. I have stated that alreiady ; for the reason that the 23d was one of those days, as I understand it. Q. For what reason or by what authority was the 23d of July last a day on which such a mass could not be held .? A. Because the ritual of the Church prevented it. Q. Will you tell us whereabouts in the ritual that in- terdiction can be found ? A. I can't tell you now. Q. Did the Rev. Wm. E. Duffy give the same reason for not holding the mass that you have given here ? A. He did. Q. Who did he give it to .? 57 A. To me, Q. When and where ? A. Gave it to me several times before the celebration of the mass at the City of New York. Q. How long before the mass was celebrated did he last mention that to you .? A. The week before he wrote to me about it, and the day before he told me of it. Q. Now wasn't it intended to have had the mass cele- brated on the 23d, and did not Duffy write to Patrick to be there on the 23d to celebrate the mass ; and was it not put off until the 24th, to get these deeds executed before celebrating the mass ? TESTIMONY OF JOHN FLANAGAN. 51 A. It was not, so far as I know ; no doubt Mr. Duffy- wrote to Mr. Kowe to be on hand the 23d, lest he should be late for the service on the morning of the 24th, but of that fact I have no knowledge ; I am positive that\not one word was ever said to Mr. Duffy about those deeds being drawn, or to be drawn, until they were delivered by Mr. Rowe to Mr. Duffy. Q. When and where did Mr. Kowe deliver these to Mr. Duffy ? A. In my office, on the 25th day of July ; I think that was the day. Court adjourned until 10 o'clock, Saturday morning, * December 7'th, 1867. Sattjeday Morning, 10 o'clock, A. M. Court met pursuant to adjournment. Present — Hancock, Cobb, Bird, Esquires, Judges. Cross-examination of John Flanagan, continued : Q. Have you any memorandum of the time when Patrick Eowe arrived in New York, immediately prior to the execution of these two deeds ? A. Yes ; the deeds themselves ; because they were drawn after his arrival. Q. You have no memorandum, I suppose ? A. No other written. Q. Did not William E. Duffy and Patrick Rowe lodge together in one room in a hotel in the City of New York, the night preceding the day on which these deeds were executed ? A. No, sir ; I have no knowledge whatever that they 58 did. Q. Where did Patrick Rowe lodge the night following the day on which these deeds were executed ? A. At the Eeunion Hotel, New York City, I think. Q. Where was the hotel located ? A. 42d street, near Fourth avenue. Q. Did you and William E. Duffy lodge there that night ? A. Yes ; that is where I lived. Q. Did Duffy and Patrick occupy the same room ? A. No. Q. Where did Patrick lodge the night before that ? A. I can't recollect. Q. You expressed a consideration in these deeds, did you not ? A. I did not ; Mr. Kowe did. Q. I perceive the consideration named in the deed for the farm near Morris town, is thirt-« # n thousand dollars : who, if any body, suggested the naming that amount of consideration ? 52 TESTIMONY OF JOHN FLANAGAN. (Objected by Mr. Pitney, to proving contents' of '■^ deed without producing it.) A. Mr. Kowe did|; I did not. Q. Was that consideration, or any other, paid or secured in any manner ; and, if any consideration was paid or secured in any manner, how was it done ? A. I don't know ; I had nothing to do with that. Q. You understood at the time the deed was drawn, that the consideration was to be paid, I suppose ? A. I can't say that I did. Q. What was your understanding in relation to the consideration being paid or secured ? A. I can't say what my understanding was ; I followed Mr. Kowe's, instructions. Q. What is the reason you can't say what your under- standing was ? A. Because Mr. Eowe told me to draw the deeds, and put in the consideration of fifteen thousand dollars for the farm, and ten thousand dollars for the New York property. Q. Did he say when or how he expected Mr. Dufiy to pay these considerations ? (Question and course of examination objected to by Mr. Pitney ; question overruled by Court ; 59 counsel for executors having admitted, for the J)urposes of this proceeding, that no consideration was paid, or is to be paid, for the said conveyan- 'ces, and alleging that the question and course of examination tend to draw from the witness pro- fessional secrets, counsel for executors now con- sents that the last question may be answered by witness.) A. He did not say how the considerations were to be paid, nor when it was to be paid ; but he said, when he came to me to draw the deeds, that he wished that con- sideration put in the deeds, and deliver them to Mr. Duffy, after being executed, so as to avoid litigation and expense to his estate after his death, because he thought or apprehended his Bridgeport friends might make some trouble over his will after his death ; he told me, at the same time, that those deeds were to be delivered to Mr. Duffy by him, but that they should remain in escrow, and not be recorded until about the time of his death ; he said, at the same time,, that he wished me to keep that secret, because he did not want to record the deeds for fear (to use his own language) folks would think he » had no home of his own. Q. Did he say whether he would expect or require Duffy to pay any consideration, or did he say he shouldn't pay any ? TESTIMONY OF LEWIS FISHER, M. D. 53 (Question objected to by Mr. Pitney, as tend- ing to tbe revelation of a professional secret, as being already proved sufficiently in the case, and as irrelevant.) The Court, being equally divided in opinion as to the competency of the question, held that the question be allowed and answered. Court adjourned until Saturday the 14th inst., at 10 o'clock, A. M. Monday, December 16, 1867. The Court adjourned until December 30, 1867, for the further hearing of the evidence in this matter. December 30. The Court adjourned the further hearing of this mat- ter until January 6, 1868. January 6, 1868. 60 Court adjourned the further hearing of the evidence in this matter, until Friday, January 17, 1868. January 17, 1868. Court adjourned the further hearing the evidence in this matter, until Saturday, January 18, 1868. January 18, 1868. Court met, pursuant to adjournment. Present — Daleymple, Cobb, and Bird. Lewis Fisher, a witness called upon the part of the executors : Q. Where do you live ? A. Morristown ; practice medicine ; been here four years; 29 years of age. Q. Were you acquainted with Patrick Eowe. who lived on the Bellevue Farm, in his lifetime ? A. I was. Q. Did you attend him in his last illness ? A. I did. Q. Did you witness a paper purporting to be a codicil to his will ? A. Yes. Q. (The will ani codicil shown witness.) He is asked: Is that the paper ? A. Yes. Q. Please to state the circumstances under which that paper was executed by him, and how you happened to be at his house on that occasion ? A. I was requested by Dr. Flagler to accompany him there to witness this codicil ; we reached there be- 54 TESTIMONY OF LEWIS FISHER, M. D. fore Mr. Flanagan did, and on his arrival left the room, leaving Mr. Flanagan, the priest, and Mr. Kowe together; Dr. Flagler and myself went out in the hack-porch, and were sitting there, when Mr. Flanagan crossed the hall into another room ; I saw nothing further, exce]it the priest passing backward and forward from one room into another (the rooms occupied by Mr. Flanagan and Mr. Eowe), until Mr. Flanagan and the priest returned to Mr. Kowe's room ; Mr. Flanagan then requested Dr. Flagler and myself to come in and witness this codicil ; Mr. Eowe declared this to he a codicil to his last will and testament ; and his signature was then witnessed by Dr. Flagler and myself; I think this is all the question calls 61 for. Q. Had you seen him before that day .? A. Yts, sir. Q. Did you see him the next day ? A. Yes, sir ; I saw him on the 19th, which was the next day. Q. How frequently had you seen him previous to that time ? Ai I had seen him at least once a day — part of the time twice a day, from the 2d until the 19th, except the 8th and llth, when I did not see him. Q. At the time of the execution of that codicil, was he, in your opinion, of sound and disposing mind and memory ? A. I was not there to examine into his mind, but from what I saw I should judge he was. Cross-examined : Q. Had you ever attended Patrick Eowe, profession- ally, before the 2d of September, 1867 ; and, if so, when and how often ? A. No, sir. Q. Had you any personal acquaintance with him prior «■ to 2d September, 1867 ? A. Nothing further than a speaking acquaintance with him, as 1 might meet him on the road or street. Q. When you visited him between the 2d and 19th September, 1867, who did you usually find at his house, as the persons about him, having charge of him or his affairs ? A. I met a woman there, I suppose in the capacity of housekeeper ; at diiferent times one or two young men whose names I did not know, and on different occasions staying several days at a time in succession ; sometimes one, two, three, or four ; don't remember the number ; I saw the priest, Eev. Father Duffy. Q. Were you there at any time between the 2d and 19th of September, when you did not see the Eev. Fa- ther Duffy there ? TfiSTIMONY OF LEWIS FISHER, M. D. 55 (Objected to as not a proper cross-examination ; Court overruled the question as not a proper cross- examination at the time, but if the ground of undue influence is taken by the caveators, the Court will hear the evidence hereafter.) Q. On the day this codicil was executed (or evening of that day), did you see any woman about Patrick Kowe's house, except the housskeeper ; if so, who was 62 it? A. I cannot say positively, but am under the impres- sion that I did. Q. Who was she, or who did you understand her to he? A. Who she was I do not know ? Q. Had you seen that same woman at the house ; and,^ if so, for how long a time had you seen her before that ? (Question objected to ; question overruled.) Q. What was Patrick Rowe's disease, and what was his condition when you first visited him professionally .'' A. Disease of the heart ; at the time I first visited him, he was sufi'ering very much from difiiculty of breathing. Q. When were you requested to attend as a witness to this codicil ; at what time in the day was the request made .'' A. In the afternoon, say between four and five o'clock. Q. At what time in the evening did you arrive at Mr. Eowe's house ? A. As well as I can remember, about nine o'clock. Q. How long did you wait for the arrival of Mr. Flan- agan, as near as you can tell ? . * A. I should say from one-quarter to one-half an hour. Q. In what part of the house did you remain while thus waiting ? A. In the front room, on the left of the hall, on entering the front door. Q. That was not the room in which Mr. Rowe lay, was it.? A. That was not the room occupied by his bed. _ Q. While you were thus waiting, was Mr. Rowe in his bed-room or in the room where you weresitting ? A. In the room in which we were sitting. Q. Did you have any conversation with him during that time ; if so, much or little ? A. A general conversation was kept up durmg the time we were there, prior to the arrival of Mr. Flanagan ; don't recollect' whether it was much _ or little ; do not know how much Mr. Rowe partook of it. 56 TESTIMONY 01' LEWIS FISHKE, M. D. Q. Can you say that Mr. Eowe participated in that conversation, except as a listener ? A. Yes, sir. Q. What did he converse about ? A. About his general condition, the way he felt, his 63 general health, and about the anticipated arrival of Mr. Flanagan, who had not yet come. Q. About his health ; did he say anything, except to answer such questions as were put to him by you or Dr. Flagler ? A. I think, after a question was put to him, he went on voluntarily to state how he had felt during the day. Q. Did you then think him likely to recover of his disease ? A. No, sir. Q. Was Mr. Duify, the priest, in the room while you were waiting there ? A. He was. Q. As soon as Mr. Flanagan arrived, did you and Dr. Flagler leave the room where you were sitting ? A. I should think we left within five minutes after his arrival. Q. Did Mr. Eowe remain in that room where you had been sitting, or did he go into his bed-room ; and if he went in his bed-room, what time did he go there, with reference to Mr. Flanagan's arrival ? A. He lemained in the room in which we were sit- ting. * Q. How long after you withdrew from the room did Mr. Flanagan and the priest remain in that room, before Mu Flanagan went into the room across the hall, as nearly as you can tell ? A. Can't answer it, sir. Q. Could you see what Mr. Flanagan was doing in the room in which he went — I mean the room on the opposite side of the hall from where Mr. Eowe was ? A. Passing through the hall, I saw him writing there. Q. About how long was he in that room, before you and Dr. Flagler were called in the room where Mr. Eowe Was? A. Don't know the length of time. — ^ Q. While Mr. Flanagan was in that room, when you saw him writing, did you see the priest pass between the tWo rooms several times ? A. I did. Q. When Mr. Flanagan went into the room where Mr. Eowe was, were you and Dr. Flagler immediately invited into the same room ? TESTIMONY OF LEWIS FISHER, M. D. 57 A. I. don't think five minutes could have elapsed be- fore we were requested to come in. 64 Q. When Mr. Flanagan went into the room where Mr. Rowe was, immediately before you and Dr. Flagler were called in, was the priest in the room with Mr. Eowe at the same time ? A. My impression is that he was. Q. From the time Mr. Flanagan entered the room where Mr. Rowe was, until you and Dr. Flagler were called in, was the door between that room and the hall left open, or was it shut .'' A. Don't know. Q. About what distance from that door were you and Dr. Flagler seated ? A. Sjated in the porch, at the rear of the hall, or house, about twenty-five feet ; they were in the front room. Q. Did you hear the paper that Patrick Rowe signed, read over to him ? A. No, sir. Q. Did you see him make the signature to the codicil (paper shown him, purporting to be codicil), or was it made before you came into the room ? A. I saw him make it. Q. Was his hand steadied or guided by any one when he wrote it ; if so, by whom ? * A. It was ; by Mr. Flanagan. Q. You say he declared that to be a codicil to his last will ; did he do anything more than say yes, or give other monosyllabic affirmative assent to a question which asked — if he acknowledged or declared that to be a codicil to his last will and testament ? A. I cannot say what expression he used ; all I can say is, it was affirmative. Q. Was the paper he signed on that occasion a separate piece of paper, or was it fastened together as the two are now ? A. My impression is that they were together as you present them ; can't say positively. Q. At what time did you leave there on that even- ing ? A. I think abcut half-after ten. Q. About what time on the 19 th were you there ? A. I was there in the morning, about ten o'clock. I should think ; again in the evening, perhaps in the middle of the day ; am not positive about that visit. Q. Was he in a critical condition on tlie 19th ? A. Not more so than he had been for soma days pre- vious. 8 58 TESTIMONY OF LEWIS FISHEK, M. D. 65 Q. Why did you make two, and perhaps three, pro- fesBional visits on the 19 th ? A. I was visiting him on that day for Dr. Flagler, who was absent from town, and made the visits at liis request. Q. Did you consider his condition was such as to require such frequent visits on that day ? A. Yes, sir. Q. Did you visit him professionally after the 19 th of September ; and, if not, why not ? A. Because the case was Dr. Flagler's, and because we did not think that anything further could be done to benefit Mr. Kowe's state, was the reason he was not visited by me afterwards. Q. Do you know whether any spirituous liquors were administered to, or taken by, him during the period you visited him professionally ? A. Yes, sir; he did take liquor. Q. You, of course, cannot tell what quantity was taken by him during that period ? (Objected to, as leading, and on a matter not cross-examination ; question sustained.) a- A. I did not administer it myself, therefore cannot. Q. Did you ever attend him when he had the delirium tremens; and, if so, when ? A. No, sir. Q. When you were there on the 19th of September, was Father Dufiy there ? A. Yes, sir. Direct-examination resumed : Q. The spirituous liquors which were administered to him ^hile you attended him were so administered by direction of his physician ? A. Yes ; these directions went through Dr. Flagler by advice of his physician. Q. You attended as consulting and advisory physician with Dr. Flagler, did you not ? A. Yes. Q. Did you advise the administering of more spirit- uous liquors than was necessary to the case ? A. No, sir. Q. On these occasions when you visited him before and after the 18 th, did .you have conversations with 66 him? A. Yes. Q. Did you see him during the day of the 18th of September ? A. I can't answer that. Q. Haye you charged for a visit on that day ? A. Yes ; but I can't tell whether it was for a visit that TESTIMONY OF LEWIS FISHER, M. D. 59 night or during the day without looking at my hooks ; I havn't them with me ; I have only a memorandum of dates from my books. Q. How long did your visits generally last ? A. On an average I should say twenty minutes. Q. During these visits did you observe any signs of present intoxication on Mr. Eowe ? A. No, sir. Q. Did you observe anything of that kind at the exe- cution of the codicil ? A. No, sir. Q. At the time of the execution of the codicil, how did the general condition of Mr. Rowe's mind and body compare with what it had been at previous visits ? * A. I had no charge for several days past. Q. I suppose his was a desperate case of disease of the heart, was it not "^ A. It was. Q. ' While you and Dr. Flagler were sitting on the porch, how did you pass the time ? A. In general conversation. Q. Did you, or either of you, so far as you know, at- tempt to play the eaves-dropper — listen to what was going on while you sat there f A. No, sir. Q. When you were sitting with Mr. Rowe, prior to the arrival of Mr. Flanagan, did Mr. Rowe understand on what errand you had come ; state what he sa,id on that subject, if anything ? (Objected to, as leading.) A. Nothing was said on that subject, nor do I know that he was aware why I was present. Q. Do you know from anything that he said, or was 67 said in his presence, whether he expected the arrival of Mr. Flanagan .? A. I think he did, as Dr. Flagler was informed that Mr. Flanagan had not yet arrived, in the presence of Mr. Rowe. . Cross-examination resumed by Mr. Vanatta : Q. While you were attending him, did he have to have assistance in getting in and out of the bed and in being moved from one place to another ? A. At times I have seen more or less support rendered him ; whether he could have accomplished movements without, I cannot say ; however, it was not a constant thing. Q. How was he in that respect on the evening of the 18th September, if you can tell ? ... A. I saw no assistance rendered him, except in signing his name, 60 TESTIMONY OF JOHN FLANAGAN. Q. Did you see him walk that evening ? A. No, sir. Q. Did you see him get in or out of bed that evenmg ? * A. No, sir. Q. Was there liquor kept in the room where he lay ; and, if so, in what .'' A. I have seen liquor taken or removed from a closet in his room. Q. Who administered that liquor which he took, if you know ? A. I do not know, but suppose whoever had charge of him at the time. Q. Who was the person that you saw in charge of him when you went there, usually ? A. Different persons at different times ; I don't think that I can say any one particularly ; at one time it would be the priest, at another his housekeeper ; sometimes I have seen those two young men of whom I spoke ; I don't know that he had any particular nurse. Q. By Mr. Pitney — About what was his size and weight ? A. I should think he was a man of about five feet eight; I should think he would weigh from one hundred and eighty to two hundred pounds ; weight was increased 68 from a dropsical effusion. Q. By Mr. Vanatta — Was his hair gray or black ? A. Don't recollect positively, but think it was an iron- gray ; not white. Q. By Mr. Pitney — Did you ever see any symptoms of insanity about him whatever ? A. No, sir. LEWIS FISHER, M. D. Sworn in Court, } Jan. 18, 1868. j gg January 18. Cross-examination of Mr. Flanagan continued after examination of Mr. Fisher: There were present : Judges Dalbimple, Cobb, and Bird. The last question being again put, was objected to by Mr. Pitney, and was overruled by the Court, on the ground of its being a privileged communication. Witness being shown the book purporting to be the register of the Sterling House : Q. Are the signatures of John Flanagan and P. Rowe on this book under date of Saturday, November 3d, 1866, in your handwriting ? A. They are. TESTIMONY OF JOHN FLANAGAN. 61 Q. You say that on the day you drew the will, which is offered here, Patrick Rowe came to your office : did he on that occasion have with him any memorandum or schedule or heads of what he wanted inserted in his * will? A. He did not. Q. Did you see, either before or after that, any such memorandum, schedule, or draft of the will ? A. I did not ; if I ever did, I have no recollection of ^- it now. Q. How long did Patrick Rowe remain in New York after he signed that will ? A. I don't recollect. Q. Was he there after the day the will was signed, or did you see him after that day until you saw him on the day that the money for the Elm-street property was paid, and Duffy was paid ? A. I did, frequently. Q. About how often ? A. At least five or six times. Q. Where.? A. At his store or at my office. Q. Did he have the delirium tremens during that period ? A. No; not to my knowledge; he .showed no sign 70 whatever, so far as I could judge, of d^Urium tremens or of liquor being on him. Q. Between the 16th of November and the 7th of De- cember, did you see him in New York every week ? A. I can't say. Q. Did you ever make, or did you ever see, more than one draft of this will, now offered here, or of any of the provisions contained in that will, or of the substance of . any of them ? A. I did not ; except the codicil. Q. Before you drew this paper writing, which is dated the 16th of November, and at the time you drew it, did you not have in your posession the draft or skele- ton of a will, containing substantially the same provis- ions that there are in that will ; and was not that j)aper in the handwriting of William E. Duffy ? A. I did not. Q. Did you ever see such a paper in the handwriting of William E. Duffy ? A. I have no recollection whati ver that I did, except, , as I said before, of the codicil. Q. I suppose that you are certain that this paper, pre- sented as the will, was signed on the day it bears date ? A. I am. 62 TESTIMONY OF JOHN FLANAGAN. Q. And you are also certain, I suppose, thai Patrick Rowe was in the City of New York on that day ? A. Quite so. Q. When you and Patrick Rows returned from Bridge- port, where did you leave him, when you arrived at New * York ? I A. I don't recollect exactly ; perhaps at his store ; we left the boat together. Q. How soon after his return frqm Bridgeport did he come out to Morristown ? A. I don't recollect. • Q. How frequently were you out to his place, here at Morristown, prior to his death ? A. Very frequently during his sickness. Q. Daily ? A. Almost daily ; I was about taking my vacation .' when he took sick ; 1 was just preparing to take the Long Branch boat for Long Branch, when his clerk called at my office and said Mr. Rowe wished me to go out to Morristown to see him ; after I got there, he re- quested me to come out every night during his illness. Q. For how long a time, prior to his death, did you consider him as not likely to recover ? A. I can't say ; I had hopes of his recovery myself; from the time I saw him in his sickness it was about a month until he died. Q. During that month, did you think thit there was danger tha,t he wouldn't recover ? A. Towards the close, I did. Q, During that month, did Richard Cunningham in- quire of you how Mr. Rowe's health was ? (Question objected to ; objection not sustained.) A. He did. Q. What did you tell him in answer to those inqui- 71 ries ? A. I don't recollect the exact language ; I think he asked me how Mr. Rowe was, and I said that he was middling ; something like that. Q. Did you not tell Mr. Cunningham that Mr. Rowe was very well ? A. I have no recollection that I did, or could^ at that time. Q. While Mr. Rowe was in that last sickness of his, down here at Mr. Rowe's place, did you tell Richard Halpine that if Mr. Rowe got well, that you would get Mr. Rowe to sell his farm, where you then were ? A. I may have ; but I have no recollection of it. Q. Was Richard Halpine at Patrick Rowe's house dur- ing his last illness ; and, if so, much or little of the time ? A. He was ; I think about the same length of time as TESTIMONY OF JOHN FLAIJAGAN. 63 myself ; he would stop during the day sometimes, and I would go down to my office to my business. Q. Dvlring Patrick Kowe's last illness, at his house, , one morning at the breakfast-table, just before you started to go to New York, did you tell Kichard Halpine to look out and take care that nobody got Patrick Kowe to 8tgn any paper while you were away, and that he must look out sharp for that, for that was the way heirs were done out of their property, or something like that ? A. I never spoke one word to him, or to anybody else, of the substance which you have mentioned, relative to the cheating heirs out of property ; but when he spoke- about changing his will, or making his codicil, I believe I did tell Halpine not to let any person have him sign any paper — I thinking that Mr. Eowe, on that day, in * his anxiety to have his codicil executed, might be im- posed upon. Q. Why did you think he might be imposid upon ; what foundation had you for that fear ? A, I have no foundation, except that I knew his secrets, and knew, from what he had told me, what disposition he would make of his property, or be likely to make. Q. During Patrick's last sickness, did you tell Richard Halpine that Patrick had done well by him, or that Patrick had made a rich man of him, or any other words importing that Patrick had made a liberal provision for him by his will ? A. I told Mr. Halpine that Mr. Eowe had done well by him. Q. How long before Patrick's death did you tell that to Richard .? A, I can't say ; I don't recollect. Q. Tell as nearly as you can. A. I don't recollect ; it might have been during the midst of his sickness, and it might have been towards the close. Q. Were you ever present in Patrick Rowe's room, on his farm, when Father Duffy asked you if you couldn't strike Michael Diery's name out of the will, so that he shouldn't take anything by the will ? > A. If I give you a technical answer to your question, = I say no ; he didn't use the word strike, at all ; but he '< asked me if he couldn't be cut oflf from his legacy, be- cause Mr. Rowe thought that he (Diery) had taken his gold watch away from his safe, and therefore he didn't wish to give him anything by his will, or words to that 72 effect ; and I then told him it would necessitate the draw- ing of a new will — a new document. Q. How long was that about, before Patrick Rowe died ? 64 TESTIMONY OF JOHN FLANAGAN. A. I can't give the exact time ; I p.aid very little at- tention to. it, except to advise Mr. Eowe to always exam- ine a charge ot that natui'e, before he would find the party guilty. Q. On that occasion, was it not Duffy who was accus- ing Diery of having taken the gold watch; and did not Patrick Eowe say that there was no proof against Diery, or words to that effect ? A. To the first part of the question, yes — he and Mr. Eowe ; to the latter part, no. Q. Who else beside Patrick Eowe, and you, and Duffy, were in the room at that time ? A. I don't recollect ; Halpine and Eddy Eowe may ^have been there. Q. From whom had Patiick Eowe got the watch that was referred to in that conversation ? A. From me. Q. You made him a present of it, did you not ; and, if so, when ? A. 1 did ; Christmas Eve, 1866. Q. Where.? A. I think it was in Connecticut ; it was on the train, I know. Q. That was when you and Patrick were on your way to or from visiting Father Duffy, was it not ? A. It was while on our way to visit him* ; I gave it "as •' a Christmas present, having two gold ones at the same time myself Q. Do you know who has had that watch since Patrick's death ? (Question overruled by the Court on its own motion.) Q. When you wrote the codicil which is here produced, was Patrick Eowe in the room in which you did the writing, while you were doing it ? A. He was not. ' Q. Who communicated between you and him while you were writing.? A. Mr. Duffy. Q. What was Mr. Duffy communicating to you.? A. Whether I should be named as an executor in the in the will or not ; or, in other words, who should be co- executor. Q. How often did he communicate with you on that point while you were writing the codicil ? A. It took me some length of time to write the codicil, and while I was writing it, he may have been in three or four times to see Mr. Eowe, upon matters that I knew nothing of— perhaps to see how he was— I havln-^ no business for him. TESTIMONY OF JOHN FLANAGAN. 65 Q. Did you render Patrick Kowe any assistance in the signing that codicil, in the way of guiding or holding his hand ? A. I wont be postive ; but I have got an impression that I did. Q. I see among the papers filed with the Surrogate, a copy ot a note for fifteen hundred dollars, purporting to have been made by James Dafiy : is he a brother of Wil- 72 liam E. Duffy ? A. Yes_. Q. He is your brother-in-law," is he not ? (Objected to by witness ; objection overruled.) A. He is. Q. Did you make the loan to Michael J. Dlery, repre- sented by the note dated Ssptember 9th, 1867 ? A. It can hardly be considered a loan ; Mr. Rowe agreed to advance him one thousand dollars to set him up in business, and I took the note from him, payable on demand, the money having bsen paid to Diery or for him, on buying out the store he is now in. Q. Do you kn)w whethsr Patrick Rowe was told at or before the time you began to do business for him, that you would charge him nothing for your services in attending to his business ? A. I do not ; if he ever was told suoh, it was without my consent ; lawyers are not very apt to pay high rents and large clerk hire in New York for nothing. Q. Did you keep your offise for the transaction of busi- ness on Sundays in 1866 ? A. No, sir ; I never allow such a thing. Q. Was any of the business which you transacted for Patrick Rowe, which you have mentioned in your cross-examination, transacted on Sunday ? A. Do you m^an drawing of the will, codicil, and deeds ? if you do, I say no. Q. Were any of the agreements which you have spoken of, drawn or executed on Sunday ? * A. No. Direct-examination, resumed : Q. On your cross-examination, a month or so ago, you were asked a variety of questions about the dates of cer- tain transactions : b3fore answering those quostioni, did you have an opportunity of conmlting the papers or other written memoranda fixing the dates, or did you answer from the recollection of the momont ? A. I did not examina the papors; I simoly testified from recollection of the moment. Q. Since that timo, have you looked at any >f the papers connected with the transactions aboit which you testified on your crosj-examinatioa ? 9 66 TESTIMONY OF JOHN FLANAGAN. A. I have. (Agreement here shown witness, marked " Exhibit .") Q. What is that ? A. This is the agreement between Patrick Rowe and Charles J. Smith for the sale of the Elm-street property, to which I referred before ; on examining the agree- ment I find that it was dated October 26th, 1866, instead of October 28 th, 1866 ; and what I have said in relation to the parties calling on me before the agreement was made, will apply to the 25 th of October, instead of the 27th, as I supposed. Q. Ijook at Exhibit : what is that ? A. It is a promissory note for two thousand dollars, dated February IStli, 1866, made payable to the order of Philip Carlin, against estate of Edward Rowe, which was paid in my office, to which I referred in my cross- 74 examination. Q. Look at these papers,marked respectively, " Exhibita " : tell us generally what those are ? A. Two of them are the notes I referred to on my cross-examination as having been produced by Mr. Duffy, at the time he was paid in my office ; the other one is a receipt of William E. Duffy's, for money loaned to Edward Rowe in his lifetime. Q. The receipts of Carlin and Duffy are properly dated, are they ? A. They are ; they were paid on the day they bear date, and signed the same day ; I was mistaken on my cross-examination, before, when I said they were paid on the 11th, instead of 7th December, 1866 ; I then having testified from mere memory, and not having ex- amined any documents to fix the dates, at that time. Q. When you were sworn on your cross-examination, you stated that you went to Bridgeport, near the holidays : had you then looked at the hotel-register or at any memoranda, by which to fix the time ? A. I did not see the hotel-register, from the time I was in Bridgeport, November, 1866, until it was shown to me to-day. Q. That register shows you to have been there on the 3d of November : how does that accord with your recol- lection now ? A. My recollection now is, that it must have been on that day that I was there ; the weather was vei-y cold, ^ and I suffered ; it was later in the season also ; Mr. Rowe had then made his agreement for the sale of the Elm-street property, and I suppose he had also made his will. then ; but from looking at the register of the hotel, and at the will itself, the will was not drawn, I find, at the time Mr. Rowe and I were in Bridgeport. TESTIMONY OF JOHN FLANAGAN. 67 Q. When you were on cross-examination several weeks ago, you said you could not recollect with certainty where it was that Mr. Dufiy and Mr. Eowe slept, one of the nights of the requiem-mass occasion : have you since that ascertained where it was they did sleep 2 > A. I have ; I have looked at the hotel-register ; found it was at the Park Hotel, New York Citj'^, night '' of July 23d, 1867 ; we all slept in the same room, in separate beds. ' Q. Next night, where .? A. At the Eeunion Hotel, New York City. • — Q. What time in the afternoon was it that you went to the funeral at Brooklyn ; and what time did you get back to your office '^ A. I think I left my office with Mr. Eowe, about 75 half-past one or two o'clock, P. M. ; went to Brooklyn ; there hired a carriage ; from there went to the funeral, and got back somewhere, I think, as near as I can re- collect now, about six o'clock — it was pretty late in the ^^ afternoon. ^^^^^ • Q. Was it during that trip to Brooklyn the deed was "'' executed ? A. It was on that day. Q. Before or after the funeral .^ A. Before the funeral ; 'twas just after we crossed the ferry ; signed in the morning by Mr. Eowe, acknowl- edged by Mr. Eowe in Brooklyn, just after we crossed the ferry, before the funeral. Q. Did you see Mr. Duffy before you got back to New York from the funeral .^ A. No ; I did not see him for some time before that, nor on that day until I got back from the funeral. Q. What was the consideration of the sale of the Elm- ^ street property .? A. Thirty-eight thousand five hundred dollars. Q. Did the same purchaser bargain for the the ad- joining property ? A. He did. Q. Did you understand whether or not the purchase of the one was any inducement for the purchase of the other .? * A. I know — ^for the purpose of which the purchaser was negotiating — the property purchased of one party would be of very little worth, unless he also purchased from the other, compared with what it would be if owned together. Q. Do you recollect who the owner of the other prop- erty was .'' A, I believe his name was Bunn, 68 TESTIMONY OF JOHN FLANAGAN. '^ Q. "What was the first price Mr. Rowe talked of sell- ing his property for ? A. Thirty-five thousand dollars. Q. Alter that price was named, do you know whether Mr. Smith made a bargain for the other property ? A. I don't know whether it was before or after Mr. Rowe agreed to sell it for thirty-five thousand dollars that he made a bargain for the other property ; but when I discovered that he had, I insisted on a larger amount, and also the posession of the entire premises up to 1st of May, 1867, and also the rent up to that time ; by the other bargain he was to deliver possession at once. Q. How much did the rents amount to, about, for the six months, if you know ? A. I don't recollect ; should say the use of his own house and store, and the rents of the other two houses, would rent for considerable for that period. Q. You have, under the order of the Court, deposited copies of the securities in your hands for the investments made for Mr. Rowe by you : do you know what they 76 amount to ? A. Twenty-one thousand dollars. Q. Something was said about a mortgage being on the property in Forty-seventh street : why did you not pay that mortgage off out of the purchase-money ? A. Because the mortgagee wouldn't accept payment ; Mr. Rowe and I went together in person to have it paid, but they would not accept the money. Q. Did you receive any interest on these investments ? A; Yes, sir, Q. Can you tell us now just how much ? A. I can't exactly, the amount due on each one. Q. In such payments did you indorse the interest on the bond and mortgage, or give separate receipts ? A. I gave separate receipts ; always do that ; I most generally give the bonds and mortgages to my clients ; I collect the interests and pay them. Q. What "did you do with the interest received from Mr. Rowe? A. I paid him the interest in July, 1867 ; paid him myself Q. Those were payments on the mortgages given in January, 1867 ? A. Yes ; and on the note for one thousand five hund- red dollars. , The further hearing of the evidence in this matter '" was adjourned until the next term of the Court. TESTIMONY OF JOHN FLANAGAN. 69 Saturday Morning, March 21, 1868. Court met. Present — Dalrimplb, ^ Cobb, and >Ju A. He was hugging me in the store ? -V Q. When and where did you next see him ? A. Next evening, in the same place. * ^' Q, How was he then ? 76 TESTIMONY OF SIDNEY J. NEWSHAW. A. Seemed worse still. Q. "When and where did you next see him ? A. Next evening, in the same place. Q. How was he then ? A. Very much under the influence of liquor, at had as the night before. Q. When and where did you next see him ? A. I saw him every night from the Monday until the 16th, when we made an appointment. Q. Did you see him on the 16th; and, if so, where and what time of the day ? A. I saw him about half-past five in the afternoon in Elm street, his place of business. Q. What was his condition at that time ? A. He seemed more under the influence of liquor, and more out of his head than I had ever seen him before. Q. "What was there indicating that he was out of his head? A. From the appearance of his eyes and his discon- nected conversation ? ^ Q. "What was the appearance of his eyes .'* A. They had a very wild appearance, not a natural 87 look at all. Q. You say that on the 16th you and he made an appointment : just tell us where that was, and what it was, and how it came to be made ? A. It was in his store ; he said he was going to the farm the next morning ; I volunteered to go with him to the ferry and see him on the ferry-boat ; I had business down to the river. Q. "V\^hy did you volunteer to go with him ? A. I considered that he was not in a fit condition to cross the ferry alone. Q. Did you see him the next morning ; and, if so, where and at what time ? A. I saw him at his place of business at about half- past six next morning. Q. Did you leave his place of business with him on that occasion ; if so, state where you went and what was done on the way ? A. Yes ; I went down to the North river with him ; went aboard the steam-ship Hatteras ; from there to the liquor store, corner of Barclay street, took three drinks ; from there aboard of the ferry-boat ; crossed the ferry and saw him on the cars. Q. "Which ferry did you cross ? A. Barclay street. * Q. "Whereabouts did you leave him that morning ? A. In the cars, in Hoboken. Q. Did he have any conversation with you that mom- TESTIMONY OF SIDNEY J. NEWSHAW. 77 ing about his property and place of living ; and, if so, state what it was ? (Objected to, as irrelevant. A. He did ; he said he was about selling his property in New York ; he would likewise like to sell his farm in Morristown and puichase a smaller place ; he wished to get away from New York, as he had some damned hounds after him ihat would be the death of him ; seemed very prostrate that morning and very nervous. Q. When you saw him at his store or at his place of business that morning (first), had he got up yet ? A. No. Q. Who waked him up ? A. His barkeeper. Q. When you first saw him that morning, did he remember the appointment you had made with him the night before ? A. He had forgotten it ; didn't siem to know any- thing about it. Q. Why did you think he didn't know anything about it that morning ? A. He asked me what brought me there bo early ; 1 told him to accompany him to the ferry, according to°° appointment the night before ; he replied that he didn't know that he had made an appointment. Q. While you were with him that morning, was there anything said about your circumstances ; ami, if so, state Vi^hat ^as said between you and he on that subject ? (Objected to, as irrelevant.) A. Yes ; he was talk'ng about my business aifairs as we were going down ; he told me if I needed any assist- ance in business to apply to him, as he was always ready and willing to help me ; I told him I could get along without any assistance, and thanked him ; he likewise told me he would leave me comfortable at his death, for he had always looked on me, and Edward likewise, in the same light as a son or near relative. Q. When and where did you next see him ? A. In Morristown, on the 22d of November. Q. Were you at his house on the 22d of November, in Morristown ; and, if so, what time did you arrive there ? A. I arrived there in the evening ; started from New- ark At about half-past two o'clock ; I left home in the ^ half-past one train ; it was dark when I got up here. Q. How long did you remain at his house on that occasion ? A. Until the Tuesday before Thanksgiving Day. Q. Was there anybody staying at his house when you arrived there that day ; and, if so, who was it ? A. Mr. Eichard Halpine, 78 TESTIMONY OF SIDNEY J. NEWSHAW. Q. How long did Kichard remain there on that occa- sion ? (Objected to, as irrelevant, as witness has shown no knowledge upon the subject thus far.) A. I can't be positive. Q. State your present recollection of how long it was. A. Mr. Halpine had business in New York, and he left for a day ; returned again ; remained there with me until the commencement of December ; I returned from leaving on Taaadajt morning — on the Thanksgiving morning, 29th of November, 1866 — and remained there tending on Mr. Eowe until the commencement of Decem- ber, 1866. Q. Now, tell us how Mr. Rowe appeared, and what he 89 said and did on the evening of the 22d of November, after you an-ived at his house ? A. When I went in, he shook hands with me, but didn't know me ; Catharine Lynch, Richard Halpine, and Eddie Eowe was present ; some thirty minutes elapsed, and he called me by name ; said he had been very sick ; that robbers had been after him continually ; asked me if I had seen any .around the house coming in ; told me 1 must be very cold, to go in to his fire and warm myself, and he would make me a hot drink ; he brought me in a drink of hot water and sugar ; he remained there two or three minutes, went out into the parlor, and then Catharine Lynch and Richard Halpine told me he had delirium tremens, and he was out of his head ; then he continued, during the evening until bed-time, to ran from room to room, looking behind doors, under the table, to the daicy, saying that there was men breaking info the house — there was two of them, sometimes three — asking me and Richard if we did not see them ; 1 said I would drive them away, and made the pretense of driving them away, to quiet him ; after he went to bed that night, me and Richard sat up in the kitchen ; we * would go into his bedroom from time to time, alternately, and remain with him, if awake, until he would doze off again ; and in the middle of the night, Richard Halpine was lying on the lounge asleep, or dozing (he was tired), I heard a noise in his room, and spoke to Richard ; went into .Mr. Rowe's bedroom ; set n Mr. Rowe standing naked ; he had torn his shirt and under-shirt off of him," and wanted to get to his chest, and wanted his razors ; Richard took a shirt out of his chest, put it on him, coaxed him to bed again, aad laid down b; side him ; he continued in that way all that night, dozing for a few minutes ; next day he was in the same condition ; we never lost sight of him (either one or the other of us) ; doctor came in the morning ; he continued so in the^ TESXiMONt OF SIDNEY J. NEWSHAW. 79 same condition all that day ; next night he was running from room to room ; would run up in the servants' room (men's bedrooms) in his shirt-tail ; bolted the door after him ; five minutes afterward I induced him to open the door ; he said there were thieves in the house, and they wanted to take his life. Adjourned until 21 o'clock, P. M. 21 O'CLOCK, P. M. 90 Evidence of Sidney J. Newshaw continued : Q. State what further occurred in reference to Mr. Kowe during that night, November, 23d, 1866 ? A. We induced him to go back to bed ; he continued to get up during the night ; did not sleep much ; dozed off for a short time ; he continued so until Sunday ; on the Sunday, me and Halpine walked him around the farm to break him down, to give him rest and get him to sleep ; we continued walking him around most of the afternoon ; came home and had supper ; he was slightly better that night ; he rem'iined in about that condition until the Tuesday before Thanksgiving Day, when I went home to Montclair ; returned on Thanksgiving morning on the first train from Montclair, and remained until the commencement of December — about the 2d or 3d ; he improved slowly, but still was not in his right mind when we started from Morristown to New York with him ; Halpine and me went with him in the cars — I as far as Newark, and Halpine tj New York. Q. You spoke about being at his place in Elm street. New York, on the 13th of November, 1866 : how do you* know the date — by what ? A. By a business transaction in New York — closing up a business I was in. Q. What time was that closed .? A. On the 13th. Q. You spoke about accompanying him on his journey to New York, and parting with him at Newark : how long was it after you so parted until you next saw him, and where did you next see him ? A. Next day ; at his store in Elm street. Q. How was he then ? A. He was about the same as when we came down with him ; he might have been a trifle improved in mind. '' Q. Were you ever introduced to the Kev. William E. Duffy ; if so, when, and where, and by who .? A. I was ; in the early part of December, at Mr. Eowe's store ; Mr. Duffy was sitting on the counter, and I was introduced to him by Patrick Rowe, he saying, at the time, I had attended on him during his sickneis. 80 TESTIMONY OF SIDNEY J. NEWSHAW. 91 Q. You say this was in December : what year? A. December, 1866; a very short time after, Mr. ■ / Eowe's going down to New York. Q. How long was Mr. Duify at the store on that occa- sion ; or which left the store first after you were ,intro- duced — you or he ? A. I left first ; 1 remained about half an hour. Q. Was Mr. Duffy in the stoie when you left ? A. Yes. Q. What was he doing while you were there ? A. Sitting on the counter most of the time while I was there. Q. Anything else beside sitting on the counter ? A. Talking and joking. Q. Did you have ariy thing to drink while you were there on that occasion ? A. We did. Q. Who drank with you ? A. All that was in the place. Q. Who were they ? A. Patrick Kowe, Mr. Duffy, myself, a man named Lynch, and several others that I don't know their names. Q. Whose treat was it..? .^ A. Mine. Q. From that early part of December until the first of May following, did you see Patrick Eowe seldom or * often ? A. Seldom. Q. About how frequently ? A. Sometimes twice a week ; at other times a month might elapse. Q. How was he during that period, in respect to health and sobriety ? A. He seemed to drink more than ever ; liquor showed more on him than ever before since I had known him. Q. When did you last see him, and where ? A. Sometime in April, 1867, in the store in Elm street. Q. Did you ever know John Flanagan, Esquire ? A. No, sir. Q. Did you ever hear Patrick Rowe speak of him, or mention him ? A. No, sir. Cross-examined by Mr. Pitney : Q. Where were you born ? A. London, in England. Q. How long did you live there ? A. I lived there . until I was a little over seyenteeja years of age ? TESTIMONY OF SIDNEY J. NEWSHAW. 81 Q. With whom ? 92 A. My parents. Q. When did you learn the trade of a fan-maker ? A. Didn't never learn it at all. Q. How long have you worked at it ? A. Twelve years. Q. Steadily? A. Yes ; steadily. Q. Where did you move to when you left London ? A. New York. Q. How long did you live there ? A. Done business in New York — ^lived there two months. Q. When was that ? A. That was — don't remember the date. Q. What business were you engaged in those two months ? A. Stained-glass. Q. Where was your place of business ? A. 298 Broadway. Q. Were you in business on your own account ? A. I was. Q. When did you first live in Montclair ? A. Five years ago. Q. Previous to that, where did you live ? A. New York. Q. How long did you live in New York ? A. Several years. Q. Whereabouts did you live in New York ? * A. I lived 298 Broadway ; 483 Broadway ; above Bleecker street in Broadway, over Fountain's India store ; don't remember the number now. Q. Which side of the street was that ? A. Left side going up, at that time. Q. When was that ? A. It was in about the years 1859, 1860; I lived there three years ; I might be mistaken in a year — 1860 ; it might not have been so late ; I lived likewise 687 Broadway, two doors above Amity street, and from there removed to Montclair. Q. Were you engaged in manufacturing fans during all this time ? A. Yes. Q. Where was your factory ? A. Part of the time on Long Island, at my residence ; at other times in the buildings I lived in. Q. Where did you live on Long Island ? A. At Maspeth. Q. How long did you live there ? 11 8^ TESTIMONY OS" SIDNEY J. NEWSHAW. A. Lived there two summers, but still carried on my business in New York. Q. Did you keep a store to sell your fans out of ? 93 A. No, sir. Q. How did you dispose of them ? A. By my customers ; went around occasionally, saw a certain class of customers that I had that purchased what I made. Q. Where were these customers ? A. Fountain, in Broadway, was one; Gurtiss, inBleecker street ; Torn, corner of Bowery and Bond street ; Green, in Broadway ; Freeman, in Broadway (391) ; Harris, Dalrimple, Wood, Brooklyn ; Harper & Mitchell, Washington, Pennsylvania avenue ; Van Duzen, Sara- toga Springs. Q. Have you, in the last few years, been engaged in any other business, besides making fans ? A. Farming, and have been manager for a stained- glass-works in Montclair this last year. Q. Did you ever buy poultry of Mr. Rowe on more than one occasion ? A. Yes, sir. Q. What other occasion ? A. When Edward was alive. Q. How many times in Edward's lifetime ? A. Once. Q. How many did you buy in Edward's lifetime ? * A. I don't remember the count now. Q. What were they ? A. Turkeys. Q. How did you carry them away ? A. Killed them in the barn, and took them down in a wagon. Q. What use did you make of them ? A. Sold them. Q. Did you come all the way from Montclair to Mor- ristown to buy a few turkeys ? A. No, sir ; I drove up to Morristown, and Patrick Rowe induced me to buy the turkeys ; he said he wasn't competent to take them to market. Q. Was that the first time or last time ? A. First time. Q. Did you come all the way the second time on pur- pose to buy the turkeys ? A. Yes, sir. Q. How many did you buy the second time ? A. Forty-six ; as far as I can remember, it was forty- six. Q. What did you give him for the turkeys ? A. The first time I gave him something over fifty TESTIMONY OF SIDNEY J. NEWSHAW. 83 collars ; I paid for them in New York, at Edward's store. Q. The second time ? A. Sixty-five dollars. Q. You got them pretty cheap, didn't you ? A. The first time 1 got them cheap ; not the second. Q. Didn't you complain to Mr. Kowe, and to his ser- vants, or to some of them, that you had lost money on the first purchase of turkeys ? A. No, sir ; not on the first : on the second. 94 Q. You did lose on the second, then ? A. Yes, sir." Q, How did you come to give too much for the second lot of turkeys ? A. They were so poor, so thin. Q. You killed them on the place, didn't you ? A. No, sir ; took them alive. Q. Did you buy anything else hut turkeys from Mr. Kowe ? A. Yes ; ducks. Q. What did you give for those ? A. Twelve shillings a pair. Q. How many ? A. I think it was twrlve pair ; not sure. Q. Did you buy anything else of Mr. Rowe ? A. No, sir. Q. Did you buy a hog of him ? A. No, sir. Q. Did you help him slaughter a hog .'' A. Yes, sir ; I helped his men. Q. When was that ? * A. 'Twas in the latter part of November, or com- mencement of December, 1866. Q. Who told you to kill the hog, or help kill the hog ? A. Mr. Eowe. Q. That was while you was there, nursing, was it ? A. It was when he was getting better on the 1st of December ; I purchased the salt — Q. Where ? A. Morristown. Q. Did anybody pay you for the time you spent at Mr. Rowe's place .'' A. No, sir. Q. How did you happen to come up there on the 22d of November ? A. I had an idea — a presentiment that Mr. Rowe was sick-; left New York in the morning, went home to Montclair, told my family that I was coming up ; left Montclair at the half-past one train. 84 TBSTIMONT of SIDNEY J. NEWSHA-W. Q. When did this presentiment seize you ? A. The night before. Q. In the evening or in the night ? A. In the night. 95 Q. Do you mean that you woke up in the night .'' A. No, sir ; I was dreaming about him. Q. And you dreamed that he was sick ? A. Yes, sir. Q. Went to New York the next morning ? A. No, sir. Q. Where were you sleeping when you were dreaming about Mm ? A. At the Occidental Hotel, in Broadway, over Laura Keene's Theatre — excuse me, it was not that night I staid at the Occidental Hotel : I was sleeping up town, in the Third avenue, at a friend's house, by the name of Pope. Q.-What kept you in the city that night ? A. Business. Q. What number in Third avenue was your friend's house ? A. Corner of Thirty-fourth street. Q. What did you do the next morning when you got up, before going to Montclair ? A. Called around different places on business ; trans- acted what business I had to do ; went down to Elm street to the store ; saw the barkeeper ; asked him if he had heard from Mr. Rowe, and if he was going to return ; he replied that he had not heard from him, and that he * didn't think he would return until after Sunday. • Q. Did you learn from Michael how long since he had been down ? , A. Michael was aware that I knew how long he had been away ; he knew I went to see him off in the cars. Q. You keep horses and wagons ? A. Not now. Q. Did you a year ago last fall ? A. Yes. Q. What year was it that you went there and bought turkeys in Edw.ard's lifetime ? A. It was in the year 1865, I believe. Q. Did you keep horses and wagon then ? A. Kept three horses and wagon. _ Q. Did you drive up in your own conveyance the first time you bought the turkeys ? A. Yes ; drove up in a sulky. Q. What were you doing here in a sulky ? what busi- ness had you here in a sulky ? A. I suppose I had the privilege of riding in a sulky the same as any other person ? TESTIMONY OF SIDNEY J. NEWSIIAW. 85 Q. Undoubtedly ; I want to know wbat particular business brought you to Morristowu on that occasion ? A. To visit Mr. Kowe. Q. Which Kowe? A. Patrick Rowe. Q. How long did you stay on that occasion ? A. I staid one night. Q. Where did you put up your horse and sulky ? A. Mr. Eowe's stable. Q. How did you get your turkeys home that time ? A. Paid six dollars to a livery-stable-keeper to take them down in his wagon. Q. Did you have any friend with you on either of those occasions when you visited Mr. Rowe ? A. Yes, sir ; on two occasions. 96 Q. Who was it ? A. Mr. McGowan, the first time — a neighbor of mine, in Montclair. Q. Did he ride with you in a sulky ? A. No, sir ; did not come in a sulky Ihat time ; came in a covered wagon. Q. What was your business on that occasion ? A. To go to Waterville to buy some white turkeys. Q. Did you stay all night at Mr. Rowe's that night ? A. I did. Q. Who was the other person that was with you at Mr. Rowe's ? A. Mr. John Levey, a neighbor of mine. Q. How did you go there on that occasion ? * A. We came in a sleigh on a Sund-iy morning. Q. What was your business there ? A. A visit. Q. How long did you stay on that occasion, and when was it ? A. I staid until Monday morning ; Mr. Levey went up to Waterville the same night, and called for me on Mon- day morning ; it was in the winter of 1864. Q. Who is this Levey, and what is his business ? A. Keeps a grocery store in Montclair. Q. You deal a little in poultry sometimes, do you ? A. No, sir. Q. Wli!-t day of the week was it that you brought Mr. Rowe down to the Hoboken ferry and went on board the steam-ship Hatteras ? A. I believe it was Saturday. Q. What makes you think it was Saturday ? A. Because she sails on Saturday ; I have been in the habit usually of going on board Saturdays to see my cousin, 86 TESTIMONY OF SIDREY J. NEWSHAW. Q. You haven't looked in the almanac about that since you came to Morristown, have you ? A. No, sir ; not about that. Q. You were in Mr. Eowe's store every night of that week, weren't you ? 97 A. Yes, sir ; with the exception, I was there from the 13th ; I closed up business on the 13th. Q. You were there every night from the 13th to the 16th.? A. Yes. Q. How late did you stay ? A. Various times ; sometimes eight o'clock, sometimes nine or ten. Q. And the week before that, you were there how much ? Q. From the return of Mr. Eowe from Bridgeport until the 7th. Q. Were you there on the 7th ? A. On the morning of the 7th we started for Newark together — him for Morristown, and me for Newark. Q. You were there on the 6th, I suppose ? A. Yes, sir. Q. What time in the day on the 6th ? A. Evening. Q. Did you see Mr. Kowe on the evening of the 6th ? A. Yes, sir. Q. Where had he been that day ? A. Can't say ; but that was the day of his return ■■'•■from Bridgeport, or he might have returned a day earlier. Q. Where was he from the time he returned from Bridgeport until you and he came out to Morristown together ? A. At his store. Q. What day of the week did he come to Morris- town ? A. Don't remember. Q. What day of the week did he come from Bridge- port ? A. I belieye it was on a Monday. Q. How do you fix the date of the 7th as the day he came to Morristown ? A. From a small parcel of fans I sold to Mr. Foun- tain, in Broadway. Q. And when did you sell the fans to Mr. Fountain ? A. Sold them on the 5th. Q. How do you connect Patrick Rowe's movements with those fans ? A. I remember it was two days afterwards, from memory ; they were a peculiar style of fan. *EfiTIMONY OF SIDNEY J. NEWSHAW. 87 Q. Have you a bill of the fans ? A. No, sir ; Mr. Fountain has. Q. How do you know you sold them to him on the 5th.? A. From an entry in my book. 98 Q. Where is the book .? A. Home. Q. Where did you stop in New York on the 5ih and 6th of November, 1866 ? A. I slept at Mr. McDuif's, livery-stable-keeper, 211 Wooster street. Q. Is that the stable or the house ? A. The house is over the stable. Q. And where did you stay on the other nights between that and the 17th of November ? A. I staid there up to the 15th ; 16th I slept in Third avenue, Mr. Pope's. Q. Did you have a commutation ticket on the rail-road from New York to Montclair ? A. No, sir. Q. What is the fare from New York to Montclair .? A. Return tickets, seventy-seven cents ; seventy-seven cents to go and come ; good at any time. Q. Did you find it cheaper to liire lodging in New York than to go home to your family .? A. No ; I did not. Q. How long would you stay in the evening at Mr. Rowe's place .? A. Various times. ' i-k Q. Do you ever drink anything yourself .? A. Yes. Q. What kind of a shop or store did Mr. Rowe keep ? * A. It was a corner store — small place ; some barrels along on one side ; two benches in it, painted green ; counter ; general fixtures of a small liquor store. Q. They sold piincipally bv the glass, didn't they .? A. Yes. Q. You never saw a very large stock of liquors there, did you .? A. I have seen liquor drawn from kegs,_and Edward has told me he laid in a large stock of ale. Q. He didn't sell ale by the barrel, did he ? A. Not that I am aware of Q. They kept ale on tap, didn't they .? A. Yes, sir. Q. Did you ever see any liquor sold there, except by the glass or bottle .? A. Yes, sir ; sold by the pint and half-pint ; people would bring in their own bottles for it. 88 TESTIMONY OF SIDNEY J. NEWSHA-VIT. Q. You never saw it sold in any larger quantities than a bottle, did you ? A. No, sir. Q. These barrels you speak of were empty, weren't they — kept for show ? 99 A. 1 should suppose they were. Q. Did you ever take your dinner, and eat it there, with a glass of ale ? A. No, sir ; I never carry my dinner in my pocket. Q. Do you know a man by the name of James Frazier ? A. Not by name. Q. Do you know a man by the name of Joseph Oos- tello ? A. Not by name. Q. Do you know a man by the name of Philip Carlin ? A. No, sir ; I don't know him by name. Q. Do you know Dr. John H. Smith ? A. T know a doctor that frequented there, but his name I don't remember ; he is a stout gentleman ; other frequenters of the place would know him ; he always drinks hot whiskey, and always makes it himself. Q. Did you ever have the delirium tremens yourself ? A. No, sir. Q. Did you ever see anybody have it, except Mr. Rowe .'' A. Yes, sir. Q. Before you saw Mr. Rowe have it ? A. Yes, sir. Q. Did you know what was the matter with Mr. Rowe when the delirium tremens was coining on him ? » A. I wasn't surprised at his having them — yes. Q. While you were watching with him here in Mor- ristown, did you give him any liquor during the night .'' A. No, sir. Q. Didn't you know that a certain amount of liquor was necessary in cases of delirium tremens ? A. I know that it is the opinion of some doctors ; doctors differ on it ; Doctor Flagler ordered him not to have any ? Q. Didn't he leave him any medicine ? A. Yes, sir. Q. How often did the doctor come to see him while you were there ? A. Came every day when he was first sick. Q. Had he been there when you got there, as you understood ? A. At the time of his having delirium tremens, I don't know that he had ; but he had been there in October. TESTIMONY OF SIDNEY J. NEWSIIAW. 89 Q. Question was meant to be, whether he made his first visit in that sickness, after you got there ? , A. I can't say for certain. Q. How often did he come there while you was there ? 100 A. He came every day, the first part of liis sickness. Q. How many days .-^ A. He came every day up to Tuesday of my going away to Montclair. Q. Did you go home on Tuesday — what day of the month was that ? A. Don't rememher the day of the month; it was the Tuesday before Thanksgiving. Q. How long had you been there "^ A. Been there from the 22d. Q. Can you tell me whether it was a week, or a fort- night, or a month '? A. Yes, sir ; easily. Q. Well, tell us ? A. Thanksgiving Day was on the 29th. Q. What day of the week was Thanksgiving Day ? A. Thursday. Q. Did you go back there after that ? A. Yes, sir ; I went back Thanksgiving morning. Q. Did the doctor attend there, while you was there the last time ? A. Yes ; he dropped in occasionally. Q. How long did you stay that last time ? A. Until the commencement of December ; it might have been the 2d, or 3d — 4th, possibly ; it was the day Mr. Patrick was to sign the transfer of the Elm-street * property, that we came down. Q. Did you go to New York with him ? A. I left him in Newark. Q. How did you know anything about the transfer of the Elm-street property .? A. Catharine Lynch spoke about it. Q. Didn't you hear him say anything about the trans- fer of the Elm-street property .^ A. No, sir. Q. Did you go with him to his place of business, or Mr. Flanagan's ofiice, in New York, or any other , place ? ' A. No, sir ; I did not go to New York with him. Q. Where did you go ? A. I left him at Newark ; I went to Montclair. Q. Did you go to New York that day ? A. No, sir ; the next day. Q. Why didn't you go on to New York with him ? A. I had business that called me home. 12 90 TESTIMONY OF SIDNEY J. NEWSIIAW. Q. Did you think he was in a fit condition to go to New York to sell his house at that time ? A. Noj sir ; he was not. 101 Q. Hadn't he got over the delirium tremens yet ? A. Not thoroughly ; at times he was flighty. Q. Did you learn what day of the month the deed was to be given ? A. No, sir. Q. What day of the week was it that he went to New York in the early part of December ? A. Could not say for certain ; have an idea it was Monday. Q. How long did you stay there when you returned on Thanksgiving ? A. Staid there until the commencement of December; it was about a week or less. Q. Did you go to church with him while you were here at Morristown ? A. No, sir. Q. Did he.? A. No, sir. Q. Did you ever go to church with him ? A. Not with him ; I have besn in the church at the same time. Q. Whereabouts .'* A. New York. Q. At what church ? * A. Catholic church, in Duane street. Q. Who is the pastor of that church ? A. Don't know. Q. How often did you ever attend that church ? A. Once. Q. When.? A. Edward Eowe's funeral. Q. What church do you attend, generally ? A. Episcopal. Q. What business transactions did you ever have with Patrick Eowe ? A. None other, but purchasing the two lo!s of turkeys. Q. Who_ asked you to come to Patrick Rowe's on Thanksgiving morning ? A. Catharine Lynch. Q. Who else, besides Catharine Lynch and Eichard" Halpine, were at Mr. Rowe's when you were there ? A. Boy, called Eddie ; German man, called John ; and an Irishman who lived out of the house. Q. Did you ever make out a bill for your services on that occasion ? A. No, sir. TESTIMONY OF SIDNEY J. NEWSHAW. 91 Q. Did you ever ask anybody to pay you for your services ? A. No, sir. Q. Were you allowed that on the sale of the turkeys ? A. No, sir. 102 Q. Did you and Halpine coms up in the cars together, on the 22d of November ? A. No, sir ; not that I am aware of ; I did not see hiua until I got to the house. Q. Didn't you ride up with him from the depot, in a carriage, to Mr. Kowe's ? A. No,- sir ; I stopped on the road at Eoss' ; bor- rowed an overcoat from him ; went up in the carriage alone. Q. Did you ever ride up in a carriage, from the depo t, w'-th Mr. Halpine ? A. Yes; once. Q. When was that ? A. I believe it was on the Monday after the 22d ; the following Tuesday he went to -New York for a day ; had to go. Q. You are a married man, are you not ? * A. Yes. Q. How long have you been married ? A. Fourteen or fifteen years. Q. How much of a family have you ? A. Three children. Q. Keep house for last five years at Montclair .'' A. Yes. Q. When you drank with Kowe four times in the morning, who paid for the liquor ? A. Mr. Eowe. Q. Every time ? A. Yes, sir. * Q. Did you drink with him each time ? A. I drank ale ; he drank gin. Direct-examination resumed : Q. You said that you bought the salt to salt the hog that was killed down to Kowe's : at what store, and on what day did you buy that ? A. On the 1st of December, 1866 ; I forget the name of the store ; it was here, in Morristown ; next to the hotel where we took dinner to-day. Q. What is that hotel called, do you know ? A. I don't know. Q. Is it the hotel that fronts on the square ? A. Yes ; there is an alley-way between the hotel and the store. Q. Alter you parted with Patrick Eowe at Hoboken, on the 17th of November, 1866; was there anything else, 92 TESTIMONY OF SIDNEY J. NEWSHAW. besides your dream, that led you to think that Patrick was kept away from New York by sickness ; and, if 103 there was anything, what was it ? A. Nothing else. Q. Was he in a healthy condition when you left him on the 17th ? (Objected to, as crowding the witness.) A. No, sir. Q. Did you have any idea what ailed him before you went out to see him ; and, if so, what did you suppose ailed him ? A. I suppose lie was sick from the effects cff drink, if sick at all. Q. How many times did he drink that morning of the 17th, from the time you first saw him until you Lft him ? A. Three or four limes. ^Q. Did you say anything to him, that morning, about his drinking ; and, if anything, what ? .A. Yes, sir ; I advised him not to drink so much ; I told him he was killing himself with drink. Q. What did he say to that, if anything ? A. Said he had been drinking heavy the day before, and he wanted some to steady him. Q. How long had you been in New York, before you made the acquaintance of Edward and Patrick Rowe ? A. About a year. Q. Can you tell how many times you were out to the "* farm before Edward died ; if you can, do so ? A. Eight or ten times. Q. Were you out here with Edward Eowe, or when he was out here at his farm ? A. No, sir ; I was never to the farm with Edward Rowe ? Q. Was Patrick troubled with any lameness after he came out to the farm ; and, if so, for how long ? A. He came out on a crutch ; he was lame, more or less, up to his death, slightly. Q. How long before he dispensed with the use of a crutch, after he came out, as nearly as you can tell ? A. I couldn't tell. _Q. Did Edward Rowe ever tell you why he had bought i this farm out here ; and, if so, state what he said on the subject ?' ■ - , •(Objected to, as hearsay evidence and irrele- vant.) - . ■ A. Yes ; Edward told me he had to get him away fcom the liquor store ; he couldn't go out and leave him ; he would drink so much liquor he couldn't attend to the business. TESTIMONt OF SIDNEY J. NEWSHAW. 93 Q. Did Patrick Kowe ever tell you why, in Edward's lifetime, he was living out here, instead of staying in New York ; if so, tell us what he said on that point ? J 04 (Objected to, as irrelevant.) A. No, sir. Adjourned until Thursday morning, 10 o'clock, A. M., April 23d. Thursday Morning, 10 o'clock, A. M. Present — Surrogate, Vanatta, Pitney, and parties. Medirect-examination, resumed, of Mr. Newsham : ' Q. You spoke in your cross-examination of having, staid at Patrick's house over night on several occasions prior to the 22d of November, 1866 : if on those occa- sions you observed anything peculiar or noticeable in 96 Patrick's conduct, at night, tell us what it was, and describe it ? (Objected to, as not a re-examination, and as a repetition.) A. At the time for retiring for the night, Mr. KoW'^, would go to the hall-doors to see that they were fastened ; look around the front-room used as a store-room ; go into his bed-room, look under the bed ; in the closets ; return again, do the same thing over again ; then he would talk a little time ; ask me if I would take some- thing, we would drink ; then he would request me to go '" to the hall-doors, see if they were fastened ; ask me if i would sleep with him, and I would reply I would prefer to sleep up stairs ; ,bid him good night, and retire. Q. What reason, if any, did he assign for wanting you to sleep with him ? A. He didn't like to sleep alone. Q. Did he say why he did not like to sleep alone ? A. On one occasion said he was nervous, and always liked some one with him. Q. Was this looking under his bed, and in the closets, and through the store-room, done on only one occasion ; and if more than one, how many more ? A. Always. Q. Did he request you to look in the closets, or under his bed, or in the store-room ? A. No, sir ; I was present when he done it. Q. Did you go with him in his making those exam- inations, at his request, or without being requested ? A. At his request ; he would say, " Come, Sidney, let us go to bed." Q. What reason or explanation, if any, did he give for making those examinations ? 105 94 I'ESTIMONY OF EICHAED HALPINE. A. Gave no reason for making those examinations, only the reason for not liking to sleep alone. Cross-examination, resumed : Q. Are you a legal voter ? A. Yes, sir. Q. How long have you been a voter ? A. Been legible to a vote for several years. Q. Where have you voted for the last few years ? A. Montclair, last election ; not been in the habit of voting for the last few years ; never voted but at this last election. Q. What barkeeper waked up Mr. Eowe on the morn- ing of the I7th of November ? A. I believe his name is Michael Diery ; it is the only barkeeper he has had since Edward's death. Q. Did you pay for the salt you bought to salt the hog with ? A. Yes. Q. Where did you get the money ? A. Patrick Eowe. * Q. Did you get a bill and receipt for it ? A. Yes ; bought it of Caskey & Brother, Morris- town. Q. What did you do with the bill and receipt ? A. Gave it to Patrick Eowe. Q. Did you tell them it was for Patrick Eowe ? A. Yes ; got the bill in his name ; stands on their sales-book as paid ; did yesterday. The evidence having been yead to witness, he wishes to make the following corrections : I said, in my evidence, that Eichard Halpine was only away one day from the 22d day of November, 1866, to the commencement of December ; but I think it likely that I was in error, from a circumstance that occurred, which was brought to my mind last nigkt, that he might have been away at other times, for a short time, to New York ; but I myself was thero from the 22d, until the following Tuesday ; left, and returned again on Thanks- giving day, and remained until the commencement of December. SIDNEY J. NEWSHAM. Sworn before me, April ) 22d, 1868. I J. W. Ballentine, 106 Surrogate. Eichard Halpine, a witness, called upon the part of caveators, sworn ; Examined by Mr. Vanatta : Q. State what your age, what your business is, and where you reside ? TESTIMONY OF RICHARD I-IALPINE. 95 A. Thirty-five, if not over; plumbsr ; 3 Roosevelt street, New York. Q. Was Patrick Rowe, late of Morristown, deceased, related to yon ; and, if so, what was your relationship ? A. Second cousin. Q. What was your mother and father's name ? A. Catharine Rowe ; Thomas Halpine. Q. What was the name of your mother's father ? A. Richard Rowe. Q. And your maternal grandfather, how related to Patrick Rowe's father ? A. Don't know. Q. Were you born in this country ; if not, whare ? A. Ireland. Q. When did you come to this country ? A. In 1850. Q. And where did you land, and first live ? A. We landed in the East river ; lived first at 39 Baxter street. New York, for two nights only. Q. Where have you lived since you first arrived at New York ; I mean all the time in the City of New * York, or at some other place ? A. In New York. Q. Did you know Edward and Patrick Rowe in their lifetimes ; and, if so, when and where did you first become acquainted with them ? A. oQ Elm street, in 1851. Q. What business, if any, was Edward Rowe iti then ? A. Liquor business. y Q. Where did Patrick then live, and what was he / doing ? A. In the same business, same place. Q. What do you mean by saying he was in the same bu jiness ? A. That be was in the same store— 55 Elm street Q. What did he do there ? A. 'Tend bar. Q. From that time until Edward Rowe died, did he ke3p a liquor store at the same place ? A. In the same place. Q. From 1851 until Edward died, how frequently were you at his store ; tell us as nearly as you can ? A. Once a week there. 107 Q. After Edward's death, did you continue to visit the same store ; and, if so, until what time ? A. I visited it one — twice a week — three times a week ; sometimes I might not go there for a week, until May last. 96 TESTIMONY OF KICHARD HALPINE. Q. Did you ever go with Edward Rowe to Bridgeport; if so, when was it, and how did you come to go there ? (Objected to, as irrelevant.) A. I have been to Bridgeport with Mr. Edward Rowe. Q. When? A. To the best of my knowledge, thirteen years ago. Q. How did you come to go ? A. By invitation. (All evidence on this subject objected to, as irrelevant.) Q. Invitation from who ? A. Edward Rowe. Q What was the invitation ; what did he ask you to go up there for ? A. For to see my relations. Q. Did he say what relations — who .? (Same objection.) A. The whole family ; that is, the Leverty family and Rowe family ; that was their residence. * Q. Were you acquainted with the Levertys or the Rowes who lived at Bridgeport at that time ? A. I was not. Q. Which Levertys and which Rowes did you see when you went to Bridgeport at that time ? A. We called to Michael Rowe's store, and he was not in ; went then to Mr. Leverty's. Q. Question repeated. A. I saw Mrs. Leverty. Q. Did you see her husband or her children ? A. Yes, sir ; it was her I seen first. Q. Which of her children did you see on that occa- sion ; name them ? A. Michael. . Q. Any others ? A. I seen her daughters and sons ; was introduced to thefn. Q. Did you see Michael Rowe while you were at Bridgeport at that time ? A: No, sir. Q. Did you go to his house ? A. No, sir. Q. How long did you and Edward stay at Bridgeport at that time ? A. I stopped until next morning. Q. Did Edward come away with you, or remain lOSloager.? A. He remained until next afternoon. Q. Before Edward Rowe died, did you visit Patrick Testimony of eiohard halpine. 97 Rowe at the farm here at Morris town ; and, if you did, about tow often ? A. Once a year for the first two or three years. Q. After the first two or three years, how often did you come out to Morristown ? A. About three times a year. ^ Q. Were you out to the farm after Edward Rowe died, and before he was buried ? A. Yes, sir. Q. Was Father Duffy there then ? A. No, sir ; not before Mr. Eowe's death. Q. Was Father Duify there after Edward died, and before he was buried ? A. Yes, sir. Q. Do you remember what day of the month it was Edward died ; if so, state it ? A. It was the 23d of July. Q. Whai day was he buried ? A. 26th. Q. What day did Father Duffy come out to the farm ?■ . : i; (All objected to, as irrelevant.) A. 25th. Q. While he was there, did you hear any talk between * Father Duffy and Patrick Rowe ; and, if so, -tvhere were they when the talk took place ? A. I did ; on the back-stoop. Q. Tell us what Patrick said ; then tell us wiiat Father Duffy, said? (Objected to.) Aj Patrick Rowe said that the night before his brother died, he was like a young bear in the woods, and didn't know what to do ; Father Duffy asked him who said, so ; said his. brother Edward ^ Father Duffy asked Patrick Rowe if he hadn't confidence in his brother Edward ; he said yes ; if he would place the same con- fidence in him as in his brother Edward ; he said yes. Q. Well, what did they do then, if anything ? At The conversation — there was a shake hands. Q. Who shook hands ? A. Mr. Rowe and Father Duffy. Q.: Was there any other talk there, at that timfe ; and, if so, what was that about ? A. About saying a requiem mass iil New York. Qf State was said about that ? A. Patrick Rowe said that Father Curran was there 109 the day before, and that he went back to New York to prepar6. {qx the mass ;. Father Duffy said that he Would say mass for Edward Row© ; that he was inore entitled to say it than Father Curran ; Mr. Rowe said that he 13 98 TESTIMONY OF RICHARD HALPINE, did not want to interfere in it, and that lie could please himself about it. Q. Is that the whole conversation about the mass ? A. Yes, sir. Q. You say that Patrick said that Edward had said the night before he died, he was like a young bear in the woods ; who was it that was like a young bear ? A. Patrick. Q. Did Patrick say how Edward had come to talk that way ? A. Edward asked him to come to bed, and he didn't come at that time ; when he was going into bed, he said that he was like a young bear in the woods. Q. Did Patrick say anything about Edward having wanted to make a will before he died ? A. No, sir. Q. Did you go to New Yorkwith the funeral ? A. Yes, sir. Q. When did you next come out to the farm after the * funeral ? A. I came out on the next Saturday. Q. From the day of the funeral until the next Sat- urday, where did Father Duffy stay ? A. At the best of my opinion, 56 Elm street. Q. Did you see him there ? A. I seen him the next afternoon after the funeral ; I don't know whether he stopped there. Q. Did you see him there on Saturday after the funeral ? A. Don't know that I called there on Saturday ; no, sir ; I thick not. Q. Did Patrick come out to the farm on that Satur- day after the funeral ? A. I think not. _Q. Did you come out to the farm on that Saturday, without going to the store before you came out ? A. I went to the store on Saturday. Q. Was Patrick Eowe there ? A. Don't remember. Q. How long did you stay out, at that time, at the farm ? A. Until Monday morning. Q. When did you next come out to the farm after 110 that.? A. On the next Saturday. Q. When did Patrick come out to the farm, after the funeral ? A. He came out on the following Saturday. Q. What do you mean by the following Saturday ? A. Saturday week from the burial. TESTIMONY OF RICHARD HALPINE. 99 Q. Did you come out with him then ? A. Yes, sir. Q. When did you go back, and who went back with you ? A. Went back on Monday morning ; can't say who went back with me ; it is my opinion that Mr. Rowe went back with me ; can't say. — Q. Were you out here on Thanksgiving Day, that year, at Patrick Rowe's house P A. I was. ^ Q. Had you been out here the week before Thanksgiv- ing Day ? A. Yes, sir. Q. What day of the week, before Thanksgiving, did you come out here ? A. I can't say the day — the day it was. Q. I mean what day of the week — Wednesday, Thursday, Friday, or Saturday .'' A. To the best of my knowledge, it was on Thursday. Q. How did you happen to come out at that time ? A. I think, on a telegraph dispatch. * Q. Have you any doubt about your having a telegraph dispatch to come out ? A. I have no doubt ; I received a telegraph dispatch. Q. Did you come out as soon as you got the dispatch? A. On the same day. Q. Whose name was to the dispatch ? (Objected to, as irrelevant, because the dis- patch is the best evidence.) A. Patrick Rowe. Q. Where is the dispatch which you received, now ? A. I left it at 56 Elm street ; gave it to Michael Diery. Q. When did you leave it with him ? A. The same afternoon that 1 received it. Q. Have you ever seen it since ? A. Not to my knowledge. Q. What time did you get here that day .'' A. In the night-time ; I mean six, seven, or eight o'clock ; can't be positive what time I got here ; can't recollect what train, whether half-past four or five. Q. Did you see anybody at Patrick Rowe's house, that 111 night, that did not live there ; and, if so, who ? A. Rev. Father Hoey, Morristown. Q. Anybody else ? A. Not at that time ; immediately afterwards I saw Sidney Newshan. Q. Immediately after — what ? A. After I came in, Q. Who got there first — you or Newshan ? lAyiy^ 100 TESTIMONY OF EICHAKD HALPINK. A. I was there first. Q. Was Father Hoey there when you got , to the house ? A. He was. Q. Did he remain after you arrived, or did he. go ^ away ? A. He went away immediately after I arrived. Q. What did Mr. Howe say to you, when you arrived • there that- evenirig? " ' " "'' '■ A. He shook hands with me. Q. Question repeated. A. He said' he was very glad to see me— gki I had come. Q. Did he say how he was, or how he had been ? A. He said he thought the night before, -thalf I^should never see him alive. : - -^ -. Adjourned until 21 o'clock P. M. Besumed : .«.. 21 o'clock, P.- M. EicHAKD Halpink recalled : Q. Did you stay up that night, or go to bed— I am sppaking of the nigh;t you got the dis'patch ? A. I stopped up. Q. Why did you stop up ? A. To take care of Mr. Rowe, Q. During the night did he think he saw people there that you couldn't see ? • -, . , ' '■ (Objected to, as leading.) A. He did. Q. Who did he say they were ? ■'A. Mentioned no names. Q. Did you put any clothes on him -during. ^the 112 night.? '■-' ' A. An inside shirt. Q. Why did you do that ? A. Because the shirt that was on him was torn. Q. Who tore it? A. Himself. Q. Just before you put the shirt on him, had he any clothes on him ? - ■ ■ A. Drawers. Q. Was anything done with his razors that night ? A. They were taken and hid away. Q. Why where they hid away ? A. In case Mr. Eowe should handle them ; I thought they were a dangerous weapon for him to have ; I didn't consider so — ' ■ ' ' Q. Who put them away ? A. Catharine Lynch and Sidney Newsl^am, TEStlMONY OF BICIIARD HALPINB. 101 Q. Why did .you think they were «wt dangerous ? -^ ' A. I. didn't expect he wanted to use them, that time ; in the night. Q. Tell us what .else he did that night — whether he staid in one place all that time, or went about the house ? A. He went about .the house — went up stairs. Q. ^hat was he talking about ? A. Talking about three men. Q. .What did he say about them .? ',A. He said two of them had guns. Q. Anything else he said about them ? A. That he was afraid of them. Q. Did he say where they were ? A. He said, ** There they are. " Q. Did he say what they were going to do ? A. Noj sir. Q. Why was he afraid of them ? A. That they would break into the house. Q. When did you go away from the house next, after * that night. A. Next morning. Q. That night, did you send any dispatch to New York the same night you came up ? A. To the best of my knowledge, I did ? Q. Who did you send it to .'' A. To Michael J. Diery ; not at that night, I don't wish to say, in particular ; but I did send one. Q. Did you send more than one dispatch to Michael J. Diery ? A. No, sir. Q. Where did you send it — from what telegraph office ? A. Comer of South street, Morristown. Q. What did you say to Mr. Diery in that dispatch ? A. Mr. Eowe is well. — E. Halpike. - (Objection is made to private contents of dis- patch without producing it.) Q. .Why. did you send such a dispatch to Mr. Diery that night ? (Objected to, as irrelevant.) 113 A. By Mr. Diery's request. Q. Why did you say to him, " Mr. Eowe is well ? " A. There was several inquiring for him (Mr. Eowe) in New York. ' Q. Question repeated. (Objected to, as crowding witness.) A. That was to show him he was no worse. ■Q. Was he well when you sent that dispatch ? A. He was something better. Q. Did anybody tell you to telegraph to Ui^rj tha,t Jie was yrell ? 102 TESTIMONY OF BICHAED HALPINE, (Objected to, as irrelevant — ^hearsay.) A. I told Mr. Eowe I was going to telegraph. Q What did Mr. Kowe say ? Q. He said I could do that if I pleased. A. Do what ? Q. Telegraph ; then I asked Mr. Kowe what I should end. in the telegraph ; " Say I am well ; don't make it worse." Q. You say you went back the next morning after you had come up : when did you come back again to Mr. Kowe's ? On Saturday. Q. Were you sent for on Saturday, or did you come up without being sent for ? * A. I was sent for ; came up before I received a message. Q. Where was the message sent from, and how was it sent ? A. From Morristown, by telegraph. Q. When did you get that dispatch ? A. On Monday. Q. Where ? A. 3 Eoosevelt street, Q. What has become of the dispalch that you got ? A. Left them at 56 Elm street, with Mr. Diery. Q. You came up Saturday ; how long did you stay at Patrick's then ? A. Till Monday morning. Q. How was Patrick then ? A. He was sick. Q. Anybody stay there with you at the house ? A. Sydney Newshan. Q. Was he there when you got back, Saturday night ? A. He was not at the house at the time I got there. Q. Did he come in that evening after you got there ? A. Yes, sir. 114 Q. Did you leave him there on Monday when you went away ? A. I did. Q. When did you come back to Patrick's, as near as you can recollect .'' A. The following Wednesday. Q, On the Sunday before Thanksgiving, did Patrick walk any ; and, if so, where did he walk ? A. On the farm ; crossed over the farm ; went across to the road ; went up the road some distance, and came back. Q. Who was with him f A- Sydney Newshan and royself, TESTIMONY OF EICHARD HALPlNE. 103 Q. Why was he walking ; how did he come to be walking ? _ A. We took him out for the benefit of his health ; to tire him, so that he should have some sleep. Q. Was there any medicine given to him ? A. Yes, sir. Q. Who got the medicine ? A. The medicine was in the house ? Q. Did you understand where it came from ? ' A. Noj sir. Q. Did you understand when it had been got ? A. Got some time before. Q. What was it in ? A. A small vial ; a glass bottle. Q. Did you see the doctor there on that Sunday ? A. Not as I can recollect ; heard he called there. * Q. Who told you that ? A. Catharine Lynch. Q. Did you hear what doctor it was ? A. Dr. Flagler. Q. You say you came out on Wednesday night : how long did you stay there ? A. To the best of my opinion, I stopped until Monday. Q. p'lA you dine at Patrick's on Thanksgiving Day ; and, if so, who dined with you ? A. I did ; Sidney Newshan, John Folk (one of the workmen) ; Mr. Bowe sat at the table. Q. Did Mr. Rowe eat any dinner ? A. Took some soup. Q. Did he stay at the table ? A. Not many minutes. Q. Why did he leave ? A. He was sick at his stomach. Q. You left the next Monday : who went away when you left ? A. Mr. Rowe, Sydney Newshan, and myself. / Q. Between the time you was first telegraphed to come up to Mr. Rowe's and that Monday when Mr. Rowe and Newshan and you went away together, did you hear Mr. Rowe say anything about Father Duffy and Mr. 115 Flanagan ? A. He said he had an engagement to meet Father Duffy, appointed sometime. Q. During that time, did you hear Mr. Rowe say any- thing about Father Duffy and Mr. Flanagan being then in his house .'' (Objected to.) A. I did. i04 TESTIMONY Of RidHARt) HALtlNE. Q. Where did lie say they were ? i ; ; i a u i, A. He said they were in his l:)ed,^find came for injeiij;, the hall- way, and asked me to come in and see them both sleeping. Q. Did you go in ? A. Yes, sir. Q. Did you see them ? A. No, sir.. Q. Did he go in with you ? ^- Yes. :^. f, . ;,,.,,,;;>_(; :,!i?^ :;,,U ,;> Q. What did you say to him, when you and he got in his room ? A. I said they looked well. r- ■ ■ Q. State what else ypu said, or he said ? A. He didn't say no more, but came out,- j .^ ,,, , ,^ * Q. You said that you came out to Patrict Rovye's place in answer to a telegraph message in, th^' FQek.. before Thanksgiving : were you in New York the weei; before " you got that telegraphic message to come out here ? A. Yes, sir. , ■;. .;>,,<, !^ ^.■, Q. Did you see Father Duffy in New York .that week ? A. I did not — ^not the same week as the4i(Sp^tch.. , ; Q. Did you see him in New York the week before you? got the dispatch ? A. Yes, sir. Q. Where did you see him ? A. At 56 Elm street, - j ,- , .; ,, > ,,, Q. What day of the week was it that ypa sxwhim there ? A. On a Thursday. Q. What time of day ? A. The night-time. ^ , ^ ;^; ^..,^ ^^ -^. . .;, Q. What time in the niAt, as nearly as you can tell? ., ° .' V^ ^ A. It was between eight and eleven, ,; _ ^ ^ .. Q. Did he say anything to you at that timej and, ,if he did, tell us what he said to you, and what answers you made ? , , . ,. A. Asked me how I was getting' along^— how Was my brothers; I said they were well. . ^ ,_■ Q. Tell us what else was said, if anythinjg,.? ,; , - A, He asked me if my brothers belonged io * a' 116 Gociety. Q. What did you say ?" A. I said yes. Q. What else did he ask you ? ^,,_, i^^ A. He asked me about my brother in ZanesvIUeJ Ohio, TESTIMONY OF BICIIAIID HA],riNi;. 105 Q. What did he ask you about him ? /^ A. If he belouged to the same society— not the same , '' society, but one similar ; he asked me how I came to know about him belonging to the society ; I said I heard so. Q. Did he ask you liovv you were getting on in your business ? (Objected to, as leading.) A. He asked me how was work ; I said it was pretty brisk, Q. Did he ask you what business your brother was in ? (Same objection.) A. Yes, sir. Q. What did you tell him ? A. I said he was Secretary of the Gas Company in Zanesville, Ohio. Q. Did he ask you about your other brothers and sisters ? A. Yes, sir. (This examination objected to, as irrelevant, tending to consume time. Q. What did he ask you about them ? A. How long since I heard from them ; I said about * two years. Q. Did he ask you how many brothers and sisters you had.? A. He did. Q. What did you tell him .? A. Three brothers and one sister. Q. Did he ask you where they lived "^ A. Yes, sir ; I told him my brother and sister lived in London, England. Q. Did he ask you how they were oif, or how they were getting along .? (Objected to, as leading.) A. Not as I remember. Q. Who was by when he was having this talk with you ? A. Mr. Eowe. Q. Which Mr. Kowe ? A. Patrick Kowe. Q. What did Patrick say "^ A. He said I would not tell him imtrue any question he asked me ? , - Q. Did you drink with Patrick that night ? A. I did. . Q. How many times did you and Patrick drink ? A. I drank three or four or five different times ; that is, Mr. Eowe and me and the company. Q. Who was the company that drank with you ? 14 106 TESTIMONY OF KICHAKD HALPINE. 117 A. Couldn't say the company ; Mir. RoWe drank ; so did Father Duffy. Q. Were you at Patrick Rowe's store the next night after that ? A. Yes, sir. Q. Did you see Father Duffy there that night ? A. No, sir. Q. Did you inquire for him .'' A. I inquired of Mr. Rowe. Q. What did Mr. Rowe say ? A. That he went out to see a genderaan ? Q. Did he say what gentleman he had gone out to see ? A. He did not. Q. Did Patrick tell you anything about a will that night ? A. He did ; he said that he had settled his business, saying that he had made his will on that day, and didri't forget me. Q. Did he say anything about where he was going the next day ? A. Not as I remember. ' Q. What time that evening were you there, as near as you can tell ? A. Seven o'clock. ' Q. How long did you stay ? A. I stopped about half an hour. "■ Q. Were you at the store next day— Saturday ? (Objected to, as leading.) A. Don't recollect ; don't think I was. , Q. That evening when Patrick had told you he had made his will, did you and he have a drink over it ? A.' Before. Q. How many times did he drink there that evening, when you and he were there .'' A. Once. Q. While you were there that evening, when he told you about the will, did you see any one you knew ? A. There was no one in the store at that time. Q. Did anybody come in before you left, that you remember of ? A. There did. Q. Who ? A. My brother, Newshan, and his cousin. Q. What Newshan— what's his first name ? A. Didn't hear his name ; got an introduction t6 him as his cousin. Q. Who gave you the introduction ? 118 A. Himself; that is, Sidney and I intro^iuce^ hin^ tq my brother. TESTIMONY OF RICHARD HALPINE. 107 Q. Then, you mean that Sidney Newshan introduced his cousin to you. A. Yes. Q. Who left there first, you or Sidney Newshan, that evening ? A. We left — the three together. Q. VVhat three? A. Sidney Newshan, his cousin, and my brother — us four. Q. Where did you go to ? A. Went up Broadway. Q. Where did you leave Newshan that night ? A. On the comer of Broadway and Oanal street. Q. Were you out here at Patrick Kowe's place, during his last sickness ? A. Yes, sir. Q. How much of the time ? A. The first time I went there I remained from Sat- urday ilntil.Mojiday, during his kst sickness ; that was about September, about the 1st or so — might have been before. ,Q. Were you out to, Patrick Eowe's place a few times last summer and fall, or a good many times ? A. I was out several times ; couldn't say exactly how many times ; was out pretty often in the summer ; that * is, about July. Q. Last summer, or in September before he died, did he say anything to you about his will ? (Objected to, as irrelevant and incompetent.) A. Yes, sir. <3.-Tell how long it was before he died, as near as you can ? A, About a week or eight days ; 'twas on Saturday. Q. Whereabouts was he when he told you ? A. Iji the hall-way at his private residence at Morris- ,to^n. Q. Was there anybody by at the time ; and, if so, who ? A. Jather Dufiy. Q. Just, tell us how the talk began ? (Objected to, as incompetent and irrelevant.) A. I cameto Morristown from New York; I had a valise along and a basket of peaches ; I bought the peaches in New York, and put them in the valise ; when (I,csime in we had a shake hands ; also, with Father Duffy ; he said that he felt happy ; that he would feel happy if I should remain along with him for one week, at least ; that I was killing myself running back and 119 forward from New York to Morristown ; that I should ,be .with him oftener only on account of getting into business — I said tliis. "108 . TESTIMONY OF EICHAED HAtPINte. Q. Go on with your conversation ? A. That he knowed if I didn't take care of business, it would not take care of me. Q. Who said that ? A, Patrick. ' Q. Go on with your conversation "^ A. He said I was always complaining about my busi- ness, and I had no occasion to do so ; that he left me as much, and if not more, than I should spend in my life ; and. Father Duffy, you know that. Q. What did Father Duffy say to that, if any- thing ? A. Nothing ; I told Mr. Kowe it was time enough to talk about that, twenty years from now. Q. At or near that time, did Father Duffy say any- thing to you about Patrick's will "? A. He told me the will was made about twelve months. Q. What else did he tell you about it, if anything .? * A. He told me that he considered me, and Mr. Rowe considered me, a short liver, and did not want to leave me much money ;' I asked him why ; he said he did not want one dollar of that money to go to any one belong- ing to me, after my death. Q.. Where did you and Father Duffy have this conver- sation ? A. Out on the lawn ; that is, outside of the hall- door, in the carriage-way. Q. Down at Patrick Rowe's place ? A. Yes, sir, Q. Was Patrick Rowe present at the time when this talk took place between you and Father Duffy ? A. He was not. ' : Q. About how long before Patrick died was that ? A. The week previous to his death,- or eight days. Q. Was it before or after Patrick had told you he haid left you as much as you could spend .? A. After. 120 Q. At, or near that time, did John Flanagan give you any caution, or tell youtake care about anything ? A. He did. Q. About ho.w long before Patrick died, was ft .? A. Not quite two weeks before his death. Q. Where was Mr. Flanagan ? A. In the bed-room, or at the breakfast-table; I think it was at the breakfast-table. Q. Patrick Rowe's house ? A. Yes. Q. What did Mr. Flanagan say to you .? A. He said to be careful that no person should come TESTIMONY OF EICIURD HALPINS. 109 there with papers, in case Patrick should Sign it ; that that was the way the heirs was done out of their property. Q. Did he say who he feared might come there with papers ? A. No, sir. Q. Did he tell you what you should do if anybody came there with, papers .'' A. To be careful and watch Mr. Kowe. Q. Watch him for what .'' A. I suppose in case of signing it. Q. Did you hear Flanagan say anything about the* , sale of Mr. Rowe's farm ? A. Not at that time. Q. Did you at another time ? A. About fifteen days before Mr. Rowe's death, Q. Where was it ? A. It was in the yard. Q. What yard? A. Mr. Rowe's, Q. What did Mr. i^'lanagan say about the farm, then.^ A. Mr. Flanagan told me he wanted to speak to me ; -Mr, Flanagan said he didn't think Mr. Rowe would get over his sickness ; I told Mr. Flanagan I thought of him dying no more than myself ; there was no more danger of him dying more than myself ; he said that if he got well, he would get Mr. Rowe to sell the farm. Q. Did he say wliy he would get him to sell the farm .? A. -No, sir. Q. Did he say why he thought it would be better for Mr. Rowe to sell the farm ? (Objected to, asleading.) _ A. He did not. Q. Did Patrick Rowe ever tell you, or did you hear him say, where he had been on Christmas Day, 1866 .? 121 A. He did. Q. Did he say where he had been ? A. I knew-^he had told me before — to Christmas with " Father Duffy, at Thompsonville, Connecticut. Q. Did you see him soon after he got back ? A. Yes, sir ; it might have been two, three, or four days after Christmas. Q. Where ? A. 56 Elm street. Q. What was he doing there ? A. Sitting in his store. . Q. What was he talking about ? A. Said he had a very pleasant time up there, and while he had- been away, got a very nice and hand- 110 TESTIMONY OP RICHAKD HALPINK. some present ; some persons sitting in the place wanted to know what that present was ; he told Michael J. Diery to go to the safe and get it ; Michael brought it out from the safe, and took it out of the hag, handed it to Mr. Kowe, and said it was a gold watch ; one of the party who was sitting there said it was a nice present ; he said yes, that he had two watches of his own ; per- * haps, if he wanted it he wouldn't get it. Q. Did he say what two watches he had ? A. One of his brother's, and one of his own. Q. Did he say whether he had wanted this watch or not ? A. That was all that was said. Q. Did Patrick Eowe say Avho had been up to Thomp- \onTille with him ? ''..A. Mr. Flanagan. Q. Did you ever see Patrick Kowe write ? A. No, sir. Q. Do you know whether he could read writing .'' A. I seen him looking at writing. Q. Do you know whether he could read it when he did look at it ? A. It was a small bill of repairing rakes or forks, or small articles — ^farming utensils. Q. You haven't answered my question yet, Richard, whether he could read writing or not ? A. I cannot say. Cross-examination by Mr. Pitney : Q. Have you ever seen any of these telegrams that you sent from Mr. Rowe's house, since you sent them ? (Objected to.) 122 A. On one occasion I saw one Mr. Pitney. Q. Where did you see it ? A. In the store in Elm street. Q. . I mean the paper which you wrote and handed in to the telegraph-office here in Morristown ? A. I seen the dispatch in New York. Q. Did you write a dispatch here in Morristown, or did you not ? A. I did. Q. Whereabouts were you when yoa wrote it ? A. In the telegraph-office. Q. Have you ever seen that paper since ? A. Not to my recollection. Q. Haven't you seen it here, in town, in Mr. Vanatta's hands ? A. I have seen a dispatch ; can't say this is the one ; it was something similar to what I wrote. Q. Did it look like the one you -wTote .'' TESTIMONY OF EICHARD H ALPINE. HI A. I didn't examine it. Q. Did Mr. Vanatta read it over to you ? A. Mr. Leverty, I think, did.- Q. Which Mr. Leverty ? A. Michael. Q. Is that the gentlemen sitting there, now ? A. Yes, sir. Q. Did he tell you where he got it ? A. It was I that went to the office and inquired for * the dispatch — the copy. Q. How many did you get ? A. I didn't get them. Q. Who did get them ? A. They were handed him ; I suppose so — I can't say. Q. Were you by when they were handed to him ? A. I was not. Q. The question, then, is again : Did Mr. Leverty tell you where he got that dispatch ? A. I went to the telegraph-office and asked for them ; told the clerk in the office to give them to Mr. Leverty. Q. How many dispatches did Mr. Leverty have that he got out of the telegraph -office down here ? A. Two or three ; don't recollect of seeing more than one ; didn't look at them. Q. Did you ever carry any other telegraphic dispatches from Mr. Kowe's house to the telegraph-office here in Morristown, except the one you sent yourself ? A. Not from Mr. Eowe. Q. Please to answer the question. A. The one I sent — no more. Q. Were you here in Morristown when Edward Rowe died? A. I was not. Q. Were you here the same day after Edward died ? 123 A. Yes, sir. Q. How soon after Edward died did you get here ? A. Eight o'clock on the following Tuesday ; next day — that is, in the afternoon. Q. What did you mean, then, by saying you were here the day he died ? (Objected to, as misquoting the witness.) A. If I said so, it is a mistake. Q. How did you happen to co me out here tue day after Edward Eowe died .'' A. To attend the funeral. ; Q. When you went to Bridgeport with Edward Rowe, did you see anything of Father Duffy there ? A- Yes, sir. -|^j2 TESTIMONY OF EICHABD HALPINE. Q. How did you happen to see him ? A. At Mr. Leverty's house. Q. Who went with you, besides Edward Kowe i A. Arthur Dougherty. Q. Anybody else ? A. No, sir. . ,^ . -xu Q. Did Edward l^we's mster Margaret go with you ? A. She was tW® ^fwe. - , » Q. Did you expect to see Mr. Duify before you started .? A. Yes, sir. Q. Did you ever know him before that .'* A. I think not ; that was my first introduction. Q. You say you expected to see him there before you went : why did you expect to see him ? A. Edward Eowe told me I would have the pleasure of seeing Father Duffy. Q. When did he tell you that ? A. A few days before going away. Q. Did he tell you he was going to see Father Duffy? A. Not in particular. Q. Is that the only time that Edward Rowe ever went up to Bridgeport visiting .? A. Not as I am aware of ; I think he told me that he was up there some ten or twelve days before that, and left his sister Margaret at Mr. Leverty's house. Q. Did you ever see Father Duffy at Edward Eowe's before that time ? A. Not to my recollection. 124 Q- Had you ever heard of him before that time 7 A. Yes. Q. How and where "^ A. From Mr. Rowe. Q. Which Rowe ? A. Edward ; and might heard from Patrick. Q. How did Edward and Patrick happen. to be talking about Father Duffy .? A. I never heard the two speaking about Father Duffy. Q. How did Edward come to be talking about him ; I mean at other times besides this Bridgeport occasion .'' A. On one occasion I called there, and a gentleman came in and asked when he had seen Father Duffy, or had heard from him. Q. How long before you went to Bridgeport was that ? A. This was after. Q. I was inquiring about conversations prior to your Bridgeport visit 7 A. Didn't hear none prior to the Bridgeport visit. TESTIMONY OF RICHARD HALPINE. 113 Q. You did say you had heard of Father Duffy from Edward Kowe before that time ? A. Not to my recollection. Q. Are you mistaken in that ? A. Yes, sir. Q. Didn't you know that Father Duffy was main- tained in coUege, in Baltimore, by Edward Eowe, and * spent his vacations at Edwai'd Eowe's house ? A. No, sir. Q. When did you first learn that ? A. I heard Father Duffy say so myself. Q. How many times did you see Father Duffy at the store the week you say the will was executed ? A. Once ; the night previous to the execution of the will. Q. How often were you at the store the week the will was executed ? A. Three, or four, or five different times. Q. What day did you first go there ? A. Can't remember. Q. What time in the day ? A. Generally at night. Q. I mean the first time you went there that week ? A. Can't positively say first day ; some days I might hot be in at all ; some once or twice ; might go in pass- ing by. Q. If you were there three, or four, or five times that week, was it before or after the will was executed you were there so often ? A. I was there before. Q. Where were you at work at that time ? 125 A. No. 3 Koosevelt street. New York. Q. How far is that from Elm street. A. Three, or four, or five blocks ; you can cut across. Q. How did you generally go to gat there ? A. From corner Chatham, Worth street into Elm, Baxter, Worth to Elm. Q. Are you a married man ? A. No, sir. Q. Did you'live and board in the same house where your shop is ? A, Yes, sir. Q. Do you go out to work at plumbing, or confine yourself to your shop ? A. Goes out to.work. Q. Did you see Patrick Kowe every time you were at the shop, the week the will was executed ? A. Don't recollect every time. 15 114 Testimony of eiChaSD halPine-. Q. How do you fix the day of the week the will was executed on ? A. By Patrick Howe's telling me. Q. You and he were alone at that time, I understand you to say ? A. Yes, sir. Q. How does that make you recollect the day of the week ? A. By his telling me he remembered me in his will. * Q. What has that to do with the day of the week ? A. On account of he telling me. Q. He could tell you just as well on a Tuesday or a Wednesday as he could on a Thursday, couldn't he ? A. That is, if he pleased. Q. What day of the week did he tell you the will was executed on ? A. 'Twas on a Friday. Q. Now, the question is, how are you able to tell here to-day why it was on a Friday, rather than on a Thurs- day or Saturday, or any other day ? A. Because my brother called there. Q. And how do you know your brother called there on a Friday ? A. I was there on that evening. Q. That is the very question : How do you know it was on a Friday, rather than any other day ? A. Because my brother called there as he was going to attend to his meetings on that night ? Q. What meetings ? A. Masonic meetings. Q. You heard Sidney Newsham sworn here, didn't you? A. I wasn't here when he was sworn — not in court. Q. Wasn't you here all day yesterday ? A. I wasn't here at the opening of the court. 126 Q. Didn't you sit here — -over there in the seat— iilmost all day yesterday ? A. Yes, sir. Q. Haven't you heard one of the Mr. Levertys, or Mr. Vanatta, say that that will was executed on a Friday ? A. I did hear them say so. Q. Didn't one or all of them tell you that it was dated on the ] 6th, and that brought it on a Friday ? A. No, sir ; but I told them it was dated on a Friday. Adjourned until Friday, 24th, 10 o'clock, A. M. TESTIMONY OF EICHAKD HALPINE. 115 Friday, 10 o'clock, A. M. 7 'v' ^ Evidence resumed : ^, Richard Halpine recalled on cross-examination : /e^ , ' Q. "What was Patrick Eowe's business ? A. Attending bar. / ■' Q. For his brother Edward ? A. Yes, sir. Q. You always saw him engaged in attending, when you visited there, did you ? * A. Not all times. Q. What else was he engaged in, besides attending bar ? A. Can't tell ; I've been there when he wouldn't be there. Q. Where would he be ? A. Don't know. Q. Do you mean he would be out around the city somewhere ? A. Out on business, most likely. Q. Do you know what wages he got ? A. Don't know as he ever got any. Q. Where did he board ? A. Don't know. Q. Where did Edward Rowe board ? A. Don't know that he had any particular place to board. Q. Weren't you pretty intimate with them ? A. Yes, sir. Q. How is it that you can't tell us where they boarded ? A. I understood they went out to take their meals. Q. Did Edward Rowe ever keep house ? A. He did. Q. Whereabouts ? A. 56 Elm street. Q. When did he quit keeping house there ? 127 A. He kept till the time of his death. Q. Who kept the house for him .'' A. I don't know. Q. Did Patrick Rowe ever keep house ? A. In Morristown. Q. How long did he keep house in Morristown ? A. I should say six or seven years, ■ Q. Did he go down to New York every morning, and back at night, during that time ? _ 5>^^ A. Never knew him to go to New York from the time ^ he came to Morristown, until his brother's death, to the /ft^ funeral. ■'/. Q. What was the state of Patrick Rowe's health at the time he moved to Morristown ? 116 TESTIMONY OF RICHARD HALPINE. A. Very poorly. Q. What was the matter with him ? A. A sprain of the ankle, or break of his leg. Q. How long before he moved to Morristown had his leg been in that condition ? A. I should say from four to six months,^ to the best of my knowledge. Q. Wasn't it nearly two years ? A. Not as I am aware of. , Q. Had he been able to walk at all from the time he injured his leg, until he came out to Morristown ? A. Not as I am aware of. Q. Wasn't he confined to his bed and his room from ihe time of the injury, until he moved to Morristown ? * A. I paid a visit there on several occasions, in the night-time, and he was in bed. Q. What time of night ? A. Eight or nine o'clock, or so. Q. Do you mean to say you didn't visit the house, 56 Elm street, during the time that Patrick was suffering from his injured leg, except in the night-time ? A. I might have been there, and made inquiries about his health. Q. You know perfectly well, don't you, whether or not, he was able to move about with that injured limb, or whether he was confined to his bed and room, or not, previous to his moving to Morristown ? A. The first time I heard of his moving to Morris- town, I heard he was taken in a coach to Hoboken or Jersey City ; I think Jersey City was the depot at that time. Q. Can't you tell us whether or not, from the time his leg was injured till he moved to Morristown, ihe was con- fined to his bed and room. A. I can't tell whether he was continually confined to .his bed and room or not ; it may have been ior three or 128 four days to a week ; I may not have been there during this time. Q. He got all over that lameness pretty shortly ? A. I seen him walking on crutches in Morristown. Q. While you were here in November, 1866, with Sid- ney Newshan, did Mn Eowe have anything to drink ? A. He did. 'J^i^ . Q. What did he drink .? A. Couldn't say if it was gin or brandy. Q. Where was the liquor kept ? A. In a small closet in his bed-room. Q. Did you see him drink ? A. Yes, sir. Q. Did you and Newshan drink with Jiim .I* TESTIMONY OF EIOHARD UALPINE. 117 A. He brought Newsham a drink and gave it to him ; N^wsham took it, tasted it, and afterwards handed it to me, and afterwards found it was sugar and hot water. Q. Is that the only time you and Newsham had any- thing to drink during the time you was at Rowe's house in November ? A. We had something to drink, occasionally. Q. Was it always sugar and water ? A. That was the only time— of sugar and water. Q. Did you help yourselves to drink, or did Mr. Rowe * invite you to drink ? A. We went afterwards to the bedroom ; Mr. Rowe was standing in the closet, and he. brought a bottle out, and left it on a box, and said to help ourselves. Q. Did you help yourselves after that ? A. We did. Q. Was the bottle refilled while you were there ? A. Not as I can recollect. Q. Did you see Mr Rowe drink gin, or brandy ? A. We asked him if he would have some at that time ; he said that he just had some — that he wouldn't drink. Q. Question repeated. A. We asked him to drink ; he said he had just had some. Q. Did you see Patrick Rowe drink gin, or brandy, or any other spirituous liquor, at his house, in November, 1866, or the first three days of December, 1866 ? A. I did ; in November. Q. When ? A. In the night-time. Q. How often ? A. I seen him once or twice. Q. Whereabouts — in what room ? 129 A. In the closet. Q. Was Newsham there ? A. Yes, sir. Q. Did he see it .? A. He must have seen it ; he was standing in the hall-way, with the door on and open. Q. How often did you and Newsham drink at Rowe's house in November, 1866 .-' A. We might have had one or two drinks. Q. Newsham didn't get drunk, did he ? A. No, sir. Q. You didn't get drunk ? A. No, sir. Q. Newsham is not in the habit of getting drunk, is he ? A. Not as I am aware of. Q. And you are not in the habit of getting drunk, are you? 118 TESTIMONY OF KICHAR0 HALPINB. A. No, sir. Q. In Patrick Rowe's last illness, when you were out there so often, was there any spirituous liquor accessible at thab time ? A. There was. Q. Did you drink any then ? A. Yes. Q. Did you get a little intoxicated at any time in * Patrick's house, before he died ? A. No, sir ; never got drunk ; I didn't drink oftener than the company that was there present. Q. One night, shortly before Patrick died, do you recollect of falling down in the hall at his house ? A. No, sir ; I never fell in the hall ; I recollect that the mat caught my foot as I was going out of the door, and I kind of stumbled. Q. Did you fall ? A. Merely stumbled — didn't fall ; might have fell on my hands to save myself. Q. You hadn't been drinking any that night, had you ? _ -_ A. Had had a drink ; might have taken a drink or two ; the drinks I have taken the Rev. William E. Duffy would bring me a drink as I lay on the sofa, to try to make me sleep. Q. Then when you sat up, I suppose you took a drink to make you stay awake, didn't you ? A. No, sir ; Patrick Eowe was very careful of his liquor, and said he wanted to save the liquor. Q. How do you know Patrick was careful of his lipuor ? A. He told me so. Q. Did he tell you he didn^t want you to drink too 130 much of it ? A. He always told me to help myself, if I felt inclined to have any. _ Q. Was the liquor kept under lock and key during his last illness ? _A. The liquor was kept in the store-room ; there was private keys for the liquor. Q. You mean a key to the faucet in the barrel. A. Yes, sir. Q. Did you have possession of that key ? A. I did, on one occasion. Q. How did you get it ? A. Mr. Eowe gave it to me. Q. How long did you keep it ? A._ He gave me the key, and told me to fill two bottles; this is the first time I ever saw the key ; I have seen the taps in the barrels, but not the keys ; I had no TESTIMONY OF RICHAKD HALPINE. 119 recourse to the room, only seldom ; never saw no barrels of liquor there until after the first of May ; came to Morristown ; generally took some liquor along, sent by me from 56 Elm street ; there never was a large quan- tity of liquor at Mr. Eowe's, to my knowledge, before May last. Q. I'm inquiring about the last sickness of Mr. Rowe —didn't you get the key of the tap out of his drawer on » one occasion ? A. I did, to draw soma liquor ; can't recollect whether it was morning or evening-— what time in the day. Q. How long did you keep it ? A. Left on that afternoon or night for New York (or next morning, don't remember which) ; found the keys in my pocket in New York ; think I came bdck the next day, or day after, to return the keys ; when I arrived in Morristown, I asked Father Dufi'y if he missed any- thing ; he said he did not ; I took the keys out of my pocket and showed him ; said I made a mistake in bringing the keys with me, and thought to send them by express, only on account of me coming soon ; Mr. Duffy said they did not need them. Q. Did Patrick ever take the key away from you, and tell you you were drinking too much ? A. He did not. Q. Didn't he tell you you were drinking too much there ? A. No, sir ; nor no other living man. Q. Do you recollect, one night when you were attempting to watch with Mr. Rowe, that you alarmed 131 the house, saying Mr. Rowe was dead ? A. I did not ; on the night alluded to — I will explain : on the same night as the death of Patrick Rowe, as near as I can remember. Doctor Flagler came there — that is, the 28th of September ; Doctor Flagler came theie on a visit ; it may have been ten o'clock, or a quarter past ten, the Doctor came there — about this time ; I was •tanding on the front-stoop of the house, by the hall- door ; the Doctor said to me, " Good morning, Richard." "Good evening, Doctor." "How is my friend, Mr. Rowe ?" " Doctor, pretty poorly, I think." The Doctor and me came into the bedroom ; Hugh Lynch was sit- ting there ; John Silvey of New York (I think that's the name), a particular acquaintance of Mr. Rowe ; James Dufiy, of New York, a brother, I believe, of the Rev. William E. Duffy; I believe a niece of his might not have been there at the time, might have been in the hall- way; I think there was a lady of Morristown there— Mrs. Robertson was her name, I think ; lives in South street, near Elm ; at the time of the Doctor and me coming m, 120 TESTIMONY Of BICHARb BAUPINfi. * the Doctor spoke to Mr. Rowe, and I don't believe that he recognized the Doctor for a few minutes ; at the .same time, Mr. Rowe laid on his left side j the Doctor spoke to him, and when he recognized the Doctor he made a motion to sit up in the bed at the same time ; "Doctor," Mr. Rowe said, " Doctor, for Christ's sake, can't you do something for me?" at the same time, I don't know whe- ther Doctor Flagler made any reply to Mr> Rowe or not ; he took a glass, can't recollect the name (it's a doctor's instrument), went to a small vial, drawed up a charge ; could not say how much, but recollect it was more than I ever seen used before ; the Doctor came, I took the light, and Pf; trick Rowe was laying at this time, on his back, and give him the charge on his left breast, where I now lay my hand, to the best of my knowledge ; hefixed the clothes around him in the bed ; Mr. Flanagan in- vited the Doctor to come and have some supper. Q. That was the night he died, wasn't it ? A. Yes ; the identical time ; the Doctor might have 132 remained in the dining-room three-quarters of an hour, an hour, or an hour and a quarter ; Mr. Flanagan and the doctor came into the room together ; don't recollect seeing a prayer-book in Mr. Flanagan's hand thai; night ; think it was brought by Edward Rowe, (the farm boy) ; Doctor Flagler sat on the edge of the bed, put his hand on Patrick Rowe's neck or breast, can't tell which ; we got on our knees and said the rosary ; just at the time we finished the rosary, or prayers. Dr. Flagler rose his hand, and said he wanted his man to' come in and see Patrick Rowe dying ; also, the ladies that was there ; Eddie Rowe went out first ; I came out after him, and I said, " Oh I oh ! he is gone." Q. My question referred to another occasion entirely — when you were watching Patrick Rowe in the middle' of the night, several days before he died, and when the rest of the family (the rest of the inmates of the house) were asleep : the question is, whether you did not wake up the inmates of the house, and tell them that Patrick •R6we was dead — about half-past one o'clock in the morning ? A. I did not. Q. You say you did not, on any such occasion, wake up any of the inmates of the house in the middle of the night, and gave them to understand that Mr. Rowe was either dead or dying ? A. I did not. Q. Sure of that, are you ? A. Certainly, sir. Q. On one occasion, seven or eight days, or something like that, before Patrick Ro^e died, while you • were TESTIMONY OF KICHAED HALPINB. 121. waiting hy his bed in the middle of the night, when Father DuiFy was lying asleep on the lounge in the hall, and the other inmates of the house were in bed asleep, did you not come out suddenly and arouse Father Duffy, and say that Patrick Kowe was dead or dying ? (Objected to, as irrelevant and immaterial.) A. I did, on one occasion ; I am not certain whether it was seven or eight days before he died ; Doctor Flag- ler was there, and left orders not to allow Patrick KoWe to lay on one side very long ; this night Father Duffy and me, whatever night it may be (it's the only night 1 133 can recollect), I told Father Duffy if he wished he could take a sleep, and I would watch Mr. Kowe ; Mr. Duffy said he would ; in case Mr. Kowe would go to sleep, and if there was any hard breathing, to call him ; I imagined there was some ; did call Father Duffy ; he came, and, I think, turned Mr. Kowe. on his back, or else on his side, and said my dear, or poor soul, you feel very weak ; don't recollect of calling any other person in the house. Q. On that occasion did you not throw yourself on Patrick Kowe, and fall to kissing him ? A. Not that I recollect of ; Patrick Kowe was more in the habit of kissing than I was ; saw Father Duffy kiss him on several occasions. Q. Now, on this last occasion, wern't you very drunk .'' A. No, sir ; not a man living can ever say I was drunk ; I defy the world for it. Q. Didn't Patrick Kowe, on that occasion, after the inmates of the house had come to his bed, call you a drunken fool and a drunken goose, for alarming the house, and telling them he was dying ? * A. He never did, to my knowledge. Q. Didn't you get drunk there on several occasions, while you were there at his house, during his last illness ? (Objected to ; irrelevant.) A. No, sir. Q. Did you write this dispatcji yourself, that you sent to New York ? A.' Yes, sir. Q. And who carried it to the office ? A. I wrote the dispatch in the office. Q. Then, in the evening, after you got up to Patrick Kowe's house, you came up town, did you ? A. Yes, sir. Q. How did you come up ? A. I walked up ; don't recollect ; rode up occasion- ally. Q. On what kind of terms were Edward and Patrick Kowe ? 16 122 TESTIMONY OF BICHAKD H ALPINE. A. Always on good terms, so far as I knew of. Q.' Did you ever hear them quarrel ? A. No, sir ; they were not quarrelsome men to my knowledge. Q. Where did Patrick generally sleep ? — ^up stairs or down stairs ? A. Down stairs. Q. And where did the rest of the family sleep ? "A. J)on't know as Mr. Eowe had any family more than himself, besides his help. Q. Who kept house for him ? 134 A. For three, four, or five years, Catharine Lynch ; that is who I always called his housekeeper. Q. You said that you thought Patrick Eowe would live twenty years : did you think so ? A. Merely mentioned of his lifetime — it was merely a word expressed — ^it was my feeling ; I should have been very happy to see him live so long. Q. Were you in 56 Elm street on the 16th of No- vember, 1866 ? A. Yes, sir. , Q. What time in the day ? A. About evening ; between five, six, or seven o'clock. Q. How long did you stay .'' A. Half an hour, three-quarters, or less. Q. Who did you see there ? A. On the 15th ? Q. I inquired about the 16th. A. Might have staid half an hour or three-quarters ; . did not stop. Q. AVho did you see ? A. Patrick Eowe. Q. Did you see Father Dufiy .'' A. No, sir. « Q. Didn't you see him thera that day ? A. He was not there that (my, that I am aware of. Q. Were you in 56 Elm street in the month of April, 1867 .!> A. Often visited there. Q. Do you recollect of being there in the month of April, 1867 ? A. I was there occasionally during the time the store was kept there, off and on. Q. Did you see anything of Father Duffy in 56 Elm street at any time after November, 1866 ? A. I might have seen him on different occasions ; knowed he wasn't there for some timej can't fix the time for any particular time. *. Q. Can you tell any particular time that you saw Father Duffy at 56 Elm street a,ftef November, 1866 f ^TESTIMONY OF EICHAEt) HALPINE. 123 t A. No, sir ; I have seen him on several occasions there. Q. Can't you give us some occasion — some particular holiday, or feast, or something of that kind, when you saw him at 56 Elm street, after November, 1866 ? 135 A. I think about that time that Father Duiffy was there, I heard him advise Mr. Eowe to rent the store on the next comer below. Q. What time was that ? A. It was some time before May ; I can't fix no par- ticular time to it. Q. Did you ever see Father Duffy at 56 Elm street before November, 1866 ? A. Yes, sir ; on different occasions. Q. Tell us some one occasion ? A. Can't tell as to no exact time. Q. Tell us as exact as you can ? A. Cannot say what time. Q. Can you explain to us how it is that yoU can re= collect the dates of the 15th and 16th of November, and can't recollect any other date at 56 Elm street ? A. By the question Father Duffy asked me about my brothers and sisters. Q. Is that the only time that Father Duffy ever talked with you ? A. Spoke to me about my business on different occa- sions ; I would say pretty brisk, slow, or some other remark. Q. Where did you sleep on the night of the 16th of November, 1866 ? A. 3 Eoosevelt street, New York. Q. How late that night did you see Newsham ? A. I should think the time I seen him was six o'clock ; * it may have been later ; I know it was after my working hours. Q. Do you know where Newsham went after you left him? A. He said he was going to meet a friend, or some- thing like that. Q. Whereabouts ? A. I think he said in Canal street. Q. Was Newsham sober ? A. Yes, sir. Q. Was his cousin with him when you parted ? A. Yes, sir. Direct-examination resumed : Q. Was William E. Duffy at Patrick Howe's when he died ? A. No, sir. l24 TESTIMONY OF BtCSAED HALPINE. Q. How long, before he died, did he go away from his house ? A. On the morning previous to his death — on the 136 Saturday morning before he died — in the evening. Q. Where did he say he was going ? A. To Thompsonville, Connecticut. Q. When did he come back to Patrick's house ? A. Don't know. Q. What, if anything, did he take away when he left on that Saturday morning ? A. Don't recollect if he took anything. Q. How long had he been in Patrick's house before that Saturday morning — ^how many days or weeks .'' A. He must be there from twelve to fourteen days. Q. Was Patrick Eowe thought to be getting better when he left that Saturday morning ? A. No, sir. Q. Was he expected to live until the next day ? A. I cannot say. Q. Were there any relatives of Mr. Duffy there ; and, if so, who were they ? A. 1 think his brother James was there. Q. Is that all ? A. Mr. Flanagan. Q. Is he a relation of Mr. Duffy's ? A. Not as I am aware of — only by marriage. Q. My question was, what relatives of Mr. Duffy was staying at Patrick's house ? A. There was a neice staying there. Q. How long had she been staying there before Patrick * died ? A. As near as I can tell, twelve or fourteen days, or so. Q. How long had James Duffy been there before Patrick died ? A. Not oyer three nights. Q. Do you mean that he was there for three nights before Patrick died ? A. The first time 1 saw that James Duffy was there, it was on Saturday night ; he remained until Monday afternoon ; Mr. Duffy and I went to New York. Q. Did you see James Duffy there before the night on which Patrick died ? A. As near as I can recollect, I did. Q. How long before that night did you see him, and when ? _ A. Two weeks or more ; can't say positively the time. Q. (Witness being shown a paper, he is asked) : In whose' handwriting is the ink- writing on that paper ? TESTIMONY OF ftlCHARt) HALPINF. 125 A. It is mine. Q. Is that the dispatch you sent to Michael Diery from Morristown ? A. Yes, sir. Q. Have you ever seen that paper from the day you 137 wrote it until now ? A. I might have seen the paper, hut did not see the writing ; I have improved in my writing a considerable since that time. Q. Did you pay for sending the dispatch ? A. Yes, sir. (Dispatch offered in evidence, marked, "Ex- hibit I.'") Q. In whose writing are those pencil marks ? A. I suppose the telegraph-operator ; not mine. Q. During Patrick Kowe's last sickness, was there anybody about his house that used liquor, besides you ? A. All that was there used it, with the exception of a few — except ladies ; they might take a little — the same as any other person. Q. Did Father Duify take any ? A. Took a little occasionally. Q. During that time who got the most, you or Father Duffy ? A. Can't say. Q. Who kept control of the keys of the liquor in his last sickness ? * A. I can't say for the last two weeks previous to his death. Q. Who had charge of the keys after you gave them back to Father Duffy ? A. Don't know. ^ Becross-examindtion : Q. Havn't you seen a copy of that dispatch within a week ? A. I might have seen the paper, but not the writing ; don't recollect. Q. Didn't Mr. Leverty go to the telegraph-office this week and get a copy of that dispatch ? A. Not as I know of Q. Didn't you go to the telegraph^office to see it ? A. I did; some time ago. Q. Didn't you go there this week to see it ? A. No, sir. Q. Didn't the man in the drug store get it out and read it to you at any time ? A. He did not. Q. Do you mean to swear that no person—neither Mr. Vanatta, nor either of the Mr. Leverty's, ror the man in the drug store, has told you at any time what is 138 in that dispatch on the table ? 126 . TESTIMONY OF .Rl,CH.Afei) ,H ALfm®. A. I might have heard it read ; don't,kii9^,:yie.date of it ; I know in the dispatqh I didn't dalie^jit. " Q. Who read it to you ? A. It -was Mr. Leverty I heard read it jn Jiis jpwn hand. Q. When? A. Some time ago, . in the winter ,raoaths. Q. Where? ' ' A. I think it was in Mr. Vanatta's office. Q. What.hecame of thejaper after Mr-.Levgjrty r^ad it? ' •^•- ' " ■■' -''■ " A. Don't know. Q. Was it this paper, or a copy of it, that ,Mf ,; Jicverty read ? r A. I dida't see the writing. Q. Didn't Leverty tell you, there, it was a copy, tha,t he had got at the telegraphToffice ? A. He inquired ;for a copy at the office,; jthey told Mr. Leverty they could not igive, him a 'copy, unless I went there and applied for it, Q. Did you go there and apply for it? A. Yes, sir. Q. Did ithey give it to.him,? A. To the best of my knowledge ; I wasn't there at. the * time they gave it to him. Q, You saw the copy in Jtlr. yanatta's office after- ward ? A. Afterward,, with. Mr. Leyescty. Q, Was Mr. V anatta there at the tim,e ? A. Don't recollect, whether he was there at tbat time exactly ; might have been ; think iie..Tvas. ' ' ' ' Q. Wasn't that copy that you saw in.^i"- Yapatta's office, dated November 22d ? A. It was. Bequest is made by counsel for executors to Mt. Va- natta to produce the copy of. the idispStch noyr^on the table. Mr. Vanatta, counsel for caveators,,sa,ys hejtiag no copy of the dispatch that the. witness has eyer seen,, so far as he knows. Mr. Pitney, counsel for executors, requests the coun- sel for caveators to produce the copy of the" dispatch which Mr. Leverty had in .his hands in Mr. Vanatta's office, on the occasion of which the witness has. spoken. Answer by Mr. Vanatta, couttsel for ceiyeatofgi-: I am not aware that I have it ; if I had, I should,p,Q.t produce it now. Q. Which Mr. Leverty was it that had the paper in 139,Mr. Vanatta's office? s , . ," „ ,V' - A. .Michael; Leverty. TESTIMONY OF RtCUAHD flALfliTlS. l27 Q. The young gentleman who sits behind Mr. Va- natta ? A. Yes. Q. Is that one of the young gentlemen that has been here all the time during this trial ? , A. Yes, sir. Q. Is he a son of Michael Leverty ? A. I expect so. Q. Is the elder Michael Leverty here present now ^ A. To the best of my knowledge he is. Q. Isn't the father's name John ? A. I assure you I don't know what his name is. Court adjourned until 21' o'clock, P. M. 2i O'clock, P. M. Case resumed. EicHAKD H Alpine's evidence continued. Recross-examination continued ; Q. You say that Father Duffy went home on Satur- day^ the day that Patrick Howe died : do you know how he came to go home on that day ? * A. To say mass on the next day, which was Sunday. Q. Didn't you understand, at'the time, that he couldn't get another priest to say mass for him, and was obliged to go ? ' (Objected to.) A; Yes, sir. Q; Hadn't he been home one or two other Sundays before that, dtiring Mr. Kowe's sickness ? A. He was not home on the Sunday before Mr. Howe's death. Q. That does not answer the question ; the ques- tion is : Did he not leave Mr. Rowe on one or more Sun- days, and go home to perform divine service ? A. That I cannot say. Q. Was Father Duffy there every Sunday during Mr. Rowe's sickness ? A. Only on one Sunday, that I am aware of. Q. He was there, wasn't he, during the week, for four weeks nearly ? A. That I cannot positively say. Q. How long was you there ? A. I was off and on there for about two weeks— a day 140 now, and a day then; did come out the Saturday night before Mr. Howe's death ; Father Duffy said rriass on the next Sunday. Q. Was you there one Sunday when Mr. Flanagan took Mr. Kowe out riding ? A. No, sir, 128 TESTIMONY OF KICHAKD HALPINE. Q. Didn't you ride with them in the same wagon on that Sunday, during Mr. Howe's last illness P A. No, sir; I rode with Mr. Flanagan on Sunday afternoon. Q. Didn't you go riding in a barouche or open car- riage, with two seats, and two horses, on a Sunday after- noon in September, 1867, Mr. Flanagan driving on the front-seat, and you and Patrick Kowe sitting on the back-seat ? A. Patrick Rowe was not in the back-seat ; I will explain the party that was in the coach on the Sunday aiternoon, as I was riding with Mr. Flanagan ; he asked me to take a walk down town — I think Eddie was along (or he was before, and we overtook him — won't be posi- tive) — for an easy chair in South street, to a house in South street owned or occupied by a Mr. Willis (I think his name is) ; Mr. Flanagan came to the corner of Mar- ket, I think ; Mr. Flanagan said, wait until I come « back from the livery- stables, till I get a wagon or coach, till we take a ride ; we will try and take Mr. Eowe along ; Mr. Flanagan came with the team and coach, and rode from Morristown to Mr. Howe's house ; Mr. Eowe was sitting outside on the front-stoop or platform, and he invited Mr. Rowe' to get in and take a ride with him ; he said he thought he was too weak to get into the coach, and said that some other one should take a ride, besides him — something similar to that ; Michael Diery was asked by Mr. Flanagan to have a ride ; he said he didn't care about going, or didn't want to go ; Hugh Lynch then got in, and took a seat by me on the back-seat, and so did Father Duffy's niece ; don't re- collect her name exactly ; think her name was Catherine or Kitty ; can't say positive ; we drove as far as Madi- son, I think ; perfectly satisfied we went as far as Madi- son, Q. And you are sure Mr. Rowe did not go at all .'' A. Yes, sir. Q. Did Mr. Flanagan and the niece and you ride out more than one Sunday ? A. No, sir. 141 Q. You feel pretty sure of that ? A. Confident, Q. Did Mr. Flanagan and the niece rjde alone on any Sunday ? A, Not as I am aware of, Q. Did Mr, Rowe ride out at all during his last ill- ness ? A. Didn't see him ; heard that he did ride out. Q. You feel quite sure, I suppose, thai this telegram that you sent to New York was sent the night of the TESTIMONY OF RICHARD HALPINE. 129 same day that the telegram in New York was sent to you to come out ? A. To the best of my knowledge it is. _ Q. Why do you say " to the best of your knowledge ?" ain't you as sure of that as you are of any other date that you have been giving here ? (Objected to.) A. Yes, sir. Q. Why, then, do you say " to the best of your knowledge ?" A. I expected the answer would suit just as well as « Yes, sir." Q. You mean to say, then, that you are sure of it ? A. Yes, sir. Q. What lodge in New York did your brother belong to, and where did that lodge hold its meetings ? A. The Manhattan Lodge, I think ; not certain ; * somewhere in Broadway ; can't recollect the number ; think I heard him say 585 Broadway ; not certain to the number. Q. What time in the day was it that you had this conversation with Mr. Flanagan about heirs being done out of their property ? A. I think it was in the morning. Q. About what time in the morning ? A. May be six, seven, or eight o'clock^-say seven and a half. Q. What day of the week ? A. Can't tell the day of the week — 'ion' t remember. Q. Where was Father Duffy the day yourself aijd Flasagan and Lynch had a ride ? A. Don't know. Q. Was he in town that Sunday ? A. He was not. Q. Do you know now where those telegrams are that you received in New York, and left with Michael Diery, 56 Elm street ? A. I do not. Q. Have you heard anybody say where they are ? A. No, sir, ^ Q. Do you know where all Patrick Eowe's letters and 1412- papers are that were at his house when he died ? A, No, sir. Q. Have you heard what became of them ? A. No, sir. Q. Have you heard either Michael Leverty, or his brother from Bridgeport, who have been attending on this trial on behalf of their mother, say anything about getting. possession of some of Mr. Eowe's letters and papers at his house, after his death ? 17 1 So TESTIMONY OF THOMAS B. FLAGLER, M. D. A. Not as I can remember. Q. You feel sure about that, do you ? A. Yes, I do ; don't remember to hear contersation about papers or letters, or anything else. Q. Don't you know now, as well as you know that you are sitting in that chair, that some of the Bridge- port relatives went to the house after Patrick's death, and carried away a large number of letters, tele- graphic dispatches, and other papers of that kind found there ? A. Never heard anything, to my knowledge, about those papers. Q. Never heard either or any of the Bridgeport people say that they had got possession of a lot of papers from Mr. Eowe's house ? A. Don't recollect of it. Sworn before me, ) 3 J KIOHAKD HALPINE. April 25th, 1868, J. W. Ballentine, Surrogate. 142 Thomas B. Flagleb, a witness, called on the part of the caveators : Sworn and examined by Mk. Vanatta. Q. State where you live, and your profession, and how long you have pursued your profession in your pres- ent place of residence ? A. I live in Morristown, N. J. ; been in the practice of medicine here twenty-three years this spring. Q. Did you know Patrick Rowe in his lifetime ? A. I did. Q. Did you attend him professionally ? A. I did. Q. When did you first visit him professionally ? A. October 14th, 1866. Q. Had you any acquaintance with him before that time ? A. I had. Q. But had not prescribed for him or served him pro- fessionally before that time, if I understand you rightly ? A. I had not. Q. Do you know -whether, before the 14th of October, 1866, he had had the services of any physician here at Morristown ; state what you know, if anything, on that subject ? A. I do not know anything myself, except what he ''■' told me about it. Q. What did he tell you upon that subject ? (Objected to, as hearsay.) TESTIMONY OF THOMAS B. FLAGLER^ M. D. 131 A. I think he said to me that he had a sore leg, and had been treated by Kinsey at one time ; and at another time had had severe hemorrhage from the nose, and had been treated by Dr. Augustus Quimby. Q. Did you attend professionally upon Edward Kowe in his last illness ? (Objected to, as irrelevant.) A. I did. Q. How long was he ill in his last sickness ? (Same objection.) A. I was called to attend him on the 17th July, 1866, and attended him until the 23d July, 1867, the day he died. Q. When you visited Patrick Kowe on the 14th of October, 1866, what was his malady ? A. Well, sir, he had delirium tremens that day I ^ was called to him. Q. Did you visit him more than once on the 14th of October ; and, if so, how many times on that day ? A. I visited him twice on that day. Q. Can you remember why you made two visits on 143 that day ; and, if so, why ? A. The only reason why I did was, he was quite bad, and I thought it necessary to see him again in the even- ing. Q. If you visited him after the 14th October, please state, in detail, on what days you made the visits, and how many on each day, — if more than one on any day ? A. I visited on the 15th twice; 16th, twice; 17th, twice ; 18th, one visit ; 19th, one visit ; 20th, one visit ; 21st, two ; 22d, two ; 23d, two ; 24th, three ; 25th, three ; 26th, three ; 27th, one ; 28th, one ; that was all the visits I made Mr. Rowe in October, 1866. Q. Was Mr. Rowe away from his farm between .the 14th of October and the 28th of October, 1866 ? A. I think I told them to walk him on the first day, and I think they walked him down towards New Ver- non ; this was done on one or two occasions. Q. Did he go away from home during that period ? A. No other place than that. Q. Was he at New York dm-ing that period ? A. He was not. Q. Had he any other disease during that period but * the delirium tremens ? A. After the 20th the delirium tremens had subsided, and he complained a good deal of being short ol breath ; couldn't lie down ; I then made an examination of his chest, and discovered that he had diletation of the heart and some oedema of the lungs. Q. Did you observe, during that period of professional services, delusions or illusions ? 132 TESTIMONY OF THOMAS B. FLAGLEE, M. D. A. When I was first called to him, he had, then, hal- lucinations that persons generally have with tremens. Q. What day of the week was your last visit made on ? A. I looked at that ; think it was either Saturday or Sunday ; am not positive about it. Q. Were you paid for those services ; and, if so, when ? A. He paid me on the last visit I made him. Q. Did he wholly recover from the delirium tremens before the 28th, or was he only so far convalescent that 144 your further attendance could be dispensed with ? (Objected to, as leading.) A. He was entirely over the tremens before I left. Q. What condition was he in, in reference to the dis- ease of the heart, with which you found him affected ? A. His symptoms were better — that is, he breathed better, and could lie down ; I gave him pretty active treatment for it. Q. How was his nervous system at that time — ^28th of October ? A. He was calm and quiet at that time, so that he could sleep and go about comfortably. Q. Was his nervous system at that time what you would call in a sound condition, or was it quiet for the time being ? (Objected to, as leading.) A. It was in as sound a condition as a man's could be, having the disease that he had. Q. Can you tell what had caused that disease of the heart ; if you can, tell us ? A. There is so many causes that produce disease of the heart that I could not tell you ; it generally pro- ceeds from rheumatism. Q. In his case did you then attribute it to any defi- nite cause in your own mind ; and, if you did, what was It r (Objected to, as crowding the witness.) A. From his history I got from him, I thought it pro- * ceeded from exposure in his previous habits — the way he had been living. Q. Did you make any prescription to be administered to him for the delirium tremens during that time ? A. I did in the commencement of attending him, from the 14th to the 21st. Q. Did you give any prescription then to the house- keeper, or any other person about the house, to be used for Mr. Kowe in case he should afterwards have an at- tack or symptoms of the tremens ? _ A. I gave no other prescriptions, except the one I had given ; in one of the prescri;ptioij3 the bottle was nearly TESTIMONY OF THOMAS B. FLAGLER, M. D. 133 full ; I told the housekeeper, or some other person, that - that was the best prescription I could give Mr. Rowe for the tremens, and they had better set it away, in case he should have anything like it again, that they would have it to give him ; that was all, if I remember right. Q. When next after the 28th of October did you visit 145 him professionally ? A. June the 2d, 1867. Q. What ailed him at that time ? A. He had another attack of tremens when I called to see him. Q. How long did you continue to visit him daily after the date last named ? A. Until the 6th of June. Q. Did you prescribe for anything, except for trem'-nSy between the 2d and 6th of June ? A. I did not ; except I was guarded in what I gave him, so as not to interfere with his other trouble. Q. When next after the 6th of June did you visit him professionally ? A. On the 8th of June. Q. What ailed him then ? A. He hadn't entirely recovered from the tremens at, the last visit I made him, and I sent him out to walk, and he had gone down in the meadow, as he said, sprained his ankle and knee. Q. Just state what visits you made to him, and when you made them, between the 8th of June, 186 7, and the 23d day of July, 1867, and how many on each day, if more than one on any day ? A. 10th June, one visit ; 11th, one visit ; 12th, one ; ^ 13th, one ; 14th, one ; 15th, one ; 17th, one ; 19th, *• one ; 22d, one ; 26th, one ; 29th, one ; July 1st, one ; 4th one ; 12th, one ; 15th, one ; those are all the visits I made him during the months of June and July, 1867. Q. On those visits in July, 1867, did you discover any symptoms of delirium tremens about him ? A. I don't think he had delirium tremens; on the 4th of July he had been drinking some, and kept it up a few days, and felt the effects of it ; had some symp- toms of it, but not the tremens. Q'. What was his nervous condition at that time ? A. He was excitable at that time— his nervous sys- tem very easily excited. Q. When did you next visit him, professionally ? A. On the 2l8t day of August. Q. What ailed him then? A. He had this heart difficulty all the time, and he had been drinking, and made it worse. Q. Had he anjr symptoms of deliriMm tr^mem- then ? 134 TESTIMONY OF THOMAS B. FLAGLER, M. D. 146 A. He had, for five or six days, if I remember right about it. Q. Just state on what days you visited, between the 21st of August and the 17th' day of September, inclu- ding the latter day, and how many visits a day, if more than one ? A. On the 21st August, two ; 22d, two ; 23d, one ; 24th, two ; 25th, one ; 26th, three ; 27th, two ; 28th, two ; 29th, two ; 30th, two ; 31st, two ; 1st Septem- ber, two ; 2d, two ; 3d, two ; 4th, two ; 5th, two ; 6th, three ; 7th, three ; 8th, two ; 9th, two ; 10th, two ; 11th, two ; 12th, two; 13th, six — through the day and night he was very bad ; 14th, five ; 15th, six ; 16th, six ; 17th, four. Q. What was his condition on the 13th, 14th, 15th, 16th, and 17th September ? A. He was a very sick man — nervous system very weak, of course. Q. How were you treating him during that period ? A. I began to give him — (don't remember the exact day I began, but some day previous to those dates), — I began to give him morphine, called the magendus solu- tion, by a hipodermic syringe, and kept it up until the » 17th, day and night, more or less, with the use of other remedies adapted to his case. Q. Be good enough to tell what the other remedies were, without there is some good reason why you prefer not ? . A. Tincture digitallis, squills, salts, and hi-tartarate of potassi, gamboge, and illiteriun ; I don't recollect — I may have given him some other remedies ; his bowels were very much constipated, and I had to resort to remedies to move them ; had to move them frequently, or the water would drown him out ; sustained him by the use of beef-tea and milk-punch. Q. Why did you not put the morphine in his stomach, instead of administering by a syringe ? A. Because it would take a larger quantity to act on the stomach than by using it in a syringe, and because in some instances he would reject it and throw it up. Q. Was he suffering much pain ? A. He was not suffering from any great pain ; but he was in the greatest agony for respiration— when he was not under the influence of an anodyne, in the greatest agony^very anxious ; I could not describe it to you. 147 _ Q. Did you make it g, part of your treatment to keep him constantly under the influence of anodynes, in order to keep him out of that agony ? A. Not until the latter or middle part of his sick- ness-^somewhere in the latter part of August up to the TESTIMONY OF THOMAS B. FLAGLER, M. D. 135 time of his death ; Dr. Fisher's book will tell the time, about ; I had commenced to use it a few days before he was called for consultation. Q. How was his strength on the 16th, 14th, ISth of September ; along about that time ? A. His strength kept up till about two or three days before his death ; walked about ; was feeble ; could not lie down very well. Q. Was liquor administered to him in any way, ex- cept in milk-punch ? A. The last week or ten days of his sickness he had some liquor giyen to him in water, in form of a punch ; it may have been a little longer — ten days, about that. Q. Along about the 17th, and backward — ^^say eight or ten days — did he sleep or dose often ? A. Yes ; he did. Q. Were his sleeps short, light sleeps, or of consider- * able duration and soundness ? A. As a rule, they were short ; there might have been some exceptions to it. Q. Were you present at any time during that period when he would wake up, or be aroused from a sleep ? A. I was. Q. How was his mind when he would wake up ? A. When he first waked he would be sort of delirious for a moment ; seemed to be lost ; didn't know where he was ; pressed for breathing. Q. How long would that delirium or absence of mind continue after he woke up ? A. It would only last for a few seconds, till he woke up and got his breath good ; seemed to be tired from sleeping ; his sleep seemed to exhaust him probably for half a minute ; something like that. Q. When he waked up was he usually laboring under difficulty of breathing ? A. Always, when I saw him, during the latter part of his sickness. Q. Was an anodyne given him, as soon as practicable 148 after his sleep, to aid his breathing ? A. It was not ; it was given at stated times. Q. During that time was he talkative — 'volunteering conversation : or the contrary. — not inclined to speak, unless he was spoken to ? A. He was not inclined to speak, as a rule, unless he was spoken to ? ^ Q. Were you there on the 18th of September ; and, ^' if so, how many times ? A. I was there on the 18th of September four times. Q. At what time of the day was your first visit ? 136 TESTIMONY OF THOMAS B. rtAGLBB, M. P. A. I was in the habit of visiting him about half-pdst six to twenty minutes of seven in the inol-ning ; was there that day about that time; Q. Who did you see at his place that morningj besides Mr. Rowe ? A. Think I saw Mr. Flanagan ; the housiekeeper ; don't recollect of any other persons. Q. Was there anything said to you on that occasion about bringing Dr. Fisher there ; and^ if so, who eaid it.? , V A. If that is the date of the codicil to the will, when I came out of the house to come away, Mr. Flanagan * asked me to bring down Dr. Fisher in the evening^ about eight o'clock, as he wished to have him presetit to wit- ness a codicil to Mr. Eowe's will with me. Q. Whereabouts were you and Mr. Flanagan when he said that P A. I think, if I am not mistaken, I was standing on the ground, beside my wagon, in front of the door. Q. Where was Patrick Rowe at that time ? A. He was in the back-room, on the right-hand side of the hall as you go in the house-^the southwest cor- ner of the house ; it was the room he occupied as a eleeping-room. Q. Was Patrick Bowe in bed when you left him that morning ? A. I think he was not. Q. When did you visit him helt after thdt (that day) ; what hour ? Ai Between ten and eleven o'clock J about eleven. Q. Did you See Mr. Flanagan there theii ? A. I did not. Q. Where was Mr. Patrick Eowe at thait time ? A. Sitting in the front-room as you gO in the door, on the left-hand side, if I am not mistaken. Q. How did he seem to be then ? 149 A. He was quite comfortable for him at that time. Q. Did you ask him how he felt ? A. I did. Q. What did he say ? A. He said he felt quite comfortatble, and I had better come about three o'clock, and make this application to his arm. Q. Did you talk with him on any matter of neWs or business ? A. I think I said to him, when I was about leaving, that Dr. Fisher would be down to see him in the even- ing with me. - Q. Did he say anything to that 5 mi, if so, what ? A. I think he asked me what for, if I remember right ; I think I told him he was coming down to see TESTIMONY OF THOMAS B. FLAGLER, M. D. 137 him ; he had been requested to come down with me by / Mr. Flanagan to witness a codicil to his will. Q. Did he say anything to that ; and, if so, what ? A. He said he supposed that was all right ; he said he did not know much about it ; that is what he told me ; that Mr. Flanagan and Father Duffy would do what was right. Q. Can you give us his expression — his language — when you said that you and the Doctor was coming down to witness a codicil ; and, if you can, do so as nearly as possible ? A. If you will read back you will see what his ex- pressions were, as near as I can give it ; he said he sup- posed it was all right. . Q. Had Dr. Fisher visited him professionally before the 18th of September ; and, if so, how long before? A. Some eight or ten days previous to that — perhaps a little longer. Q. How many times had Dr. Fisher been there, in consultation with you, before the 18th of September, as near as you can tell .'' A. Some seventeen or eighteen times, I should think. Q. Did. you regard Patrick's case as a desperate and hopeless one, or not ? A. I knew it was a hopeless case ; at least, I thought so. Q. Did you go to Patrick's house between two or three o'clock, as he requested. A. I did ; went there about three o'clock — between three and four I think it was. Q. How was he then ? A. Quite — very restless ; wanted to know why I hadn't got there a little sooner. Q. How was he breatliing .? A. Laborious. Q. Was he suffering in that respect ? 150 A. Suffering very much. Q. Did you administer any anodyne ; and, if so, what "^ A. I used the syringe, as before. Q. How long did you stay that time, as near as you can tell ? A. I didn't stay but a few minutes — was in a hurry- probably fifteen minutes. Q. Was there anything said by Mr. Eowe or you about the will or codicil at that visit ? A. Nothing that I„ remember of ; only I said to him I would be down in the evening about eight o'clock. Q. Did you go in the evening ; if so, at what time, and who went with you .^ ^ 18 138 TESTIMONY OF THOMAS B. FLAGLEE, M. D. A. I went in the evening at about eight o'clock, or a few minutes after, with Dr. Fisher. Q. Was Mr. Flanagan there when you arrived ? A. He was not. Q. How long did you wait for his arrival before he did arrive .^ A. I should think about half an hour, or something near it. • * Q. How was Mr. Eowe that evening' when you got there.? A. He was quite comfortable for him at that time. Q. Did you administer, or have administered, any anodyne soon after you arrived ? A. Had not. Q. Did you learn how long it had been since he had . had anything of the sort .? A. If you consider stimulants an anodyne, he had taken it in small quantities about every half hour-^ spoonful of the mixture (milk-punch) ; he sometimes had it given in beef- tea — a little. ' Q. As soon as Mr. Flanagan arrived, what did he say, and what did he do .? A. He said, " Good evening, gentlemen ; you are here, I see ; I will be ready for you in a few minutes ;" he pulled off his overcoat, and walked out of the room. , Q. Where did he go to ? A. He went into the back-room that Mr. Eowe occu- 151 pied as, a sleeping-room (I think — know that he did — I saw him there as I passed through the hall). Q. Where was Mr. Eowe while Mr. Flanagan was in ■his sleeping-room .? A. He was in the front-room, on the left-hand side as you go in the hall. Q. When Mr. Flanagan went in that bedroom, where were you and Dr. Fisher ? A. We were in the room with Mr. Eowe at the time he went out of the room ; we got ,up and went out on the back-piazza, and sat dov^n theiu Q. Was Father Duffy there ; and, if so, what was' he doi^g wliile you and Dr. Fisher was sitting on the back- piazza ? " A. Fatljer Duffy Avas there, walking occasionally Mfik and forth from Mr. Eowe' a room to Mr. Flanagan. * ._Q,, While Jilr. Flanagan remained' in the "bedrooni, did Father Duffy come, out to the back-door' aiid out on t|ie piazza, wh,er^ ygu and iDr. ' Fisher was sitting .'' .. a: He did.'/, ■ '" ' \ :-:^-' ■"■ • ' • ■'■ Q. Hbre than oijce ; and, il so. How often .?'•'■ A. I tTimk he ca|^ oirice or twice — ^probably twice. Q. Did he say anythib'g'; and, if s6,' What did he say ? ' ' TESTIMONY OF THOMAS B. FLAGLER, M. D. 139 A. Passed a few remarks about the evening ; said that he must go hack ; he was going backward and forth from Mr. Kowe to Mr. Flanagan, to deliver messages * from Mr. Eowe to Mr. Flanagan. Q. Did you hear or see Mr. Flanagan go from the bedroom into the room where Mr. Eowe was "? A. I heard him walk and go across the hall with Mr. Duffy to Mr. Rowe's room. Q. How soon after Mr. Flanagan went across the hall into Mr. Rowe's room did you and Dr. Fisher go into Mr. Rowe's room .? A. Within a minute or two — I should think a minute, probably. Q. Who invited or called you in, if anybody ? A. I am not positive ; think it was Father Duffy ; that's my impression. Q. What was done when you went into Mr. Rowe's room — that is, what was the first thing done .^ A. Mr. Flanagan walked around behind Mr. Rowe, and laid the paper.on the stand in front of Mr. Rowe. Q. What then .? A. Mr. RoAve took the pen in his hand, and attempted to sign his name to the paper ; his hand trembled ; Mr. Flanagan took hold of his hand, and steadied it until he wrote his name. 152 Q. What then .? A. Mr. Flanagan picked up the paper ; said to Mr. Rowe (I think it was at that time) : "Do you acknowl- edge this to be your signature to the codicil of your will, for the- uses and purposes therein expressed ?" — some- thing of that kind. Q. What was next done ? A. I signed the codicil to the will as a witness ; Dr. Fisher also. Q. Was that paper read over to Mr, Rowe in your presence or heajring .? A. It was not. Q. Did you see him read it, or attempt to read it ? A. I did not. , _ Q. Was there time enough to have read it to him, between th& lime Flanagan went into his room and the time you and Dr. Fisher went in .? ' . A. TWe might have been.; might, if it was shbrt ;it was "a very short time. -— — Q. How long d^ you and Dr. Fisher remain after you aiSied",youK names/as witnesses? .^ A. A minute or tw; came immediately away ajfter that ; probably two or three minutes f I gave, iiistriic- * tions to Father Diiffy to use ttie smnge'ai,te^ orekpn o'clock, ^Qd left., , ; ' ' ™ ' j.',; ', -/',''" * 140 TESTIMONY OF THOMAS B. FLAGLER, M. D. Q. Was Patrick Rowe, at that time, in a condition of weakness or strength ? A. He was in his usu^il strength at that time that he had been for a few days, but weak, of course ; he was so he could walk about. Q. Did you have any conversation with him that evening, except about his health or physical condition ? A. It was a general conversation ; don't remember any definite thing that night. Q. How was his nervous system at that time, Doctor ? A. There was little variation in his nervous system, except at stated times, when the effects of the morphine would wear oif, when he would be very nervous. Q. During the summer of 1867, before the 18th of September, did Patrick Rowe say anything to you about / his having made a will — anywhere between the 2d of June and the 18th of September ? (Objected to, as irrelevant and incompetent.) A. He did. Q. What did he say about it ? A. He said he had made his will (the first he spoke about having a good housekeeper), and had made his 153 will, and taken care of her in his will ; spoke about it two or three times during the course of the summer — from the 2d of June up to August .; did not say much about it after that. Q. Did he say what provision he had made for his housekeeper in his will ; and, if so, what did he say it was ? (Objected to, as incompetent, under the ruling of the Meeker will case, in the Supreme Court.) A. He said he had made his will, and given his house- keeper fifteen hundred dollars ; there may have been other words passed, such as taking care of her, but it was fifteen hundred dollars. Q. In Patrick Rowe's lifetime, did you ever tell Pather Duffy that Patrick said he- had given fifteen hundred dollars to his housekeeper by his will ? A. In a conversation with Father Duffy, I think I said to him, Mr. Rowe told me that he had taken care of his ' • housekeeper in his will, by giving her fifteen hundred ; . ^ dollars, and sundry other articles — some furniture, or something of that kind, that I did not know anything about. Q. What did Father Duffy say to that ? A. I think Father Duffy's reply was, that he thought he had. Q. When did you first make the acquaintance of Father Duffy, ena^jfrhere ? A. I think it was sometime in August, 1867, at Mr. * Rowe's. TESTIMONY OF THOMAS B. FLAGLEK, M. D. 141 Q. After that, did you see him frequently or seldom at Mr. Eowe's ? A. I saw him frequently. Q. About what proportion of the time did he stay at Mr. Rowe's, from the time you became acq[uainted with him until Mr. flowe died ? A. The average time would be about two-thirds of the time, I should think. Q. Was he there when Mr. Rowe died ? A. He was not. Q. How long had he been away from Mr. Rowe's— when did he leave last, before Mr. Eowe's death, if you can tell ? A. He usually left — and I think he left at that time- on Friday afternoon, to go to Thompsonville to attend to his parish ; I think he left at that time on Saturday morning, if I am not mistaken. Q. When and where did you first become acquainted with Mr. Flanagan ? _ A. Became acquainted with Mr. Flanagan a short ' time after making the acquaintance of Father Duffy, at Mr. Rowe's. I Q. From that time on, until Mr. Rowe's death, was Mr. Flanagan seldom or often at Mr. Rowe's ? A. He was there after I first became acquainted with him, once or twice a week ; after three or four weeks, he was there sometimes every night ; but, as a rule, it 154 would average three times a week. Q. iJid Mr. Rowe pretend to keep a boarding-house ? (Objected to, as a miserable attempt at wit- ticism.) A. Never that I know of. Q. Were you at Patrick Rowe's house between the 2Sth of October, 1866, and the first of January follow- ing ? A. I may have been there once, not professionally, but for some business of my own — for the purpose of getting a load of straw of him ; it may have been after that date ; that's the only time I was ever there that I remember of. <}. Did your practice lead you past Mr. Rowe's fre- quently ? A. It does, and did then. A request is made by counsel for executors that Mr. Newsham be produced at next meeting. Adjourned until 71 o'clock this evening. 71 O'CLOCK, P. M. Adjourned. TESTIMONY OF THOMAS B. FLAGLEK, M. D. 141 Q. After that, did you see him frequently or seldom at Mr. Rowe's. A. I saw him frequently. Q. About what proportion of the time did he stay at Mr. Rowe's, from the time you became acquainted with liim until Mr. Rowe died ? A. The average time would be about two-thirds of the time, I should think. Q. Was he there when Mr. Rowe died ? A. He was not. Q. How l(jng had he been away from Mr. Rowe's — when did he leave last, before Mr. Rowe's death, if you can tell ? A. He usually left — and I think he left at that time — on Friday alternoon, to go to Thompsonville to attend to his parish ; I think he left at that time on Saturday morning, if I am not mistaken. Q. When and \\here did you first become acquainted with Mr. Flanagan .? A. Became acquainted with Mr. Flanagan a short time after making the acquaintance of Father Duffy, at Mr. Rowe's. Q. From that time on, until Mr. Rowe's death, was Mr. Flanagan seldom or often at Mr. Rowe's ? A. He was there after I first became acquainted with him, once or twice a week ; after three or four weeks, he was there sometimes evLiy night ; but, as a rule, it 154 would average three times a week. Q. Did Ml'. Rowe pretend to keep a boarding-house ? (Objcrcted to, as a miserable attempt at wit- ticism.) A. Never that I know of. Q. Were you at Patrick Rowe's house between the 28th of October, 1866, and the 1st of January follow- ing .? A. I may have been there once, not professionally, but for some business of my own— for the purpose of getting a load of straw of him ; it may have beem after that date ; that's the only time I was ever theie that I remember of Q. Did your practice lead you past Mr, Rowe's fre- quently ? A. It does, and did then. A request is made by counsel for executors that Mr. Newshan be produced at the next meeting. Adjourned until 1\ o'clock this evening. 7? O'CLOCK, P.M. AdjouiTied. 18» 142 TESTIMONY OF THOMAS B. FLAGLER, M. D. 155 Thurspay Morning, Augnst 13th, 1868. Dr. Thomas B. Flagler, recalled : Examined by Mr. Pitney : Q. These dates which you have given in your evidence of your visits to Patrick Eowe were taken from your books of account, were they not.? Bead from your account- book which you had in court ? A. Yes ; they were. Q. Did you ever furnish a copy of these dates to ai,y person ? A. Not that I know of ; I never did ; it now strikes me that some persons came in to my office, and wished to look at my books with regard to tlie charges against Mr. Rowe's estate ; they saw them ; I don't remember whether they took any memoraadum of them or not. Q. Who were those persons ? A. Mr. Michael Leverty, I think, was one of them — one of the gentlemen attending here ; am not positive ; think Mr. Vanatta asked me. Q. How soon was that, after Mr. Rowe died ? A. It may have been four, five, or six weeks, I think as long as that ; it may have been longer. Q. Did they see the same books you brought into court ? A. Yes, sir ; no others. * Q. Do you keep more than one book ? A. Keep a daily ledger in my practice ; the entries are put down every day ; keep only one book ; the one produced in court. Q. While you were attending Mr. Rowe in October, 1866, did you see anything of a lame young man there, called Richard Halpine ? A. I know who you mean ; I think I did in October, 1866, to the best of my knowledge ; saw him also in Mr. Rowe's. last illness ; seen him since. Q; In October, 1866, while attending Mr. Rowe, did you see a man there called Sydney Newshan ? A. I never knew any man by that name ; I may have seen him ; I don't recollect about it ; he may have been there ; can't call him to mind. Q. Confining yourself to October, 1866, the first illness that you attended him (Patrick Rowe), who took care of him while he had delirium tremens ? A. His housekeeper ; and I think this Halpine was there. Q. Anybody else ? A. I couldn't say ; there may have ; I have a kind of an idea there was some other party there from New York ; it runs in my mind so. TESTIMONY OF THOMAS B. FLAGLER, M. D. 143 Q. On that occasion in October, 1866, did you hear anything of Mr. Rowe's tearing his clothes off him in the night in his delirium ? A. Yes. Q. Just state what you heard ? 156 (Objected to.) ..A His housekeeper told me that he had torn up two or three shirts — won't be positive — in two or three nights. Q. Mr. Eowe's house stands some distance back from the road, does it not ? A. Yes. Q. And a thick grove of trees stands between the house and the road ? A. There is quite a grove, but not so much that j'ou can't see the house from the road. Q. The road passes through a deep cut ? A. Yes ; quite a bank on that side of the road. Q. You didn't take very particular notice of the time occupied by the various events on the evening of the 18th September, the time when the codicil was executed, did you.? A. I wasn't very particular about it, not thinking anything was going to transpire that was going to bring me into the courts. Q. You testified in this wise : that you left imme- diately after the will was executed ? A. Within a few minutes. Q. The language is this : " How long did you and Dr. Fisher remain after you affixed your names as witnesses.?" " A minute or two ; came immediately away after that^probably two or three minutes ; I gave instruc- * tions to Father Duffy to use the syringe at 10 or 11 o'clock, and left ;" I suppose you meant to say thatt you gave these instructions, shook hands and left. A. The reason why I did, I had to go somewhere else ; was in a huny to get away. Q. Do you recollect of helping Dr. Fisher, Mr. Flana- gan, and Father Duffy, drink a bottle of wine on that oc- casion ? A. I do not ; am not positive ; I did not drink any wine on that evening ; if I did, it was before that ; drank none after that ; don't think Dr. Fisher drank any ; know I was there at one time when I was asked to take a glass of wine. Q That evening, after the codicil was executed, did not Mr. Flanagan go to his carpet-bag, get a bottle of champagne out, and open it, and you and he and Father Duffy drink some ? ? 19 144 TESTIMONY OF THOHAS B. FtAGLER, M. I), A. I don't think it was on that eveiriog ; I have an impression ; I remember of his getting a bottle of wine out ; it might have been at that date, possibly ; don't think it was. Q. They didn't use a balHamp in that house^ did they ? A. Don't think they did, 157 Adjonrnel until quarter to 3 F. M. 3 P. M. Dr. T. B. Flagler's cross-exd/mination continued ; Q. During the time you were attending Mr. Patrick Rowe, in October, 1866, did yon hear anything about his going to New York, to attend to some pressing busi- •tiess.'' A. In October, when I was attending him during the latter part of his sickness, he said he bad some important business in New York that reqttired his attention, and asked me if it would do any hurt for him to go down and come back ; I told him, no. Q. What time in the morning did you generally visit him, during the month of October, 1866 ? A. It was about 7 or 8 o'clock ; I generally visited him quite early in the moming. Q. On the evening that the codicil was executed ? A. Witness says that he wished to say here that he went to see him in the morning, in October, 1866, and he asked me, as I have said, about going to New York, and I said no ; I went down the next day to make him a visit, and found he had gone away ; I asked his housekeeper where he was ; she said he had gone to New York, and would be home the next day, when I made him a visit, and charged him with that visit ; this I recollect now ; to the best of my knowledge that is the way of it ; it has just popped in my head. Q. On the evening of which the codicil was executed, as you and Dr. Fisher sat on the back-stoop, did yon sit with your backs to the hall, or how did you sit ? A. Sat with my side towards the hall on the west side of the stoop behind the door. Qi Then you did not, either of you, see any one pass- ing from the back to the front-room across the hall, did you? A. I did notj but Dr. Fisher could. Q. You heard some one passing from the back room to the front room while you sat there, did you ? A. I did, % Why— so far as you know — did Mr. Flanagan with- draw from the front-room to the back-room to prepare the codicil ? TESTIMONY OF THOMAS "B. FLAGLEBj M. D. 145 A. I tiiink Mr. FknagaB made a remark something like this : " I will go into the back-room where I have a desk to write on." Q. Was there any proper conveniences for writing in the froot-room, where Mr. Bowe sat — I mean any con venieBoes for extended writing ? A. There was a small little table, but no desk, or any- iiaing of that kind, to write on ; it was not a coBivenient 2^»ce to write on. 158 Q. Did you ever see any of these hallucinations or illu- /^ sions about Mr. Kowe, except when he had the deUrium tremens? A. I do not think I did, except for a moment — when he would awake out of a sleep, when he would be wan- dering for a moment or two, sort of lost Q. That being lost SMt the moment of awaking is a common thing for persons in a weak condition, under the influence of opiates, is it not ? A. Yes. Q. Did you ever know anything about his business ' haMts or capacity ? A. Very little ; what little I did see of it, it was cor- rect as ordinary men are in business ; I mean by that, he appeared to want to do it as straight as any one. Q. Do you know anything about his dealings, trading, or amything of that kind ? A. Never, but in two transactions ; one was with Welsh in selling a horse, and my getting some straw ot hinL Q. How did you find him in these transactions ? A. Correct Q. How as to aouteness. Doctor ? A. 1 thought he tried to drive as good a bargain as «ny one. • Q. Was he capable of taking care of himself in a trade ? A. I thought so. Q. Did you ever see ainy symptoms of insanity about him, except when he had delirvm, tremens ? A.' No. _ Q. The spirits which he took in milk-punch and beef- < =^ tea was prescribed by you, was it not ? A. Yes, and Fisher's recommendation. Q. Did, or did not, his disease of the heart make it necessary that you should be careful of the stimulants he took ? A. Yes ; we gave it to him in limited quantities. Q. Daring the time you saw him so frequently in his lastilloess, did you see any indications of his transgress- 159 ing the limits of drinking — that is of drinking too much ? l46 TESTIMONY OF TH'OMAS B. FLAGLEK, M. D'. A: No ; I don't think I ever did. Q. Would you have peimitted such a thing under the circumstances ? A. No ; I would not. Q. .Yon said, somewhere here, when you stopped visit- ing him in October, 1866 : (28th of October), that his nervous system was in as sound a condition as a man's could be, having the disease that he had (page 144 man- uscript) ; did you mean by that the disease of the heart ? A. I did. Q. Persons with disease of the heart are very subject to sudden agitation — are they not ? A. A little excitement would produce; sudden emotionsi in them, more than in other people j their nervous sys- tem is more liable to excitement. Q. Did you intimate to Mr. Eowe when you visited him in the summer of his last illness, June, July, Au- gust, that his health was critical ? A. Yes. Q. Did you suggest to him at any time the propriety of his putting his worldly aifairs in shape, in view of his sudden death ? • A. Not at that time ; but the fall before I had told him ; he to:ld me, through the course of the summer, that his business was all arranged ; that was the summer of 1867. Q. At the, time he told you this — that he had arranged his business affairs — did he understand that his disease was growing on him ? A. Yes ; he did. Q. Did you warn him after he had had the company on the 4th of July — and had indulged a little too much — that he mustn't do that kind of thing — must be ab- stemious in his habits ? A. Yes ; I tried to impress upon his mind the import- ance of taking care of himself. Q.- You didn't see much of him, did you, between the 28th of October, 1866, and the 2d of June, 1867 ? A. Saw very little of him. '{ He-direct examination continued. Q. What time of day did you meet him 4th of July.? A. It was just before the cars came in, in the morn- ing, not far from 10 o'clock. 160 Q. Was he sober then ? " A. He hadn't drank anything, I believe. , . ^ Q. When did you next see him ? A. I don't remember ; it was a few days after that, when he sent for me, because he had been drinking ; he * started in then. TESTIMONY OF THOMAS B. FLAGLEK, M. V. 147 Q. During his last sickness, who administered the 103 liquor he took in your absence ? ' A. Sometimes the housekeeper ; sometimes Father Duffy and others ; sometimes Halpine. Q. Was the liquor-hottle in the room where he was ? A. Kept in a closet in the room where he was, and some in another room. Q. On that occasion when you called at his house and found he was not there, did you charge for that visit ? A. Certainly, I did ; I didn't suppose he had gone be- . , low, although he had asked me. Q. Do you recollect what day of the week it was ? A. No, sir ; it just popped in my head sitting here ; don't recollect the day of the week, or the month ; it was the last part of his sickness. . Q. In which year ? A. It was the first fall I attended liim in 1 866. ® ■ Q. What time of day did you call there, and find him gone ? A. It was in the forenoon ; it is my impression that the houselseeper said that Mr. Eowe said he would be home next day, and wanted me to come down and see him. Q. Was it the day before you found him gone that he had asked yoii about his going ? A. Yes ; he asked me in the morning, and took the train that day — so his housekeeper said — and went to New York next day ; I went there to see him, and found him gone ; it was the day after he went, that his house- keeper told me this. Q. When you made more than one visit in a day, what time in the day did you make them — (T mean in 1866) ? A. Usually in the morning and afternoon. Q. When you visited him as often as three times a day, he was not in a situation to go to New York on business, was he ? A. No, sir. Q. When you visited him twice a day, was he in a con- dition to go to New York on business ? J 61 A. No, sir ; think not. Q. Why was not that table in Mr. Howe's room, the night on which the codicil was executed, a convenient place to write on ? A. It was a small table, sitting up pretty high against the wall. Q. On what did the codicil lay when you signed your name to it .'* A. On that table ; I stood up. Q. On what did it lay when Patrick Howe signed his name to it ? 148 TESTIMONY OF THOMAS B. FLAGLEE, M. D. A, On the same little table ; he had to reach up ; it was higher than was comfortable to write on. Q. What sort of a table was it — dining, breakfast or tea-teble ? A. It was a little, round corner, table — such as you set up under a looMng-glass. Q. Was it brought up to Patrick Kowe's side ? A. No, sir ; he was sitting right by the side of it — or front of it, I should say, Q. Was it any higher than an ordinary table ? A. My impression is that it was. Cross-^axmiinaiion resumed r Q. Do you recollect whether or not there was a pitcher of water, some glasses and medicines, on this table .'' A. Don't recollect about there being medicines ; there was a pitcher of water, and a lamp and some tixmblers, (two or three — I took a drink of water) on it. Q. Did youiiee Mr. Flanagan have a law-book (form- book) that night .'' A. Don't recollect ; may have had one. * Q. Do you recollect of seeing him take it out of his valise .'' A. Don't recollect ; had a valise; recollect of his open- ing it. Q. Do you recollect how many examinations you made of Mr. Eowe before you announced to him that he had organic disease of the heart ? A. I made two or three. Q. Were they made in one day or not ? A. I think they were ; it strikes me so. Q. Did you use an instrument on either of those occa- sions ? A. I think I used the stethoscope on thelaet two occa- sions. Q. What was the object of making more than one examination .'' A. So aa to be sure that your diagnosis was cor- rect, and give the patient an opportunitj' to get over any 162 excitement he might have been on a former examination ; sometimes we might be deceived ; if the patient was ex- cited, it might be merely functional. Q. Can you now recollect on what day it was that you made these examinations ? A. Can't recollect the day of the week it was ; it was in the latter part of his sickness ; I now think it was the day he went to New York ; did not think he was going that afternoon. Q. How long before that had he been troubled with this difficulty in breathing ? A. Been troubled from the time I first saw him, but I supposed it was from drinking ; think I came home for TESTIMONY UK M«WA' l! l' B> * ffiAL i.FI.ME. 149 my stethescope after ntaking the examination with my ear ; went down to hit place ; had made this examina- -y tion in the morning (with my ear) ; came home and got '^ the stethescope ; went back in two or three hours, made another examination with it, left him, and went through Spring Valley to the Convent ; came back again that way, and made another examination ; after the thiid examination I announced to him, if he wished the matter further investigated, to go to Alonzo B. Clark, of New York ; don't think he ever went. Q. What sort of a nurse did Father Duff- make — good or bad, I mean ? A. I thought he was a very go j.'.f nurse for a man like Rowe. : Q. Did you hear Mr. Rowe express himself as to Mr. Duffy's treatment of him ? A. He was always better satisfied when he was there ; better than with any one else ; did not wish him to leave him. Q. Duffy could use the syringe, couldn't he ? A. I learnt him how to use it ; he used it when I wasn't there. ,^ Direcire^umed : - Q. When you discovered that he had the heart disease, did you inscribe any medicine for that disease ? 163 A. I think I gave him Tincture Digitallis and Spirits of Nitre ; I had it in my carpet-bag ; think I gave it to him ; tha^ was the reason I went to see him next day, and found him gone ; was surprised to find him gone. Q. How many visits did you make him after you dis- covered he l;iad heart disease with a view of prescribing for that disease ? A. I didn't visit him often after that ; it was an in- curable disease, and I told him he must keep himself quiet. Q. Did you make any further prescription for him after that ? A, Don't think I gave him anything after that ; left him a bottle of the medicine T named ; told him to take it. Q. What time of day was it that you made the last examination ? A. It was in the afternoon when I came back from the Convent ; I wanted to be certain about it. Q. About what time in the afternoon ? A. About one o'clock or so ; say half-past twelve. Q. Were you present when he and Welsh traded horses ? ' A. Was not present at the time ; heard him and Welsh talking about it a few days before ; I was there 150 TESTIMONY OF LAUEKh'CE BOCK; that night after they traded ; met Welsh coming up with the horse ; it was not a trade ; he bought the horee. Q. When was that ? A. It was in his last sickness ; don't remember the month. 164 THOMAS B. FLAGLER. Sworn before me Jos. W. BallenTine, Surrogate. \ MoREis County Surrogate's Office, ) Thursday morning, August 13th 1868. ) Laurence Rock, a witness called on part of the ca- veators. Examined by Mr. Vanatta : Q. Where do you live ? A. New York City, 467 West 42d Street. Q. What is your age ? A. About 45. Q. What is your occupation ? A. Contractor. Q. Did you know Edward and Patrick Rowe in their lives ; and, if so, how long did you know each of them ? A. Probably ten or twelve years. Q. Did you see them often, or not often ? A. I have seen them often. Q. Were you at Edward Rowe's funeral ? A. I was. Q. Did you come to Morristown to attend his funeral ? A. I did. Q. Did you see Patrick here at Morristown before the funeral started to New York ? • A. I did. Q. What passed between you and Patrick here, the morning of the funeral .'' (Objected to, as irrelevant and immaterial.) A. We talked considerable there. Q. Did he deliver anything to you ; if so, what ? (This line of examination objected, to as gener- ally incompetent.) A. He gave me a pocket-book. Q. State what he said when he gave you the pocket- book ? A. He told me he had two of them, and he did'nt think he was fit to take care of them ; he wanted me to take care of one until the funeral would be over. Q. Did you take charge of it ? A. I took charge of the one he gave me ; I gave it to him the same night after the funeral. Q. At what place did you give it to him ? A. 56 Elm street, at the brother's place. TESTIMONY OF LAURENCE EOCK. 151 Q. Who were there that evening when you went to 56 Elm street ? . A. Probably there was three or four I knowed ; some ^v of them I did'nt know; Kev. Mr. Duffy was there, Richard Cunningham, Eichard Lawler, young man who tended bar, named Michael ; probably some two or three others that I didn't know their names. Q. Which Eev. Mr. Duffy was there ? 165 A. They call him Father Duffy— William E. Duffy. Q. About what time in the evening was it when you went there ? A. Between 8 and 9 o'clock. Q. What was Father Duffy and Patrick Rowe doing while you were there that evening ? A. They seemed to be takiiig some drink along with the others th^re. Q. How often did they drink together ? A. I could'nt tell how often they drank. Q. A few times, or several times ? (Objected to, as leading — crowding.) A. I should state there were three or four rounds while I was there. Q. Was Patrick any affected by drink at that time ? A. He appeared to be something under that influenca Q. While you were there that evening, was there any- thing said about Edward Eowe's property ; and, if so, state who said it, and what was said ? A. . Kev. Mr. Duffy said something about his property; '- he said that all the real and personal property of Ed- ward Eowe belonged to him — that no other friends could come inside of him for it. Q. Where was Patrick Eowe when he said that ? ■ A. He was in the bar-room, * Q. Did Patrick make any reply to those remarks of Mr. Duffy .!> A. Not that I am aware o£ ■ — Q. Soon after that, did Patrick Rowe say anything to you about getting some one to attend to his business ? if so, state how long it was after Edward's death, and what he said to you, and what you said to him on that subject ? ' , , A. I could not tell the exact time ; it might have been a week or two ; he told me he wanted some lawyer to take charge of the estate, and I mentioned two names to him ; one was Mr. O'Conner ; the other was Mr. Christyj he approved of Mr. O'Conner (Mr, Eowe did) ; he said he was acc[uainted with him — done his brother's busi- ness ; that he knowed him for a number of years ; 1m asked me if I knowed where he kept Iris office, and if I would go with him to his place ; I agreed to go with 20 152 TESTIMONY OF LAURENCE BOCK. him ; we left to go one day ; Rev. Mr. Duffy was along with us ; on the way down, probably in the neighborhood of the City Hall Park, Mr. Duffy said he 166 did not want Mr. O'Connor ; he said there was a young man of his acquaintance he wanted to find ; he called him Mr. Flanagan ; he hadn't much to do, and he wouldn't charge anything for his trouble in doing it, that it didn't take much of a lawyer to settle it up, and he wanted this Mr. Flanagan to do it ; I told him, as far as I was concerned, I did not want to interfere between him and Mr. Rowe; I left them about that time, parted company with them at that time ; he and Mr. Bowe went together. Q. What Mr. O'Conner was this, and where was his office ? A. It was Bartholomew O'Conner ; his office was at 101 Wall street. Q. Do you know whether he had done Edward Rowe's business in his lifetime ? A. Edward Rowe told me he had a case for him at that time ; Q. When and where did you next see Patrick Rowe after you left him and Mr. Duffy at the Park on the oc- casion last mentioned ? A. Probably about two hours after that ; I seen him / about the same place I left them — in front of the Surro- gate's office. Q. Was anybody with Mr. Rowe and Mr. Duffy at that time ? if so, who ? A. Mr. Flanagan was with them. Q. Did they say anything to you ; and, if so, what was it ? A. Mr, Duffy asked me to go with him to see a Mr. •McKenna, to see if he wouldn't go security for Mr. Rowe ; I went with him to see Mr. McKenna ; we seen him ; he refused to go his security. Q. Security for what ? _ A. I understood it to be to take out letters of admin- istration for the estate. Q. Where did this Mr. McKenna do business, and where did you see him on that occasion ? A. In his place of business ; he done business in Elm street, about in front of Mr. Rowe's place ; Elm street about divided both places. Q. Where did you and Mr. Duffy go after you left Mr. McKenna ? j s j A. We went back to the SuiTOgatt-'s office Q, Who did you find there ? A. Found Mr. Rowe and Mr. Flanagan there ? TESTIMONY OF LAURENCE ROeK, 133 Q. What was done then ? A. I conld not tell of anything else that was done at that time. Q. Did they remain th^re, or go away ? A. My impression is that they remained there at that time. Q. Were yoii out here at Patrick Kowe's farm the summer that Edward died "^ A. I was ; after he died. Q. Was this visit that you and Mr. Duffy made to 167 Mr. McKenna before or after you came out to Patrick's farm with your family ? * A. Before I came out. •' Q. How long did you stay out herewith your family ? A. As near as I remember now, I was here five weeks, ' Q. When did you leave and go back ? ' A. The best answer that I can give : I attended the races here ; went home the Saturday after the races were over. Q. You mean the races on the course near Mr. •Eowe's ? A. f do. Q. Where was Mr. Kowe during that five weeks ? A. I believe he was on his farm during that time. Q. Did you go to New York during that five weeks ? A. I did nob. Q. Did you stay at Mr. Kowe's all the time ? A. I did. Q. Did Mr. Eowe go to New York during that time ? A. I don't believe he did. * Q. What was he doing during that five weeks — How did he spend his time ? A. The principal part of the time he was about the house. Q. Any particular part of the house did he confine himself to ; and, if so, what ? A. Most generally in his bedroom ; sometimes on the stoop ; have seen him walk out sometimes when the men were at work. Q. During that time, how was he as to being under the influence of liquor ? A, My impression was that he was some under the influence of liquor. ^ ■. Q. Much or little of the time ? A. I would not pretend to say how much ; my im- pression was that he was some, all the time, but to what degree I could not say. Q. Were you back there to his place again after you left with your family ; if so, when were you back there ? 154 MSTIHONY OF LAPBEHCJi KOCE:. A, I was back, I believe, in October, after 1 came back at Mr. Rowe's, request, to attend to some grain he bad to get threshed. Q. What time in October was that ? A. I could not tell the day of the month. 16S Q, Did anything occur, any public event here in town, while you were staying at Mr. Eowe's on that occasion ? A. I attended a meeting in one of yoar halls, I heard a Mr, Bk)gers making a speech ; it was in front of the square. Q. This Mr. Rogers was mnning for Congress ? A. Yes ; I understood he wanted to be elected to Congress. Q. How loBg were you with Mr, Eowe on thai; occa- sion ? A. I came out Tuesday morning - I went home Sat- urday evening. Q. How was Mr. Rowe that week — from Tuesday till Saturday, when you were there ? r A. I saw him only once outside of his bedroom that week ; he was sick all that week I was there. Q. What ailed him ? A. I believe it was through the effects of drink. Q. Were you in his room ranch that week .'' A. I was ; six or eight times a day. Q. Was there liquor kept in his room ? A. There was. Q. How was his conversation that week ? • A. I don't know what answer to make to that ; he was lying down all but once, when I had seen him out ; we talked considerable ; some men were there to buy the farm ; that was the occasion I seen him outside. Q. When were you next there — ^how long after you left on the Saturday that you have last mentioned ? A. About a week. Q. How did you come to go up then ? A. I heard in New York the man was dying, and I came out to see him. Q. How did you find him when you got here ? A. I believe he was lying on the bed when I came out. Q, What was his condition — ^his health ? A. Appeared to be sick Q. What ailed him ? A. He told me he had the doctor — he had a bad spell of sickness after I went into the city ; I stopped that night ; I went in to New York the next morning. Q. What was his disease ? A. I couldn't tell what his disease was. Q. Did he tell you ? A. He did not. TESTIMONY OF LAUKENGE ROCS. 155 Q. How was he when you left him in the morning ? A. As fax as I could judge, he was very unwell ; ho 169 told me not to tell ainybody in New York he was sick. Q. Did you sit up with him during the night ? A. Not that night, I didn't. Q. Do you remember who looked after him that night ? A. I believe it was his housekeeper. Q. Were you up there again that fall ? A. I was not, that I remember of. Q. After you were up there the last time, how long was it before you saw Patrick in New York ? A. It might be a couple of weeks, as near as I can re- member. Q. Where did you see him ? A. I saw him in his own store in Elm street. Q. Did you see him down there before the 1st of No- vemberj or was it after tha,t ? A. I believe it was after that. Q. During the month of November in that year did you see him a number of times or a lew times ? • A. I couldn't say how often I seen him ; seen him a few times. Q. How did he seem to be .5* A. He did not seem to be very well on some of those * occasions. Q. What ailed him ? A. My opinion is, it was too much drink he took. Q. How was he in his talk with you ? A. He was what I would call simple. Q. Just state what there was about his talk that made you call it simple ? A. The young man that tended bar for him requested me to get him out, and make him stop in Morristown. (Objected to, as hearsay — ^irrelevant.) Q. Question repeated. A. When I would be in company with him sitting near him, he would take hold of me by the arm, or by . the leg, and pinch me like a child ; he would tell the same story over four or five times. Q. How was his talk as to being coherent or con- nected ? A. He would break off from his conversation and talk about something else, quite foreign to T\hat he had been talking, every minute or two. Q. What reason, if any, did the barkeeper give to you , for getting him out to Morristown ? (Objected to, as hearsay.) A. He tbld ine that it was a shame to have him in the 170 store; that he was drinking so that he was afraid he 156 TESTIMONY OF LAURENCE ROCK. would kill himself there ; and wanted me to advise him to stop out at Morristown. Q. Did you see William E. Duffy in New York in the month of November that year ? A. I believe I did. Q. Where.? A. Seen him in Elem street, Mr. Kowe's place. Q. Did you talk with him ? A. I did. Q. Were you in company with him and Patrick Kowe ; if so, where ? A. I had supper with them one night at that time; we call it, in New York, Legget's Hotel. Q. Who took supper with you ? A. Mr. Duffy and Mr. Kowe. Q. Where did you start from to go to Legget's ? A. We started from Mr. Rowe's place in Elm street. Q. About what time did you go, anil what time did you get back .'' A. I believe it was between eighth and nine o'clock at night Ave started ; we got back at about nine o'clock. * Q. Was there any talk about a sale of property that night ; if so, what was it ? (Objected to, as ir relevant.) A. There was ; Mr. Duffy and me talked something about selling the property in Elm street ; asked me if it didn't bring a good price ; I told him I supposed it did. Q. What conversation took place between Patrick and Mr. Duffy ? Ai They talked about settling up Mr. Rowe's affairs ; Mr. Duffy stated to him that he should be guided and directed by him ; that he should do what Mr. Duffy told him to do ; Mr. Rowe made him answer that he knowed his business, and that he seen as deep into the millstone as the man that picked it. Q. Did Mr. Duffy give him any reason why he, Mr. Rowe, should do as he directed him ? A. Mr. Duffy stated to me that he did not consider Mr. Rowe competent to do any business, and I agreed with him in the expression too. Q. Did he say why he didn't think Mr. Rowe compe- tent to do any business ? A. He made some remarks about the man's habit of drinking. Adjourped until to-morrow (Friday morning,), 14th of 171 August, half-past 9 o'clock, A. M. Friday MoRNiNG,Augu8t 14th, \ Half-past nine o'clock, A. M. j Q. Was that remark of Mr. Duffy's, that he wanted to TESTIMONY OF LAURENCE ROCK. 157 get Patrick's business fixed up, made at Edward's store, before you went to the supper, or while you was at the supper ? A. I believe it was made in the store before we went to supper. Q. Did Patrick make any present to you, or offer to make any present to you, at that time ; if so, what was it — I refer to some books. A. Yes, I asked him for some books, for my boys ; he told me to. go up stairs and take what I wanted ; that remark was made in presence of Mr. Duffy ; Mr. Duffy said there was enough there ; I could have some of them for my boys ; I came down next day to the store ; I was ' told that they were all packed up in boxes, to be sent to Mr. Duffy. Q. What time next day did you go to the store ? A. Probably forenoon, between 11 and 12 o'clock. * Q. Did you find Mr. Rowe or Mr. Duffy at Ibis store that morning when you got there ? . A. I did not ; I was told that Mr. Rowe came to Morristown, and that Mr. Duffy went home. Q. Who gave you that information ? A. The man that tended bar for him, Michael ; 1 told < him I wanted some books that Mr. Rowe -promised me the night before. (Objected to, as hearsay.) A. He told me there was nothing up stairs worth bringing, that they were all packed up and sent to Mr. Duffy. Q. Did you hear anything at that time about Patrick Rowe's having made a will ? . A. It was either that day or the day after; I won't be positive which day. Q. Who told you of it ? (Objected to, as hearsay.) - A. Michael, the man in the bar. Q. Had you ever heard anything about Patrick's mak- ing a will before that ; or is that the first you had heard about his making a will ? A. That was the first I heard of his making a will. Q. Abo at what time was it, as nearly as you can tell, when you had this supper with Patrick and Duffy .? A. I believe it was between eight and nine o'clock. l'-^ Q. I mean what month, and what part of the month, as near as your memory will serve you ? - A. Near as I can remember, I would call it about the middle of November ; I cannot call the day of the month. Q. How was Patrick Ihat evening before you went to supper — as to being in liquor ? 158 TESTIMONY OF LAURENCE KOCE. A. I believe he felt what I vroxdd call, kind of happy, after drinking some. i • i o Q, Whereabout did you leave him that night .-'- , A. I left him at the store-door, he and Mr. Duify, after we had supper. . , , , Q. You say that Mr. Duffy told you that night that Patrick wasn't fit to do business : did he say anything of that kind to you at any previous time .'* A. He did ; previous to that night. . Q. What did he say on that subject on previous occa- sions ? A. He said he would like to get this man out of New York ; that he did not believe he was fit to take care of himself, and he was afraid he would kill himself by tak- * ing too much liquor. Q. After you called there next day, after you had had the supper, and learned Mr. Kowe had gone to Morris- town — about how long was it — before you next saw Mr. Kowe in New York ? A. Near as 1 remember now, it was probably about Christmas. Q. You used to be at the store pretty often, or not ? (Objected to, as leading.) A. I used to be there often. Witness wants to make the following correction : In my testimony yesterday, I stated the first summer I came out here in 1866, it was in July and August ; I stated here yesterday, during the time I been out there Mr' Kowe didn't go to New York ; I remember now that there came a young man to see him ; he introduced him to me as a cousin of his, Mr. Murphy, and he went into New York with this man during the time I was there ; he staid in New York a day or two ; don't remember ; it might be only one day. Q. You spoke yesterday about having met Patrick Kowe and Mr. Duffy and Mr. Flanagan, at the Surro- 173 gate's office, not long alter Edward Kowe died : after that occasion did you go with Mr. Kowe to Mr. Flana- gan's office ; and, if so, about how long afterwards was ' it, and what did you go there for ? . ., A. It might be a week or ten days after I went with him to Mr. Flanagan's office ; he told me in the store '. he wanted me to go there, and wanted me to go along with him; he said he wanted to take this matter out of Mr, Flanagan's hands ; I asked him his object for doing so, or his reasons ; he said he was told by a neigh- bor of his — I believe he called him Henry McCadden — that Mr. Flanagan didn't understand this matter, and that he wanted to give it to some other man ; I told him he had better not. do it until he would see Mr. TESTIMONY OF LATTRENCE ROCK. 159 Duffy, as I supposed Mr. Duffy would be dissatisfied about this matter, and he had better wait until he would see him ; he told me he didn't care about any body ; that he believed that what this man told him was cor- rect, and he would go there ; I went along with him to Mr. Flanagan's office ; Mr. Flanagan wasn't in ; a young man in the office told him that he would be in the office that afternoon ; I didn't go back with him any more. Q. In the next spring (spring of 1867) did Mr. Eowe * request you at any tin^e to go with him to Brooldyn or in any place in that direction to see about any lots ; if so, tell us about when and what you know about it ? A. I believe he mentioned Williamsburgh. He asked r me probably five or six different times to go with him ; he stated that his brother sold some lots over there, and that he didn't get paid for them ; he wanted to go then, and see this man if he wouldn't pay for them ; or that be would take them of him ; I went there two or three times with a view of going with him ; but we didn't go. Q. Why didn't you go ? A. I didn't consider he was fit to go. Q. What was the difficulty with him ? A. I believe it was occasioned by drink. Q. Did you'come out to Patrick Kowe's to Morristown in 1867 ; if so, what time did you come, and how long did you remain. A. I believe I came out in June ; seen Mr. Kowe; went back same day ; I came out in July ; stopped one night there ; came out again later in July ; went in to New York about the 1st of August ; stopped one night in New York ; came back to Mr. Kowe's next day, 174 and remained with him until last Saturday in August. _ Q. What time in July did you come out the last time ? A. I believe it was about the 25th or 26th of July I came out the second time. Q. Any part of your family come with you ; if so, name them. A. My wife and two children came out with me the second time. Q. Was Eowe at home when you anived here upon that occasion ? A. He was not. Q. When did he come home ? A. The same evening I got there. Q. What time of day did you arrive there ? A. I came out in the morning train. Q. When he got back did he tell you where he had been ? A. When I came out I was told he was in New York ; 21 160 TESTIMONY OF LAURENCE EOCK. his housekeeper told me that Mr. Flanagan came out after him and took him to New York. (Objected to, as hearsay.) A. He came home that evening ; he told me he was * in New York ; he told me he thought he would die before he got home ; I asked him if Mr. Duffy was in New York ; he said he was — that he spent the two nights he was away with him and Mr. Flanagan ; he said that Mr. Flanagan kept him one night pretty late in his office — he and Mr. Duffy — that he was consulting law-books, to see if he could get out of paying a note or two that his brother indorsed for me ; that he didn't want to have any bother about the matter ; that he had told those two men to pay it ; after they left there Mr. Flanagan took him to the Park Hotel (and Mr. Duffy) they spent that night in the Park Hotel ; that they car- ried on so that he didn't sleep much that night ; the next day they wanted him to go carriage-riding with them in the Park ; but he wouldn't go ; but they went themselves ; the second night he was there, Mr. Flana- gan took them to where he boarded^ Fourth avenue and Forty-second street ; that he was so sick there he re- quested the waiter to get a room for himself, and that he slept by himself that night ; the next day when he got up, he said he run away from those men ; that he thought 175 he would die before he would get to Morristown. Q. Did he tell you whether there had been any mass for the repose of his brother, while he was down there ? A. He spoke of a mass for his brother, and I believe he said the mass was over before he got down there ; I won't be positive about that. Q. Did he say anything about his having been to Brooklyn, while he was gone ; or make any mention about his having been there ? A. He did not. Q. Did you ask him whether Mr, Duffy had left New York before he did, or not ? A. I did ask him ; he told me he did not know ; he ran away from them. Q. What reason did he give for running away from them ? A. The only reason he gave me, they carried on so ; they would not let him sleep ; the second night he got a room for himself ; the next day he ran away from - „ them. Q. While you were out here at his place, in July or August 1867, did he say anything about selling his farm ? A. He spoke often of selling it. * Q. What did he say upon that subject ? A. He said there wasn't any use of his bothering him- TESTIMONY OF LAURENCE ROCK. l(jl self with such a place ; that he would sell it, and buy a small place for himself in the neighborhood of New York ; he spoke several times of selling it ; but that is all the reason that I am aware he gave for selling. Q. Did he name any price for it at that time ; and, if so, what was it ? A. I believe he told me he could get thirty thousand dollars for it. Q. Were there any persons there to look at the farm with a a view of buying it, in August, 1867 ? A. There was a gentleman came in a carriage one time I was there ; he had a lady and two little girls with him in the caniage ; Mr. Kowe told me, after he went away, that he wanted to buy the farm ; that he promised to come back again and see it in a few weeks. Q. When was it that gentleman was there ? A. I believe it was about that time in August. Q. Did he say what price he had asked that gentle- man ? A. He mentioned thirty thousand dollars. 176 Q. Are you acquainted with the real estate he owned in Forty-seventh street, New York ? A. Yes. Q. What's that worth now ? (Objected to, as irrelevant.) A. I believe it's worth about twenty thousand dollars. Q. While you were staying with him in the latter part of July and August, 1867, did he say anything about his not owning the farm any more, or that he had sold it? _ (Objected to, as leading and irrelevant.) A. He did not. Q. Was Father Duffy at Mr. Eowe's place (the farm near Morristown) whiL^ you were there in July and August, 1867 ? A. He was not ; I never seen him there. Q. Was Mr. Flanagan there while you were there in July and August, 1867 ? A. I havn't seen Mr. Flanagan there at that time ; but I was told Mr. Flanagan came there one night after I went to bed, and went away next morning. Q. In July and August, 1867, while you were staying with him, how was his health ? * A. His health was bad ; I didn't consider him in good health from the time he came from New York, until I left him at that time. Q. Was he under the influence of liquor or free of that influence during that time ? A. I suppose he was under the influence of liquor. Q. Why did you think so ? 162 TESTIMONY- OF LAUKENCE KOCK. A, By what I seen there and by what I could hear from the people in the house, that he drank liquor con- tinually there during that time. Q. Where was the liquor kept ? A. It was kept in a closet in his bedroom. Q. Was that closet kept locked ; and, if so, who carried the key ? A. I have never seen it locked. Q. How did his memory seem to be during that time ? A. Part of the time he didn't seem to have any at all, Q. How was that want of memory manifested ? A. He went round part of his time like a man that 177 did not know what he was doing — moving from one place to another ; I seen him sometimes stop a man with mowing there, get hold of him, and play with him ; he complained to me afterward that the men were not doing any work ; that he acted to me like a man part simple ; that he did not know what he was doing part of hi& time. Q. Did you ever, while there, go out to look for him, or hunt him up ; if so, how did that come ? A. His housekeeper called me up one morning — prob- ably about four o'clock ; I got up ; she said Mr. Eowe run out of the house ; I went out in the, yard and found him down at the barn ; he had a horse-blanket round his head, Q. What was he doing there ? A. He appeared to be walking around from one place to another ; he appeared very wild — kind of excited — as if he was afraid of somebody. Q. Was it daylight yet ? A. Partly daylight. Q. Did you speak to him ? A. I did ; I asked him what brought him out so ear- • ly ; his answer I did not understand, but he looked as if he couldn't breathe ; he shook his head and breathed kind of long ; he seemed to be wanting to get some breath ; he carae up on the front-stoop of the house, and after he sat there four or five minutes, he went into his bedroom. Q. About how long was that before you went away from his place ? A. Probably about a week. Q. Was Eichard Halpine there at any time during that period ? A. He was there several times. Q. Did you ever tell Mr. Eowe that you had heard that Father Duffy claimed to be the owner of all his property ; and, if so, when did you tell that to Mr. Eowe ? (Objected to, as irrelevant.) TESTIMONY OF LAURENCK ROCK. 163 A. I did tell him that ; I believe it was in July — about the second time I came out there ; it may have been the first time. Q. Just tell what you told Mr. Eowe on that sub- ject, and what he said in reply .? A. I told Mr. Rowe that I heard in New York that Mr. Duffy claimed to own all his property ; Mr. Rowe made answer that he didn't own a dollar of it ; that Mr. 178 Duffy was very quick in getting what money he said his brother owed him, and that he had nearer friends than Mr. Duffy to leave his property to. Q. Did he say whether Mr. Duffy had any claims on him ; and if so, state what he said ? (Objected to, as leading.) A. He said Mr. Duffy was very quick in getting the money his brother owed him, and that he had no other claims against him. Q. Did he say anything as to whether Mr. Duffy would get anything more from him, exce[jt what he had got from these claims against Edward ? (Objected to, as leading and incompetent uuder the ruling in the Meeker Will case.) A. I understood him to say he would not get any more from him — that he had nearer friends than him to leave his property to. Q. You said that when you told Mr. Rowe that you heard that Duffy claimed to own all his property, that Mr. Rowe made answer that he didn't own a dollar of it : who didn't own a dollar of it ? * (Objected to, as irrelevant and leading.) A. I understood him to say Duffy did not own a dol- / lar of it. ,/, Q. Did you ever see Patrick Rowe read a book or a newspaper .? A. I have never seen him read a book ; I have seen him have a newspaper in his hand ; I never heard him read it. Q. Could he read writing.'' A. I don't believe he could ; I never heard him ; I heard a young man tell me several times he could not read or write. (Objected to, as hearsay.) Q. Did you see how he managed to get a letter read when one came to him .? A. He told me to call in to the Post-Office here in this village ; I brought two letters to him ; he gave them to me, and told me to read them, when I brought them to him. Q. Did you see any letters written for him while you were there at his place ; if so, who wrote them ? 164 TESTIMONY OF LAUKENCE ROCK. A. I wrote a dispatch for him one time to s&nd outbj 179 telegi-aph to Mr. Duffy ; that's all I seen wrote. Q. Who wrote that ? A. I did. Q. What church did he attend ? A. He attended the Catholic Church. Q. Was he a member of that church ? A. He was. Q. Did he ever tell you who his nearest relations were ; and, if so, how did that come about ^ A. Him and me was talking about a boy who was on the farm with him (Edward) ; I asked him if he wasn't his nearest relative ; he said no, that the Rowe's in \ Bridgeport were his nearest relatives. Q. Did he say anything further about Edward — the young man that was living with him ? A. He talked of him several times ; he said he would take good care of him. Gross-examined by Mr. Pitney : Q. How long have you lived where you now live, Mr. Rock ? * A. The house I live in now I moved to 1st of May, 1867. Q. How many families reside in it ? A. Seven, along with mine ; eight in all. Q. How large a house is it ? A. What we call a four-story brick tenement-house. Q. How much front on the street ? A. I believe it is twenty feet. Q. Where did you live in the summer of 1866 ? A. I lived in the same street that I now live in, on the south side of it ; now I am on the north side of it ; num- ber I lived in 1866 is 462. Q. How long did you live there 2 A. I lived there about nine years. Q. How many families in that house ? A. About the same number ; about eight. Q. How many children have you ? A. I've got five. Q. Do they live with you 7 A. They do. Q. What relation were you to Patrick Rowe ? A. None at all that I am aware of. Q. Who, besides your wife, came out to spend the summer of 1866 ? A. My family— all my children ; all I had then. 180 Q. Had you ever visited Morristown before .? A. I had. Q. When and how often ? A. I had been here five or six years ago with Edward Rowe ; been here twice with him on his farm. TESTIMONY OF LAURENCE ROCK. 165 Q. How long did you stay on these occasions ? A. Went back the same day we came. Q. How long had Patrick Eowe been out on his farm ■when you came out in the summer of 1866 ; I mean how long had he been back from the city ? A. I could not tell you how long he had been back when': I came liere. Q. Tell us as near as you can ? A. I could not tell how long he was out here ; when I came out in the summer of 1866, he met me at the de- pot in a wagon, and carried me up to his house. Q. During the time when you was out there to fix the drains, did the doctor call to see him ? A. I do not know what you mean by fixing the drains; you spoke of a drain, did you "^ Q. I misunderstood grain for drains ; did the doctor come to see you when you were there about threshing * grain in the fall of 1866 ? (Objected to.) A. I don't remember of seeing any doctor there at that time ? Q. Did you ever see a doctor there in the fall of 1866 ? A. I don't believe I did. Q. Who threshed this grain ? A. I believe the man's name was Leek, or I-ake ; I won't be positive about his name ; he had a machine and three men altogether in it. Q. What did you have to do with the threshing .? A. Kept an account of the number of bushels that was threshed. Q. You came out from New York, and stayed from Tuesday until Saturday, for that purpose ? A. I did. Q- How many bushels were threshed ; and what kind of grain ? A. I couldn't tell you the cumber of bushels now ; some rye, some wheat, and some oats. Q. Did Mr. Kowe tell you what he had done with the money he had got for the Elm-street property ? A. I believe he told me about ten thousand dollars, he 181 put out on bond and mortgage on first-class property in Third avenue, New York. Q. Did he tell you of any otherinvestment he had made.? A. He told me there was some money given to the Bishop of Hartford that belonged to Mr. Duffy, although it was put out in his (Mr. Rowe's) name ; he told me, moreover, that Mr. Duffy was paid a note, or two notes, he had ; that his brother owed him several thousand dollars ; can't tell how much ; that he had some left in a bank in New York for his own use. 1-66 TESTIMONY OF LAURENCE KOCK. Q. He told you this in New York, I suppose, about the time it occurred, didn't he ? A. My impression is that he told me .that. in Morris- town ; 1 believe it was in the summer of 18 67: he told me. Q. You heard about his p&ying Father Duffy and Phil. Carlin out of the sale of the Elm-street property, at the time Duffy was in New York, didn't you ? A. I don't believe I heard it at that time. Q. How soon after did you hear it ? A. My impression is, it was the summer he died, in 1867. * Q. You saw Father Duffy in New York when he came down to get his money ? A. I seen him in New York ; 1 didn't know what he came after. Q. Didn't you understand at the time you saw Father Duffy in New York, that the property had been sold, and Mr. Eowe had got his money for it ? A. I understood in New York that the property had been sold ; Mr. Duffy and me talked about that property, that it had been sold, the price it brought, and that it brought a good price. Q. At that time, did you understand that Mr. Rowe had got his money for it ? A. At the time that Mr. Duffy and me talked about this property, he hadn't got it at that time. Q. You frequented 56 Elm street pretty steadily, didn't you ? A. I did. Q. Saw Mr. Duffy whenever he came to New York ? A. Not always. ^Q. Mr. Duffy always went to 56 Elm street, didn't he? A. I seen him there several times. Q. Did Patrick say what his brother had done with 182 the money he had borrowed of Father Duffy ? A. He did not ; he said he never knowed anything about his brother's business until he died. Q. What were these notes that Edward Rowe had in- dorsed for you ? A. They were for money I borrowed on contracts in New York. Q. Where did you get the money ? A. Mechanics' and Traders' Bank. Q. How much ? A. I couldn't tell you the amount ; several thousand dollars he indorsed for me. Q. Where are those notes now ? A. I got probably twenty-five or thirty, or more of them, in Morristown last summer ; I hold them in New TESTIMONY OF LAURENCE EOCK. 167 York ; they are all paid, with the exception of two, which they hold in the bank now. Q. What is the amount of those two notes ? A. About three thousand dollars. Q. How long since you paid anything on them ? A. I haven't paid anything on them. Q. The two are outstanding, are they ? A. They are. Q. Now please to tell us to the best of your present knowledge the amount of the face of the two notes with- out interest. * A. My impression isj in the neighborhood of three thousand dollars. Q. Who is the maker, and who is the indorser, of them ? A. I was the maker ; Edward Kowe was the in- dorser, Q. Is not one of those notes exactly three thousand dollars. A. My impression is that the two amount to about three thousand dollars. Q. You are pretty sure of that, are you ? A. That is my impression now. Q, Of course you would be very apt to recollect how much your friend, Mr. Eowe, was likely to lose by you ? A. That was the amount I supposed that Mr. Kowe and me talked over. Q. What is the name of the President of that Bank ? A. Mr. Brown. Q. And the Cashier. A. The Cashier is a Mr. Youle. Q. You are sure there are two notes, are you ? A. Yes, sir ; I believe there is two notes. Q. About what time are they dated ? A. I couldn't tell you ; they run back five or six years. Q. You knew what notes I referred to in my last ques- 183 tion, didn't you ? A. I suppose you referred to the two in the Bank now. Q. Why did you answer in that way ? A. In what way ? Q. Don't you know the dates of those notes ? A. I do not. Q, Do you mean to say that your recollection is, that the notes now in the Bank are dated five or six years ago, or became due five or six years ago ? A. They may be that long in the bank, but I can't tell you the date of them. 22 168 TESTIMONY OF LAURENCE BOCK. Q. You have a pretty good memory for dates, haven't you ? A. I don't pretend to have. Q. Do you mean you have a bad memory for dates ? A. I wouldn't say that I have. Q. Why don't you pay tTiese notes ? (Objected tti, as irrelevant.) A. I believe it was Edward Rowe'swish that I shouldn't pay them. Q. How did he manifest thait Wish ? A. He was with me in the Bank at the time we set- tled lip, with the exception ot those two notes ; he * brought the notes that we took up out of the Bank to his own house ; told me to never fret for the balance, that he had plenty of money ; look and get more work, and he would give me all the assistance I wanted ; he told me, the last conversation I ever had, with him to go over to Brooklyn to a man he knew there, and to buy a house he had up for sale in Forty-seventh street, New York ; he told me to buy it, and to not stand on a cou- ple of hundred dollars with the man ; that the house would suit me and my family ; he had seen the house ; that he would be back in about ten days ; and for me to have all those papers ready, and that he would secure this house for me ; I never saw him after that to speak to him, until I saw him dead in Morristown. (The foregoing answer objected to, while being given, as irresponsive to the question.) Q. Who paid the notes that you took away from the Bank on the occasion that you and Mr. Rowe took away on the occasion you settled up with the Bank ? A. I paid them. Q. Has the Bank ever called on you to J)ay these other notes ? 1 84 A. The President of the Bank and me talked over them. Q. When ? A. Probably after Mr. Rowe died ; (Edward Rowe.) Q. Is that the last he has talked with you about them ? A. It might be ; we have talked since. Q. Did you tell him that Mr. Edward Rowe requested you not to pay them ? A. I did not ; I brought a gentleman there to see him at one time who was acquainted with Edward Rowe ; he told the President of the Bank in my hearing that Edward Rowe called to his office about the time he was going to Morristown, and told him to fix up the notes, so that he would become responsible for them. (The foregoing answer objected to, while being given as irreponsive to the question.) TESTIMONY OF LAURENCE BOOK. 169 Q. I suppose you would have paid, the notes long ago, if Edward Eowe had not expresslly desired that you shouldn't ? A. I would not, for I wasn't ahle to pay them. Q. Do you know the handwriting of Mr. Brown, President of the Bank, and Mr. Youle, the Cashier ? * A. I do. Q. (Paper shown witness. He is asked the question) : Does that refresh your memory as to the amount due the Bank? A. I did not helieve it amounted to that five thousand dollars. Q. You tried to get Mr. Patrick Eowe to assist you in purchasing tiiis housCj didn't you — after ^ward's death, I mean. A. I did. — Q. Wanted him to take a last mortgage on it, didn't you? A. I had no house at the time to take any mortgage on, Q. Didn't succeed in getting into Patrick on that house business, did you ? A. He told me he would give me three thousand dollars towards paying for it, and that he left this money with Mr. Flanagan for me. (Adjourned until 3 o'clock, P. M.) 3 O'CLOCK, P. M. 183 Cross-examination of Mr. Laurence Kock continued : Q. Was that three thousand dollars to be a present from Mr. Eowe to you ? (Patrick Eowe.) A. I don't know what Mr. Eowe you mean ; Patrick Eowe said he would give me that at that time ; he knowed his brother was to buy a house for me ; and that he would do more than that for me some other time. Q. You were not to give any bond and mortgage, bank or promissory note, for the three thousand dollars, were you ? A. That matter was talked of between me and Mr. Flanagan about the mortgage, and after Mr. Flanagan refused giving me this money ; I told Mr. Eowe I would give him a mortgage on tiie house if he would enable me to buy it. Q. If Mr. Eowe was to make you a present of this three thousand dollars, how came you and Flanagan to be talking about a mortgage ? A. Mr. Flanagan asked me if I wouldn't give a mort- gage on this house in case I bought it. Q. Didn't you tell him that Mr. Eowe was going to * make you a present of that money ? 170 TESTIMONY OF LAUBENCB EGCK. A. I don't remember telling Mr. Flanagan that. Q. Why didn't you tell him that, if such was the case ? A. The iirst interview I had with Mr. Flanagan about the matter, I was told by Mr. Kowe to call and see him ; tell him he sent me there for three thousand dollars ; Mr. Flanagan made objection to let me have this money without having some security for it, for Mr. Kowe ; he asked if I bought this house, if I wouldn't give Mr. Kowe a mortgage on it ; I told him I would, if he required one. Q. What was the price and value of the house ? A. Nine thousand four hundred dollars. Q. What did you tell Mr. Flanagan the encumbrances on the house were ? A. There was five thousand dollars then. Q. Question repeated. A. I told him there was five thousand dollars of a mortgage on it ; there would be three thousand dollars cash required ; there would be a second mortgage taken for the one thousand four hundred. Q. Didn't you tell Patrick Kowe that you were going to buy the house for ten thousand dollars or there- abouts ; that there was a mortgage on it for two thousand 186 dollars only ; that you were going to pay or arrange five thousand dollars, and that you wanted to borrow three thousand dollars, next to the two thousand dollars, and that he would be perfectly safe in loaning the money, as he would have a mortgage for three thousand dollars next to a two thousand mortgage ? A. Nothing of that kind was talked of between Mr. Kowe and me, with the exception of that he would be safe in loaning me the money in case he wanted to get it back. Q. And then did not Patrick Kowe go down to New York, and look at the house ? A. He did-not ; he looked at the house before he sent me to Mr. Flanagan. Q. And then, after he had looked at the house, did he not refer you to Mr. Flanagan to arrange the papers and have the title examined ? A. After he looked at the house he told me to go down to his place ; next day I seen him at his store ; he told me he left three thousand dollars with Mr. Flana- gan for me ; and he turned to his man that attended store ; he* told him, if Mr. Flanagan would come in there, to tell him to give me this money. — _ Q. And then didn't you go to Mr. Flanagan and tell him that this property was only encumbered for two thousand dollars, and that you proposed to give a second mortgage for three thousand dollars to Mr. Kowe ? (Objected to.) TESTIMONY OF LAURENCE KOCK. 171 A. I did not tell Mr. Flanagan anything about two thousand dollars. Q. And then didn't Mr. Flanagan examine the records and find a five-thousand-dollar mortgage on it, and dis- cover from your conversation and contract, which you had for the purchase of the property, that you hadn't a cent to pay on it, except the three thousand dollars which you were going to borrow of Mr. Kowe, which you proposed to secure by a third mortgage, which would be subject to seven thousand dollars ahead of it ? (Objected to.) A. I never told Mr. Flanagan that I had any money to pay on it, except what I got from Mr. Rowe ; Mr. Flanagan told me he searched the record, and the man that I made this contract with had no title to the prop- erty, I found afterwards he did not tell the truth about it ; and Mr. Flanagan holds the contract now that 1 187 made for that house ; if he would please show it to his friend, it would save a good deal of bother now, and it would show whether I was telling the truth or not. Q.. Question repeated. A. He did not ; he told me that this man might give a title in another name ; that he had no deed in his own name. Q. Didn't he tell you that he wouldn't let Mr. Rowe- lend you three thousand dollars on a third mortgage, title or no title ? A. He did not ; he told me he loaned three thousand of Mr. Rowe's money, and if I would wait for a month, he would get this money, and give it to me himself. Q. On this house ? ^ A. Yes ; on this house. Q. Didn't Patrick Rowe tell you that he wouldn't let* you have three thousand dollars, subject to a seven thou- sand dollars, on this house ? A. He never did tell me anything of the kind. Q. Did you borrow any money of him that summer ? A. I came out to Morristown to see him, when Mr. Flanagan refused to give me this money ; he told me to go in and tell his man to give me a hundred dollars and to secure this house ; and he expected to be in by the time I wanted this money, and he would get it for me himself; I have never borrowed any other money from him ? Q. When was that ; how long after the eontract was made ? A. That was before it was made. Q. You have paid back that one hundred dollars, of course ? A. No, sir. Q. You are ready to pay it back at any time you are asked for it by proper authority ? 172 TESTIMONY OF LAURENCE EOCK. A. When the demand is made I will see what I will do about it ; there has been no demand made yet. 188 Q. What kind of a pocket-hook was it Patrick Eowe gave to you for safe-keeping ? A. It was one such as gentlemen usually carry. Q. Did you see the other one ? A. I did not. Q. How big was the one you got ? A. I could not exactly tell you the size ; it might have been six or eight inches long. Q. Of course, you do know what was in it ? A. I don't know the amount. Q. You didn't open it, did you ? A. I did. Q. Coimt the contents ? A. I did not. Q. What disposition did you make of it while j^ou had it in you possession ? A. I kept it in my pocket. Q. You didn't make any use of any of the contents, I sujjpose ? .A I did not. Q. Where was it that you wrote this telegraphic dis- patch for Patrick Eowe ? A. In his own room, Morristown. Q. When.? A. As near as I remember now, it was about the middle of August, 1867. Q. Whit was he telegraphing to Father Duffy for ? * (Objected to.) A. He told me he had a dispatch from Father Duffy, * for him to go out to his place, and he wasn't able to go out ; he didn't wish Mr. Duffy to come down at that time, and wanted me to write this dispatch and send it to him. Q. W^ho was by when you took these promissory notes out of the safe at Patrick Eowe's ? (Objected to, as assuming what the witness has not said.) A. I never took none of them out of the safe ; I got them under the wood-shed along with a barrel-full of old papers that was there. Q. When.? A. In August, after Edward Eowe died. Q. Who was by when you took them ? A. I believe the man who tended store for him in New York, by the name of Michael ; I showed them to him ; he helped me look for a will that was made by a brother- in-law of mine, that was in that safe, and he found the will for me among those papers. TESTIMONY OF LAURESCi; EOOK. 173 Q. When you went to supper, at eight or nine o'clock at night, with Father Duffy and I'atriclc Rowe, what did you have for supper ? A. He had some beefsteak, and we had tea. 189 Q. And that was the last you saw of Father Duffy and Patrick Rowe on that occasion ? A. I went home with them from where we had supper to his store in Elm street. Q. I mean that night was the last you saw of them ? A. No ; certainly, I've seen him since. Q. Did you see them the next morning, or the next day ? A. I did not. Q. How early the next morning do you think you got there after your books ? A. About eleven o'clock, in the forenoon. Q. And then you understood Father Duffy had left for home, and Mr. Rowe for Morristown ? A. I did. Q. Did you attend a mass — the anniversary mass — in July, 1867, for Edward Rowe ? A. I did not. Q. Did ybu hear of it at the time .'' A. I heard of it when I came out to Morristown. Q. How long before you came to Morristown on that last occasion had you been in the store, 5Q Elm sti-eet ? A. I was there in the beginning of May, when they were selling out the effects of the store. * Q. How long had it been before you came out, in July, 1867, had you seen Patrick Rowe ? A... I seen him in May, I seen him in April, I believe I seen him in June. Q. Where did you see him in June ? A. I seen him in Morristown. Q. What did you come out there for ? A. I came out to tell him I lost this house ; that Mr. Flanagan disappointed me in the money ; thought I -\vould let him know about it. Q. Anything else ? A. That was my principal business out at that time. Q. I suppose you had told him of that five or six thousand dollars of indorsements he was liable for you, hadn't you ? A. I told it to him, probably it might be about that time. Q. Wasn't it on that day you told him about that five or six thousand dollars of indorsements he was liable for; I mean in June, 1867 ? A. J believe it was about that time I told him. Q. And after that, Mr. Rowe was a great deal more 174 TESTIMONY OF LAUEENCE EOCK. williiig to ]et you have the threee thousand dollars than he was before, wasn't be ? ] 90 A. He told me if I had told him about it when his brother died, he would have paid it ; he said he didn't want anybody to know it, and for me to tell nobody of the matter, unless it was Mr. Flanagan ; he told m^ to tell Mr. Flanagan when I would go into the city about it, and I did so. Q. Didn't he tell you that when he sold his Elm-street property he had beeu obliged to make an affidavit that his brother Edward didn't owe any money, except the Carlin debt, the Duify debt, and the Lynch debt ; and now he didn't want it known that he owed this debt, lest it should be thought he had sworn to a lie ? A. He did not state it that way. Q. And didn't he find fault with you for not telling him about this Bank debt before he sold the Elm-street property, or before you did tell him ? A. He said if I told him, when his brother died he would pay it, and nobody would know anything about it. Q. Why did you not tell him that before ; why did you not tell him in the summer of 1866, when you were • there with your wife and family all summer ? A. I supposed, at that time, when this matter would be advertised, the Bank would present this claim. Q. Did the doctor visit him then when you were stopping there in the summer of 1867 ? A. He did. Q. Did you hear of any particular disease Patrick had ? A. I heard he had disease of the heart, and the prin- cipal cause of his sickness was from drink. Q. Did Patrick tell you how he happened to get to New York too late for the mass ? A. He did not. Q. You undersood that he went down to attend mass.? A. I understood it that way. Q. What time in the morning do they generally say mass in the Catholic Church ? A. Most generally between ten and eleven o'clock. Q. Before or after breakfast ? A. Clergymen generally say it before breakfast ; con- gregation have breakfast if they please, as I understand it. Q. Are you a Catholic ? A. t am. 191 Q. Are you particular in observing the rules of the church ? _ A. I believe I am ; I go to my confessional, occa- sionally. TESTIMONY OF liATJRENCE KOCK. 175 Q. Do you o'bserve days of abstinence from meat ? (Objected to.) A. I don't eat any meat on Friday ; and on other days given out by my church as fast-days, I abstain from meat. Q. You were a little out of humor with Mr. Flanagan for not letting ycwi have that three thousand dollars, wasn't you ? A. We had sometiiing to say about it, Mr. Flanagan ' and me ; I told him what I thought of the matter. ' Q. What did you think of it ? A. I told Mr. Flanagan I did not think h« used me right. Q. You told aU your friends and acquaintances that he had robbed you and cheated you out of three thou- sand dollars, didn't you. ? A. I told them I blamed Mr. Flanagan fOr keeping it from me. Q. And you thought that Mr. Flanagan ought to have let you have that three thousand dollars on a last mort- gage on the house, on which you did not pay a cent on besides ? A. I did, Q. Didn't Mr. Flanagan tell you that the property • had been sold during the last year for a good deal less than ten thousand doUars, and it was not worth the money you were going to pay for it ? A. He never told me anything of that kind. Q. Where were you in the month of December, 1866 ? A. I was in New York. Q. Did you see anything of Patrick Rowe in the month of December, 1866 ? A. I believe I did. Q. Did you see Mr. Du% in December, 1866 ? A. Don't remember of seeing Mr. Duffy that month. Q. Did you hear he was in New York in that month ? A. I might have heard it, but don't remember. Q. Didn't you go to the store very frequently ? A. I did. Q. How could Mr. Duffy be in New York, 56 Elm street without you seeing him ? A. He mi^t. Q. And you think Mr. Flanagan was mad at you or had some pick at you, was the reason he would not let you have that three thousand dollars ? A. I supposed by what I could hear that there was an- 192 othar implicated along with Mr. Flanagan in the matter; 1 did not blame him altogether in the matter ; I thought Mr. Duffy told Mr. Rowe not to give it to me. Q. And you thought it was very impertinent in Mr, 23 176 TESTIMONY OF LAURENCE ROCK. Flanagan and Mr. Duft'y to interfere with Mr. RoWe's business, didn't you ? A. I did. Q. And you blamed Father Duify as well as Mn Flanagan about it ? A. Yes. Q. Didn't you think and say that Father Diiffy and Mr. Flanagan ought to let Mr. Rowe alone, and let him manage his business as he was a mind to ? A. I did think that way ; said so to one — Mr. Flan- : agan. Q. Didn't you say that Mr. Rowe was competent to attend to his own business, and didn't want tneir help in the matter ? A. I might have said so. Q. The question is, whether yau didn't say so ? A. Don't remember. Q. Didn't you think so ? * A. I might have thought the other way sometimes. Q. You always meant to pay that three thousand dol- lars back to Mr. Rowe if you borrowed it of him ? A, That was owing to how he would give it to me ; if. he was willing to give me this^ I would have no occasion to pay it back to Kim. Q. Did you expect him to make you a present of it ? A. I did ; he told me he would give nae more than that some other time. Q. After he found out be bad to pay this five or six thousand dollars for you, he was still willing to give you the three thousand dollars, was he ? A. His sickness commenced about that time ; don^t know as we ever talked about it after, Q. How long did you stay, with your wife and children, after he tftok sick ? A. Came out 25th or 26th July ; went to New York about Ist August ; I came out about the 2d day of August, and I stopped in Mr. Rowe's that month till the last Saturday in August ; went to New York ; was there about six weeks. Q. Didn't you ask Mr. Rowe to educate your b'oys — 193 send them to college, and so on .'' A. I never asked Patrick anything of the kind ; Ed- ward told me himself he would pay fot their education. Q. Didn't you ask Patrick Rowe, in presence of Mr. Flanagan, to send your boy to college ? A. Never ; I might have told Patrick that his brother promised to do so. Direct resumed : Q. When was it that Patrick Rowe looked at that house that you contracted to buy .'' TESTIMONY OF LAURENCE BOCK. 177 A. It was in April, 1867. Q. How did lie come to be looking at it ? A. We talked of it several times — ^he and me ; said he would come up to see it ; ate dinner with me one after- noon ; looked at two houses ; wanted me to buy one amounting to thirteen thousand dollars ; would take it as his choice. Q. What conclusion did you and he separate upon as to buying the house ? A. Came to the conclusion to buy it Q. What help, if any, did he offer to you then ? A. Three thousand dollars. • Q. Had you asked that as a loan, or did he offer it as a loan at that time ? A. At that time I didn't ask it as a loan, but I would take it after as a loan, sooner than be disappoiated in getting the house. Q. What did he tell you to do that day you and he looked at the house ; what, if anything, did he tell you to next do in order to getting the house ? A. He told me to go down to the store the next tlay, when we was parting ; I did, and I repeated here the conversation that was between us at the store. Q. What was the next thing you did after that inter- view with him at the store ? A. When I went to the store the next day he told me he left this money with Mr. Flanagan, and told his man that tended bar if Mr. Flanagan would come there to tell him to give it to ma Q. Was there anything said about giving Mr. Eowe a mortgage on that occasion at the store ? A. No. Q. When did the talk about the mortgage first begin ? A. I believe it began between Mr. Flanagan and me, if 19' I recollect it now, Q. About what time did you make the contract to buy the house, as near as you can tell ? A. As near as I remember now, think it was made some time in May. Q. When you told Mr. Eowe — about in the month of June — that Flanagan would not let you have the money, what did Mr. Eowe say ? A. He said he left it with him, and it was very strange why I shouldn't get it. Cross-examination resumed ; Q. That was the time he gave you the one hundred dollars, wasn't it .'' A. No ; he gave me the one hundred dollars before the contract was made. Q Did you go out to Patrick Eowe's after the last week in August, 1867 ? 178 TESTIMONY OF E]>WABD KOWB. A. I went out when Mr. Eowe died — after I heard of his death. LAURENCE ROCK. Sworn before me, Jos. W. Ballentinb, Surrogate. • Adjourned until to-naorrow (August 15th) mornsing, half-past nine o'clock,. P. M. Satubday Morning, August 15th, 1868. Edward Eowe, a witness on part of the caveators, sworn ; examined by Mr. Vanatta : Q. Where do you live ? A. I live 152 West 52d street. New York. Q. What is your occupation ? A. Apprentice to a roof and cornice maker. , Q. How long have you lived in New York ? A. Lived there this last time ten months. Q. How old are you ? A. Suppose about twenty-two years. Q. Did you live with Patrick Rowe on his farm at Morristown ; if so, when did you begin to live with him!, and how long did you live with him ? A. I think I went there about the 3d of February, 1864 ; I lived there from that day until the time he died, and a few months afterwards. Q. How were you related to Patrick Rowe ? 195 A. I was second cousin. Q. Give your father's name ? A. My father's name was Matthew Eowe, Q. How long has your father been dead ?. A. Ten or twelve years. Q. What did you do while you lived out with Patrick? A. I assisted in doing general labor. Q. Were you living there when Edward Rowe died ? A. I was. _ ^ Q. After Edward died in the fall, was Patrick sick ? A. He was sick at times. Q. Did you at any time send word to Richard Hal- pine to come up to Patrick's place ? A. I did. Q. How did you send the word ? A. By telegraph dispatch. Q. From what office did you send the dispatch or dis- patches ? A. It was by the telegraph from Becker's drug store, in Morristown. Q. Who wrote the dispatch or dispaches ? A. I believe I had them written at the telegraph- office. TESTIMONY OF EDWARD ROWE. 179 Q. Did anybody tell you to send the dispatch for Hal- pine ; and, if so, who told you ? A. First dispatch I sent, my cousin, Patrick Rowe, , told me. Q. How about the other dispatch ? A. The other dispatch I sent myself, instructed by • Father Hoey to do so. Q. Did Halpine come up in answer to your first dis- patch ? A. He did. Q. Why did you send a second dispatch t& him ? A. Because we wished him at the house at the time Patrick was sick. Q. About how many days were there between the sending of the first dispatch and the second dispatch ? A. Three or four. Q" Did you ever send or cause to be sent any dis- patches, except these two ? A. Never. Q. Did Bichard come up after sending the second one ? A. He did ; but not in answer to the dispatch ; I be- lieve he started away from the house before he received it. Q. Was there anybody else at Patrick's house at the time that Richard was there — I mean at those times when you were sending those telegrams to him ? A. There was a gentleman by the name of Mr. New- shan. Q. Where were you on Thanksgiving Day that year ? A. I was on the farm; I was living there at that 196 time. Q. Where did you take dinner that day ? A. Took it home. Q. What place do you mean by home ? A.. At the place I was living, Patrick Rowe's. Q. Who else took dinner there that day ? A. Richard Halpine. Q. Anybody else? A. Not that I recollect. Q. Do you remember who carved at the dinner ? A. I think it was Mr. Newshan. Q. Do you recollect how long it was after that Thanksgiving that Patrick went to New York ? A. I do not ; I don't exactly remember how long it was. Q. Do you remember Patrick Rowe's going to New York to attend an anniversary mass for his brother Ed- ward ? A, I do. flSO TESTIMONY OF BBWABD ROWB. Q. Who, if anybody, went to New York with Patrick ' on that occasion ? A. I think it was a clerk of Mr. Flanagan's ; don t re- member whether it was at that time or not ; think it was. Q. What was the clerk's name ? » A. Andrew. Q. Was he out there more than once ? • A. Not that I recollect of ; did not see him more than once. Q. How long before he and Patrick started down to New York did he come to Patrick's place ? A. He came there the night before. - Q. Bid anybody come to Patrick's house while he was away on that occasion ; if so, who was it ? A. Mr. Kock and family — wife and little girls, and a baby ; there was two hoys there, at the time, of his, I believe. Q. Did Mr. Rock and his family stay there a short or considerable time ? A. They staid there from that time until the latter part of August. Q. Anybody come there after Bock and his family left ; if so, who ? A. In about a week afterwards, Father Duffy and his niece came there. Q. What was the niece's name ? A. Catharine ; I can't tell the other name ; (Ganavan, I think). Q. How long did she and Mr. Duffy stay ? A A week, or thereabouts. Q. How long before Mr. Duffy came back again? A. Few days ; don't know now many. Q. Did anybody come down with him then ; if so, who ? A. A niece of his by the name of Ellen Canavan. 197 Q. How long did Miss Ellen stay there ? A. I don't know ; about two weeks. Q. Did she go away before Patrick died ? A. She did not. Q. How much of the time did Father Duffy stay there after he brought Miss Ellen there ? A. I can't exactly say how long it was ; a week or ten days. Q. Did he stay all the while from the time he brought Miss Ellen there until he went away, or did he go away a part of the time ? A. I think he went home once while she was there. Q. Did he come back again before Patrick's death ? A. I think he did. TESTIMONY OF EDWARD EOWE. 181. Q. While Father Duffy was there at Patrick's, during Patrick's last sickness, did Father Duffy have any talk " with you about Mr. Rowe's will and Dr. Flagler ; and, if he did, tell us what was said ? A. He did ; he said that Flagler had wanted to be an executor, and that he wouldn't trust him ; but that he would draw up a false will, and present it to Patrick Rowe, and get him to sign it ; that he might sign it be- fore he would think, and that he might get some damned Yankees to witness it. • Q. Did he tell you anything he wanted you to do in respect to these Yankees ; if so, what was it ? A. I asked him if I should keep an eye on him, and see any papers presented to him, to ask to see what was in it. Q. What did Father Duffy say on that point ? A. He said yes ; that if I should see any paper pre- sented I should ask what was in it. Q. Did he say anything about how these Yankees would swear that Flagler might get ; if so, what ? A. He said that they might get the damned Yankees to swear to anything he would wish, or something to that effect. Q. Did he say how he knew that_Flagler wanted to be an executor ? A. He did ; he said that Flagler had asked him to be one. Q. Asked who — Duffy or Patrick ? A. Flagler had asked Duffy to use his influence with Patrick to get it for him ; if there was anything to be made he would like to make it. Q. How long before Patrick died had you and Duffy had this talk ? A. About a week or ten days, I should think Q. Do you recollect it was before or after the feodicil 1 98 had been signed ? A. It was before ; I recollect now that Dr. Flagler had asked Duffy what he had been called down there for that evening ; Duffy, I believe, told him he did not know, with the exceptions that Mr. Rowe, he believed, was going to make soine alterations in his will. Q. Which of Father Duffy's nieces was the oldest, Miss Catharine or Miss Ellen ? A. Miss Ellen. Q. What did Miss Ellen do while she was there ? A. She waited on Patrick Rowe. . Q. Did you see Father Duffy get any money out of At+^ .. Mr. Rowe's safe ; if so, when was that ? ^ ' , A. I did ; the day before he died. Q. Where was the safe at that lime ? / 182 TESTIMONY OF EDWABD ROWE. A. It was in the side-closet. Q. In what loom ? A. In his own room, (Patrick's). Q. How much money did Father Duffy get at that time .'' ' A. He got about ninety dollars in gold, and about forty-eight dollars in greenbacks. Q. Where was the gold, and where were the green- backs ? A. The gold was in the safe ; the greenbacks were in a '* pocket-book in his pocket. Q. In whose pocket .'' A. Patrick Kowe's. Q. How did Father Duffy get the pocket-book that had the greenbacks in ? A. He called me to the closet, took them out of his pocket, and showed it to me, (Patrick Howe's pocket). Q. Where was Patrick when he was getting the gold and greenbacks ? A. In bed. Q. In that same room ? A. Yes.? Q. Did Patrick say anything ; and, if so, what did he say at that time ? A. He did not. Q. Did he look up or notice what was going on ? A. Don't think he did ; I didn't look at that time. Q. Did Father Duffy say what he was taking that money for, and what he was going to do with it ? A. He did ; he said he was taking it to sell the gold to help pay the funeral expenses. Q. Where did he get the key from to open the safe with ? A. I do not know. Q. Did he ask Patrick Rowe for it, or say anything about the key ? 199 A. He did not. Q. Did he say anything about there being or having been more gold in the safe ; if so, what did he say about it ? A. He did ; said something about it ; I understood him to say that at one time there ought to have been one hundred and sixty dollars ; (for at one time Edward Rowe had had that amount) ; don't remember exactly whether it was one hundred and sixty dollars or not ; it was in the neighborhood of that sum. Q. Did you see any watches in that safe at that time? A. I think I did see the watches at that time— two. Q. What became of that safe ? A. It was sent to Father Duffy's house, Thompson- ville, Connecticut. TBSTIMONT OF EDWARD KOWE, 183 Q. At what time, in reference to Patrick's death ? A. In five or six days afterward ; don't remember ex- actly how many days alter it was taken, Q. Anything else sent with the safe ; if so, what ? A. There were two clocks, three barrels containing li- quor, a chair ; I don't recollect ; there were some other articles ; don't know what they were. * Q. How did these things come to be sent to Thomp- sonville ? (All this evidence objected to, as irrelevant.) A. I do not know. Q. How were they sent ? A. By express. Q. Who took them to the express-office ? A. I did. Q. Who told you to do that ? A. Father Duffy. Q. Do you know whether Patrick went to confession while you lived with him ? A. He did. Q. Do you. know whether he made confession in his last sickness, while Father Duffy was there, or not ? A. He did. Q. How did you learn that ? A. By Patrick telling me he received the rites of the church. Q. Whereabouts did you sleep while Patrick was alive — what part of the house ? A. I used to sleep in the room above the kitchen. /* Q. Up stairs ? A. Yes. _ • , Q. Where did Patrick sleep — what room ? A. In the room at the other end of the house, down 200 stairs. Q. Did Patrick ever get into your bed with you ? A. He has come lip stairs and sit on the edge of my bed ; sometimes laid down alongside of me. Q. Was that in the night-time ? A. Yes. _ . ' . . Q. What reason did he give for coming into your room, and sitting and laying on your bed ? A. He used to say that when he would b e laying on his own bed and couldn't sleep, he would get to thinking,- and he would come up to me. Q. What else did he say about it ? A. He used to say that he didn't know what made him think so much of me that he would come up, unless it was on account of my name ; that I was called after his brother. 24 184 TESTIMONY OF EDWARD EOWE. ^ Q. Did he tell you what or who he would be thinking ' about at those times he couldn't sleep and left his bed ? A. I believe he did say it was his brother ; he took his brother's death very hard. Q. Did he ever come to your bed in the night-time, * before his brother died, complaining that he couldn't s eep in his own bed ? A. He has ; I had him come in my room in the night- time, shortly after the time I was there. Q. After Edward died, did he come in any oftem-r than he had before ? A. He did. Q. How. did he come into your room on those occa- sions, noisily or quietly, and how did he act ? A. He never used to make much noise coniing in ; he would sometimes come in and sit and talk to me, and sometimes lie down ; never staid very long ; would go out. Q. Was there any particular time in the night he came in, or was it at different times ? A. There was no particular time when he came in ; it was sometimes in the fore-part of the evening, sometimes later, sometimes 10 o'clock ; other times early in the morning ; there was another reason that he gave for coming in : it was a habit I had of throwing off the covers ; he came in to see that I w«.s covered up. 2')1 Q. Did he, on any of these occasions, when he came to your bed, appear to be frightened, or in fear of any- thing ? (Objected to, as leading.) A. He never did. Q. Did he come that way to your room a few times, or a good many times ? A. He used to come frequently. Q. Did he do it regularly every ni^ht ? A. No, sir. Q. Did he sometimes lie still in your bed till you got up in the morning ? A. No, sir. »..t— Cross-examined by Mr. Pitney : _ Q. Where did you first go to live after your cousin died — after you left Morristown ? A. I went to my brother's — James Kowe's — 152 West 52d street, New York. Q. Where did you work since your cousin died ? A. I worked in Hoboken, in the Morris & Essex \ R. R. Engine-House as a wiper, and have been an ap- ; prentice since with the firm of Messalier & Curry, at th« roof and cornice business. Q. How long Jdid you work in the Moms & Essex Engine-House ? TKSTIMONr OF EDWARD BOWE. 13) A. I worked there, I guess, in the neighborhood of six « weeks ; got one dollar and forty cents a day. Q. Anybody help you to get that situation ? A. No, sir ; I got it by permission from Irving Willis to say that his father had recommended me ; I told Irv- ing Willis, and he told his father ; he said it was all right. Q. Who is Irving Willis ? A. Son of Mr. Willis, carpenter ; lives in South street, Morristown. Q. Didn't you have a letter from Ira Willis (or the carpenter you spoke of) ? A. I did not. Q. Didn't you present a letter at Hoboken from the carpenter, Willis, recommending you ? A. No, sir ; didn't receive no letter. Q. The question is not that you received a letter from Mr. Willis, but did you not present one from him ? A. I did not ; I did not use very honorable terms in getting the situation ; I had seen Irving Willis there ; he was then a wood-passer for the Company ; I asked hinl if I could use his father's name — tell Mr. Nichols, the engine-dispatcher, that I was recommended by him ; Irving Willis told me I could ; I got the situation ; 1 2^12 came up about one month or six weeks afterwards and seen Mr. Willis ; (I didn't come up for that purpose though) ; I told him what I had done then ; he said it was all right ; I tnld his son a day or two after I got the situation what I had done. Q. You didn't present a letter to Mr. Nichols, pur- porting to have been signed by Mr. Willis, did you ? A. No, sir ; there was no letter at all. Q. When Patrick Howe came home from New York after the anniversary mass, and found Laurence Kock / and his family there, did he act as if he expected them ? A. No, sir ; he did not. Q. What did he say about Mr. Rock and his family / being there ? ^ (Objected to.) A. He said he came there to sponge off him. Q. Did he say anything about Eock having cheated him ; if so, state what ? (Objected to.) A. He did ; he said that he had overcharged him double for a sewer and some flagging ; said he wanted to cheat him out of a note that had been due several years, and that he wanted him to invest a certain amount of money (didn't; say how much) on a third mortgage on a ■'' house. Q. Did he say what kind of security this third mort* gage was— whether it was saf3 or not ? 186 TESTIMONY OF EDWAKD ROWB. A. Said it wasn't safe. Q. Did he say whether Rock had told him the truth about the mortgage or not ? (Objected to.) A. Didn't say. Q. Do they have a well down to the Bellevue House ? i A. They have a well, but it is never used ; it is under the wood-shed, covered up. Q. How did you get water there ? A. By a ram — ^forcing it up to the house from the bot- tom of the hill. Q. Does that run pretty steady ? A. It used to take a great deal of repairing. Q. Would it stop when it got out of order ? A. It would. Q. What would you do for water then ? A. Go down and start it a-going, if I could start it ; I would fix it if I could start it ; when I couldn't I would go to Mr. Searing's. Q. Did you ever get anybody else, besides Searing, to repair it ? 203 A. No one ever undertook to repair it but Eichard Halpine, except the men on the place. Q. Did Richard use to repair it ? A. He didn't understand it ; he used to try. Q. Did Richard have some plumber's tools out there ? A He did bring a soldering-iron there ; don't recol- lect of any more tools ? Q. What doctor did you have for Mr. Eowe when he was sick ? A. Dp. Flagler was his regular doctor. Q. Who else ? A. Dr. Fisher was there. Q.' Did Dr. Fisher ever attend him, except in his last sickness ? A. Never. Q. Any _ other doctors, beside Dr. Flagler and Dr. Fisher, visit the house ? A. I tliink there was not, professionally. Q. What train did he leave in when he went to New York to attend the mass ? A. I think he went in the morning train. Q. What day of the week was that ? A. I couldn't exactly say— either a Tuesday or a Wed- nesday. * Q. How was Mr. Rowe for his lameness at that time ? A. He had got a severe hurt shortly before that, I think — down in the lower end of one of the fields. Q. Was he more lame than usual in his weak ankle at that time ? TESTIMONY Or EDWARD ROWB. 187 A. He was so lame at the time he was hurt that he had to be helped up the hill ; could hardly walk, I be- lieve, for some time after that ; always, I think ; his leg was very black, and he limped very much. Q. He was always lame, wasn't he ? A. Always, since I knew him'; since I came to live with him. Q. In his ankle .'' A. Yes. Q. Do you recollect whether or not Mr. Flanagan was out to spend the Sunday with Mr. Kowe the Sunday be- fore he went down to attend the mass .'' A. I believe he was before that time ; that Sunday I recollect the remark tliat Patrick made to me while at the table, not seeming to remember what day Wednes- day would be ; I think that was the Sunday before Mr. Flanagan was there. Q. Do you mean to say that on the Sunday previous he did not seem to recollect what day of the month Wed- 2f 4 nesday would come on ? A. Yes, sir. , Q. Do you recollect whether or not Mr. Flanagan had been out before that, during the spring or summer ? A. Mr. Flanagan used so visit the farm occasionally. Q. Do you recollect whether or not Mr. Kowe was glad to see Mr. Flanagan ? A. He always was. /' Q. How did he entertain him]in the way- of preparing dinners, and so on ? A. He always had nice dinners when Mr. Flanagan came ; would always speak very well when he heard he was coming. Q. Did you ever hear him invite him to come again ? A. Always did. Q." Would he seem to know when Mr. Flanagan was coming — -send to the depot to meet him ? A. That was something he never used to do — -had no carriage ; and only once, I think, I heard him make a re- mark that Mr. Flanagan and Father Duffy were coming, ,_ but they did not come at that time. Q. Do you recollect on the Sunday that Mr. Flanagan was there, before celebrating the mass, hearing Patrick Kowe say anything to Mr. Flanagan about his coming out to help Mr. Kowe down to New York to the mass, on account of his lameness ? A. I think he did make a remark of that kind ; didn't pay much attention to what it was ; I was sitting on the lounge ; he was sitting on a chair. Q. Didn't you understand at the time when Mr. Fhn- ajan's clerk, Andrew, came out on that occasion ioc the 188 TESTIMONY OF EDWAKD ROWE. purpose of accompanying Mr. Kowe down to New York on and off the cars, across the feiTy, &c., &c. ? (Objected to.) A. I gave it no thought what he was there for ; only introduced to him as Andrew, Mr. Flanagan's clerk ; Patrick spoke about his smartness. Q. Did you understand, at the time, when the mass was to be said — the day they went down, or the next day ? A. I did not know what time it was to be said. Q. Did, you see any notice of it in the newspaper ? 205 A. No, sir ; 1 don't get the paper; I heard that it was to be said on the 23d ; at least, I thought that. . Q. Did you learn at the time whether it was said on that day or not ? A. I did not, until after Mr: Kowe came home. Q. What did you learn about it after Mr. Eowe came home ? A. He told me that Father Dutfy had said the mass, and that it was postponed until the 24th ; I don't recol- lect whether I asked him, or he told me why it was ; he told me it was some feast of the church that kept the ■ mass from being said. Q. Did he say he attended the mass or not ? A. He did ; he attended the mass, he said. Q. Did he say whether he went to the cemetery, and visited Edward's grave, or not ? A. He said something about where he went ; I don't recollect where, he said something about him going ; he went in a carriage, wherever it was ; he said Father Duffy was trying to persuade, or said he ought to get a *■ larger monument over the tomb of Edward Kowe. Cj. Did he say anything about going up into Westches- ter County to visit a young lady that Flanagan was en- gaged to be married to ? A. He did say he had been there ; told me of the en- joyment he had there ; that Mr. Flanagan sang, and the young lady sang, and that she played the piano ; her name was Miss Kearney. Q. Do you know whether he was acquainted with this young lady or not ? A. He was. Q. Do you know what he thought of her — whether she was a nice person or not ? (Objected to.) A. He seemed to think she was very talented and very smart ; said something about her being very well edu- cated and very wealthy ; she had been on a visit to our house on the 4th of July. TESTIMONY OF EDWARD BOWE, 189 Q. Did you hear him say anything about whether ho approved of the match or not ? (Objected to.) A. I did not ; heard him say he was going to be mar- ried to her ; that was all. Q. Was Michael Diery out to tlie farm after the store was closed that summer in New York ? A. He was. Q. When Patrick came back from New York after the 206 occasion of the mass, did he say he had a good lime, gen- erally — enjoyed himself or not ? A. Yes, sir ; he did. Q. Did he say how he had enjoyed himself ? A. Yes ; he did ; I don't recollect hearing him say only one thing — that he never laughed so much as at Father Duffy, or enjoyed anything so much as when he joked at some hotel where they were that night. Q. Did he seem to be mad at Father Duffy, or Mr. Flanagan, for taking him around so much .? A. No, sir. Q. Did he say anything about Mr. Flanagan introduc- ing him to some friends of his in Brooklyn, where they went to a funeral ? A. I don't recollect whether he did or not. Q. Say anything about going to a funeral in Brook- lyn.P A. He may ; don't recollect. Q. When was Patrick Eowe taken sick after that, so he had to send for the doctor ? A. I don't recollect how long after ; it wasn't long after he was there ; he, the workman, and myself were down in the field loading hay on a wagon ; he wasn't very well at that time ; but still he was down helping us ; Mr. Kock had gone to New York that day, or the day before — don't know which — and he had lifted a very big fork of hay, more than he could carry ; don't know as that was what hurt him ; heard it was. Q. How did that afli'ect him ; did it aff"ect his breath ; make him faint or not .P A. He kind of started when he attempted to raise it ; but carried it to the wagon ; went and sat down after- ward. Q. Did you notice any change in him after that ? A. Yes, sir ; from that time he began to get sick ; he made a remark to me once that it was that that left him as he was ; it was something in that way he said it ; don't recollect exactly how he made it. Q. Do you mean by that the lifting the fork full of hay .? A. Yes, sir. 190 TESTIMONY OF EDWARD BOWB. Q. D-d he tell you whereabouts he felt the (,'iF(.'ct« of it? A. Ha did not. Q. How long after that, did Father Duify come down and the doctor begin to see him ? 207 A. He had come (Father Duffy) shortly after ; how soon, I do not know. Q. How did Father Duffy come to come down ? A. Don't know. Q. Did you ever know Mr. Rowe to send for Father Duffy ? A. Don't recollect that I ever had ; I heard him men- tion something in that way — that he had caused a letter to be written to him. Q. What was that letter written for ? A. It was concerning the anniversary mass, I believe. Q. Do you know how Mr. Flanagan came to come out after he was taken sick ? A. I do not. Q. Do you know anything about Michael Diery hav- ing been sent to, to have Mr. Flanagan come out ? A. No, sir ; do not. Q. After Father Duffy came out what did he busy himself about ? A. He generally used to sit Up every night with Mr. Howe. Q.. Was Eichard Halpine out there in his last sick- ness, waiting on him ? "••■■ A. He was. Q. Do you know who Mr. Eowe preferred to have wait on him and take care of him ? A. He seemed to prefer Father Duffy. Q. How many women did you have about the house — of your family ? A. Only one. Q. Who was she ? A. A woman by name of Catharine Lynch had been there, I believe several years ; at least, two years before I was. Q. Did Catharine have a pretty hard time of it, dur- ing Patrick's illness ? A. She was sick the last week ; don't know exactly the cause of it. • Q. Do you know whether she used to sit up late and get up early and work hard ? A She used to work very hard, I believe ; am not much of a judge of a woman's labor ; she seemed to be Tiry fussy— always at something. Q- Do you know whether, or not, Father Duffy's niecQ • rei-dered any assistance about the house ? TESTIMONY OF EDWARD ROWE. 19l A. I believe she did. Q. Who did the house- work while Catharine was sick ? A. I believe, while Catharine was sick, there was an old lady by the name of Robinson done the work ; I be- 208 lieve Father Duffy went to New York to try and hire a priest to go and say mass for him ; Miss Canavan waited on Patrick while he was gone. Q. Did Father Hoey come down there during Patrick's jlasl illness ? A. He, did. Q. How often ? A. Once or twice I recollect of. Q. Did Father Duffy ask you to come to the safe and see him count the money when he took it out ? k. He did. Q. "Who was pivsent ? A. His niece, Miss Ellen. Q. Did he also ask you to come and see him count the money in the pocket-book ? A. He did. Q. Had vou heard of the watch being stolen before that ? A. I had. Q. How long before ? A. A day or two. Q. Then you didn't see but one watch, did you ? A. Only one gold watch and one silver watch, when the safe was open befort-, about 7th August-; Patrick showfd me two watches ; said there was one gone ; * thought it was misplaced. Q. Then the watch was missed about 1st August ? A. Don't know what time it was missed ; this was 7th or 8th August ; the reason I know it was on that day, I had collected some money for him, about one hundred and thirty-five dollars ; he showed me the contents of the safe then. Q. Where did this chair eome from that Father Duffy took away ? A. It came from New York ; don't know how long before ; it was during his last sickness ; a week or so be- fore he died. Q. Was Halpine there a good deal during his last sick- nass .'' A. Yes ; he was there, off and on, a good deal. Q. Did Halpine drink any while he was there ? A. Yes ; he drank some. Q. Ever get a little drunk there ? A. I saw the effects of it on him ; could not say he was drunk. _ 25 *♦ 192 TESTIMONY OF EDWARD ROWE. Q. Do you recollect of being called up in the night 209 once, on alarm that Patrick was dying ? A. I do. Q. Do you recollect of Patrick calling Halpine a drunken fool ? A. I do not. Q. How was Halpine that night as to being sober — the night you were called up ? A. I couldn't say he was drunk. Q. You didn't hear Mr. Rowe confessing himself to any priest ? A. No, sir. Q. Confessions are generally private, are they not ? A. Yes, sir ; I didn't, hear anything, except that Father Duft'y had went for Father D'Arcy, privately, and prepared him, so as not to put him uneasy or scare him ; I merely heard that from another person ; did not hear it from Father Duffy. Q. Did Patrick say to you after that, that he had re- ceived absolution ? A. No ; he didn't say absolution ; he said he had re- ceived the rites of the church. Q. From whom ? • A. From Father D'Arcy, I think. Q. Where was Father D'Arcy then ? A. He was stationed at Morristowu. Q. You said something about Father Duffy going to Father D'Arcy's privately ; do you mean that Father Duffy went for Father D'Arcy without letting Mr. Rowe know that he had gone, so as not to frighten Mr. Rowe ? A. I don't mean anything of the kind ; I merely give it as I heard it from another person ; that is as I heard it. Q. Is that the way you heard it ? A. That is the way. Q. Was you there the night the codicil was drawn ? A. I was. Q. Were you about the room when the codicil was be- ing executed ? (Objected to, as not a cross-examination.) A. I was in the hall. Q. Did you hear Patrick Rowe say anything about who should be executor of the will ? (Objected to, as not a cross-examination.) A. I did not. Q. Did you hear Patrick Rowe tell Mr. Flanagan to say who should be executor with him ? 210 A. I did not hear him make any remarks as to what _^was in his will or codicil. lip Q. At the time Richard was out there to see Patrick when he was sick, was the doctor attending Mr. Rowe ? TESTIMONY OV EWWARD ROWB. 193 A. Hi-s last illness he was. Q. How about the first time ? A. Don't recollect; Ejiihard wa^s there q;Write frequently. Q. What was Newshan doinlLJfc ;fh«»& ? A. Came there for turkeys, J^bSeve. Q. How long did he stay ? A. Don't recollect ; used to stay one night, though. Q. Did he stay a week or two ? A. No, sir ; he did not. Q. Did he stay more than one night at a time ? A. He did stay two nights once. Q. What was Newshan doing theie two nights in suc- cession ? A. He came there one Sa.tUirday night, staid over Saturday night and Sunday night ; di«p't know what he was doing ; sup])0se he came tio< see Mr. Bowe. Q. , Was Halpine there at that time ? A. He was. Q. Was that the time he bought the turkeys ? • A. No, sir ; that was the object of his visit every tinie he came. Q. Did Patrick Eowe ever say anything to you about Dr. Flagler wanting to get something out of him by his will ? A. No, sir'; he never did. Q. Did you understand Father Duffy to say that Flagler had asked him (Duffy) to use his influence with Mr. Howe to have him (Flagl(ir) appointed executor of his will ? A. I did. c Q. Did you ever hear Mr. Eowe say anything abOfit that ? A. I did not. Q. Did you ever hear Dr. Flagler ask Father Duffy what it was that Dr. Fisher and he were called there that evening for ? A. No, sir. Q: How do yon know that he did ask him that ? A. Father Duffy told me so. Q. Did he tell you that at the same time that he told you Dr. Flagler wanted to be appoiuted executor P A. He did. Adjourned until 2 o'clock, P. M. 2 O'CMCS, P. M. 211 Edward KoWe, a witnes*on part of caveators, recalled on cross-examinajtiom, : At this point the case was adjourned for the ,\s/^eel^^ and the examinatioo of the witness stands adjourne^^ until 5'riday, 10 o'clock. A; M. It is therefore under*- 25* 394 TESTIMONY OF EDWAHD KOWE. stood and mutually agreed tliat in case the witness. does not attend at that or sOme other time to be further ex- .amined, the evidence already takert shall be considered in the case, and used in all respects in tlie matter as if his examination had been formally closed and he had signed his name to the same. JOS. W. BALLENTINE, .. , . Surrogate. Adjourned until Friday "morning next, 2 1st August. 212 ',, Frida,¥ MoRNiNfi, August 21, 1868. Edward Rowe, a witness called on cross-examination : Q. While you lived at Patrick Kowe's did any of his relations from Bridgeport come to see him ? A. They did not,, Q. Did yon ever 'hear him say anything about his Bridgeport relations ? (Objected to, as not a cross-examination.) A. I heard him speaking about them once or twice •when he had been there to visit them. Q. State what he said. A. He merely stated to me, he had been to see the Levertys at Bridgeport, and his Bridgeport friends ; he mentioned the Levertys. Q. Did he ever say anything to you about his rela- tions in general, and what he thought of them ? (Same objection.) A. He did. iQ. What did he say ? (Same objection.) A, rHe sdid- he had no friendW that he cared anything aljout ; that is, no relatioris with the exception of Rich- ard Halpine and myself ; he would never recognize any of them, because they always expected him, to have his hand in his pocket;' ' '' ' "' •" • , , , Q- Did he, say, a-nything about .Richard Lawless and Richard Cuiiniri^haili ?''- '"' • (Objected 46,' as ii"Sta.-ci-bss-examinatiiin.) ,^ ; A. Yes; he said they got into a.quarrel one time'-m front of his store in Elni strefet (that was) about 'wto was to have possession of tjie property— aTjout the prop- erty thd,t -^aaWiere* I believe— don't know as it was that property oi'iib't-" -^ ' ' '■'''■■ Q. Did he say \yhen they had the quarrel ? A. Yes .; I belieVe it was shortly after ^tward Rowe's death. ■ ■ ' ■: ■ ■ « "■ ; '■ -, - Q. Tell allhe said about that. ' '-'' • (Objected to, as not a cross-examination.) A. He said, I believe he told me that Dick Lawless paid (it was one of them ; don't know whether it was TESTIMONY OF EDWAllD KOWB. 195 Lawless or not), lie said they were going to open the store ; the other one said he was going to open it ; or he was a nearer relative than he was ; I forget his exact words. Q. Did he say what he thought of Cunningham and Lawless ; if so, state it ? (Same objection.) A. He said he didn't care whether he ever saw either one of them or not. Q. Did Patrick use spectacles ; and if so, for what purpose ? A. He did when I ever seen him go to read anything, I see him put on spectacles. Q. Did you ever hear him read aloud. ; if so, what ? (Same objection.) A. I heard him read the prayer-book and the news- paper, ^ - y. What sort of a man was Mr. Rowe' in dealing--'213 making a bargain ? (Objected to as not a competent ci[ue8tioo, and not a cross-examination.) A. He was very shrewd ; always wanted the last penny. , . Q. Did he get it generally ? A. He most generally did. i Q. How was he about his, dealings with his. work- hands, keeping them to work, and driving the farm on ? (Same objection.) A. He would always keep, them pretty steady at work. Q. When you sent the first dispatch to Richard Halpine, was Mr. Rowe sick ? A. He was. . ,.. , . Q. What was the matter ? A. I don't know ; he had kind of a vomiting ; I be- lieve he told me it was bile of the. liver. Q. Was he much sick, or a little sick ? A. He seemed to be middling sick, but could get out of bed. Q. .Did you sleep with him the night beforp you sent the first dispatch to Richard Halpine ? A. I did. Q. What kind of a sleeper are you, sound or other- wise .'' A. Very sound. Q. Did Mr. Rowe comphiin of you in the morning ; if so, what was his complamt ? . , ' A. He did ; said he asked me in the night to get up and get him a drink of water ; told me I had put myl arms around his neck, and asked him if he couldn't wait until morning ; that is what he told me in the morning. 186 TESTIMONY OV fiBWASB KOWE. Q. Bid you recollect atiything about his speaking to yoti in the night ? A. I did not. Q. Did he give any reason in connection with that for his sending for Halpine ? (Objected to, as leading.) A. He did ; he said I should telegraph to Richard Halpine to come up, as he could wait on him better than I did. Q. Did he seem to be in a good humor about your refusing to get up in the night ? SSame objection.) lid not. Q. That night that you slept with him, before you sent the first dispatch for Halpine, did you see any signs of craziness or delirmm tremens about Mr. Rowe ? (Objected to.) A. There was not. Q. Do you recollect whether the doctor attended him when he had the delirium tremens always ? (Objected to.) ^ A. He did. 2X4 Q. Who, which doctor ? A, Flagler. Q. Did you ever know him to have the delirium tremens when the doctor was not sent for ? A. I did not. Q. Do you recollect whether or not the doctor was attendiiig. him when Sidney Newshan was there, and he had the delirium, tremens ? A. 1 think he was. Q. Did you hear him say why it was that Rock and his family came out while he, Rowe, was in New York ? (Objected to.) A. He made the remark when he got me in New York, "He came out to sponge on me." Q. Rowe made that remark P A. He did. Q. Do you recollect on any occasion when Patrick Rowe was present, that summer when Mr. Duffy came there with his youngest niece, shortly after the anniver- sary mass, of hea:ing Mr. Duffy saying anything about Patrick's will, and what he had done with his property ; if so, state it ? (Objected to.) , A. Nothing more than Father Duffy said to me, that ^if I did not do what was right, I would not get a dollar mi that propertjr, because ^x. Rowe had left it all to Fhim, TESTIMONY OF EDWARD UOWE. I97 Q. Where was Patrick when Mr. Duffy said this ? A. He was standing in the kitchen, a few feet behind Father Dnffy. Q. How came Father Duffy to say this to you ? A. I don't know, unless it was that I used to be out pretty late nights to singing-school, at practices we had in the church. Q. Was Father Duffy finding fault with your conduct or behavior ? (Objected to.) A. No, sir^ Q. W^hat did Patrick say to that ? A. He made some remark after Father Duffy had went, concerning it ; I do not recollect what it was ; something about my boss ; don't recollect what. Q. Do you mean by that, he said that Duffy was to be your boss ? (Objected to.) A. Don't know what he meant ; I have forgotten the words he said about it. Q. Did any "of the Bridgeport people, the Lsvertys or the Rowes, say anything to you about giving you any- thing out of the property in case they broke the will ? A. Michael Leverty made a remark thati might get the farm if the will was broke ; that the heirs could settle it upon me. Q. Who is this Micheal I/everty ; whose son is he ? 215 A. He is Mr. Leverty's son, at Bridgeport. Q. Do you know whether his mother is one of the per- sons contesting this will, or not ? A. She is, I believe. Q. Has he, this Micheal Leverty, been here during the trial ? ' A. I saw him here at the time it was tried in the Court House — before the Orphans' Court. Q. When was it he told you this about settling the farm on you .'' A. Before the first caveat was withdrawn. Q. How long after Patrick died ? A. Don't recollect — it wasn't long. Q. Where Avas he when he told you this ? A. I think we were in the street by the Post Office, or that part of- the square ; I think it was there that I told his remark to Richard Cunningham. Q. Did any of the Bridgeport people ever talk to you more than once in that way ? A. No, never ; no one ever spoke to me in that way only Micheal Leverty ; he spoke only once. ■ '• Q. Did he tell you why they were going to be so cleiigfc -*^oing to give you this farm ? ' ^^ 198 TESTIMONY OF EDWARD ROWB. Q'. I believe he said that it ought to have been mine. Q. About that time did they ask you to make any affidavit — help them with the evidence ? •■• A. I do not think they ever asked me to make any affidavit ; I don't know what they said about helping them about the evidence ; don't recollect as they ever said anything. Q. You (lid make an affidavit, or sign some paper about what things Father DuiFy took away after I'atrick's death, didn't you ? A. I made tliat affidavit ; I believe it wijs at the re- quest of Mr. Vanatfa Q. Did any of the Levertys or Rowes, from Bridgeport, come to the farm after -Mr. Rowc's funeral ? A. They did. Q. Did you see them looking at his papers, letters, &c.? A. I did see them overlooking some letters that was written by Father Duffy to my cousin, Edward Rowe. Q. Do you know whether they took any of those away or not ? A. They did. Q. Where did they find them ? A. I don*t know exactly where they found the ones they took away ; some they found -in the closet — some •they found under the wood-shed. Q. Who was it that got ttiose papers and letters ? A. I believe I handed one or two of them to them myself. Q. Who was it that took tliem away ? A. Michael Lever ty. 216 Q. On these occasio,ns, when Pfitrick Rowe came to i your bed at night, did lie ever takq' any improper liberties with your person .f* .' A. I decline to answer that question. Q. On what ground do you decline to answer it ? A. On the ground that I understand there is a law in the State of New Jersey that^.will protect any witness from exposing himself. Q. Do you decline to answer what Patrick Rowe did ? A. I decline to answer any q^uestion concerning mysilf in that way. Q. How often was he in tiie'habit of g'ling to your bed at night.? Can you tell us whether he Avent once a week, or once a month^'or how often ? A. I couldn't say how often — sometimes often and sometimes not so often. ". Q. What were Mr. Rowe's iiabits about getting up in the morning-^^pleasant summer weather ? * A. He used to be a middling early riser — .sometimes TESTIMONY OF EDWARI} RQWK. IQf yery early ; jie used to get up before I did, and I got up middling early. . Direct resumed, . r j&a;ami«ed by Mr. Vanatta :: ,' ,« Q. Who told yon that there wag a law in New Jeigey that would excuse a witness from exposing himself." A. 1 had heard so; think I had read some aocount of it in the vaper, where there was sonie witness was exi^ mined—I lieUeve it was in Trenton — thiiit, declined to answer the question, on the ground that h^ shouldn't criminate hiiiiself; so, therefore, I thought from that that there must be a law to keep him from.,«xposinw himself ; I made a mistake ; I didn't read. It ju the paper ;, it was Mr. Alexander ,Jjev,^rty told me so, Q. When did,, Mr. Alexander Leverty tell you so, and where ? " \ A. He told me so in Morristown, during the time the trial was going on ; I can't be positive, but I think it was the time that Jndge Gross was being examined. Q. How did he come to tell you that ; what were you talking about ? A. No ; I guess it was while Mr. Flanagan was being examined, when he declined to answer a question ; I do not recollect. Q. Were you' talking about anything that had taken place between you and Patrick Rowe ( I mean you and Mr. Leverty) ? A. I do not recollect what the conversation wa% 217 Q. Have you had any talk with Mr. Flanagan, or heard him say in your presence about, you not ,l^elng bound to answer questions 1? ,, A. I have not. I Q. You had a talk with Mr. Flauagan yesterday, had you not ? , ^, A. I believe we talked a little yesterday. Q. Where? " . .. ':-, A. I talk, d ^yith him in New York. p Q. Did he ask you anything about any liberties taketi with you by Patrick Rowe ?! .^|^ A. I believe he did. '; Q. Did he tell you where he had heard of such a thing, or how he had got hold Of such a thing ?, , A. He did not. - i Q. Did he tell you, you would be questioned about it out here ? A. He asked me the qiieslion, and I declined to answer it, tor I considered it an insult. Q. Did you come out to Morri^tiown with Mr. Flana- gan last night ? "< A. I did. 200 TESTIMONY OF IDWAHD ROWB. Q. Whereabouts in New York did you meet with Mr. Flanagan yesterday ? A. In his office. ** Q. Who went there with you ? A. Me and my brother went there together — my brother James. Q. Did you ask your brother to go with you, or did he ask you to go with him ? (Objected to, as irrelevant.) A. We went there together. Q, Question repealled. A. 1 believe my brother asked me to go there with him ; we both went together, though. Q. How lung have you been living with your brother ? A. I have been living with my brother, I suppose in the neighborhood of ten months. Q. When you had that conversation about the farm, didn't Michael say that he had understood the farm had been left to you by the will, and that the relatives were all satisfied with that ; or words to that effect ? A. I do not recollect of his saying anything but that the heirs could settle it on me, if the will was broke ? Q. Didn't he say in that conversation, that they had expected Patrick wjpuld give you that farm, and that they were all satisfied that that should be so ; or words in meaning to that effect ? A. -I don't recollect whether he said that or not ; but he said the farm would be rightfully mine, cr should be mine ; something to that effect. il8 Q. Who were present when Michael had that conver- sation with you ? A. I don't recollect whether the other friends were just with us ; but 1 recollect they were not far behind when he made that remark; I think that Alexander Leverty and Michael Rowe were walking together at the time. Q. You say that you told Richard Cunningham about it : how soon after did you tell him that ? A. I can't say how long it was after, but I think — don't recollect whether we had been to the Surrogate's Office, Court-House, or Mansion ' HoiTSe — we had been up that street, and were coming down. Q. Was that ou the same day that Michael told it to you ? A. I think it was shortly after. Q. What account did you give Richard of it — tell ua the language you used to him ? A. 1 don't recollect exactly liow I said it to him ; but I toll him that — that what Michael Leve*tjhad said about it — concerning the farm. TESTIMONY OF EDWARD ROWE. 201 Q, Did you tell it in the same way Michael had told it to you ? A. 1 don't recollect whether I did or not ; I think I did ; some such similar words ; don't recollect whether I used his words or not * Q. Have you not said several times, Edward, that when Patrick Eowe used to get in hcd with you nights, that he appeared to hd afraid, and would tremble so that you could almost hear his lieart beat ? (Objected to, as leading in a matter introduced by the party calling the witness on his direct- examination.) A. I never did make any such remark ; but I said — at least I have said — wlien I've slept with him, or when he has come up in my room, I could hear his heart beat when he would lay close to me, and I spoke to him about it, and he said " Yes," that he " expected that would carry him off yet." Q. Havn't you said to Alexander Leverty, that he would come into your room and get into your bed as though he was frightened, and in fear, and that he had done it as much as fifty times ? (Same objection, and on the ground of being an attempt to impeach his own witness.) A. I never did make any such remark ; but I believe I did tell Mr. Alexander Leverty at one time — I think it was him I told — that Patrick told me at one time when he took a severe palpitation of the heart, that he was 219 afraid he would die in the room ; whether he was afraid when he came into my rooni or not, I do not know, for I was asleep ;. he wakened me up and told me ; he did not seem to be frightened then. Q. Where did you get the letter that you gave to Michael Leverty ? A. The ones that I. gave him — I don't know as I gave him more than one — I gave him out in the wood-shed ; (think it was two) ; I picked them up in the wood-shed among some old papers, books, and letters that was there — old things. ' Q. Who were those letters from ? A. The Eev. William E. Duffy ; it appears to me they were signed,. " William E. Duffy." Q. To whom had they been written ? (Objected to, because they are in possession of the other party, and can be produced by them.) A. I can't exactly say whether they were written to Edward or Patrick ; they were both open, laying spread out among the papers in the wood-shed. Q. What did Michael Leverty do with them, when you gave them to him ? _ 26 202 TESTIMONY OF EDWARD BOWE. * A. I think he read them and put them in his pocket. Q. Did Michael Leverty take them away from there ? A. I can't say whetluT lie did or not. Q. Did any of the Levertys or any of the Eowes take any letters away from those premises, that you know of, excepting it may be yourself or your brother ? A. They did ; they read two. Q. Who, and when ? A. Michael Leverty showed me two, or rather read me part of them on the train fi;oing down to New York ; at another time he read a letter of Father Duffy's to, jne, up in front of Catholic Church in Morristown. Q. Is that all you know about it ? A. That's all. Q. Were these letters which Michael showed you on the cars, letters that had been written to John Leverty, Michael's father, by Father Duffy ? A. I don't know who they had been written to : they were Father Duffy's letters, I thought, though, they were letters that had been got there. Q. What bargains did you see Patrick make .'* 220 A. I saw him make a bargain for a horse ; I have seen him off and on sell cattle and hogs, and so on, about the the place ; he generally sold all that was sold. Q. What did he get for the horse ? (Question withdrawn.) Q. Who did you see him sell stock to .'' A. I don't just recollect who I see him sell stock to ; but I recollect of seeing him, sell a cow to the workman, Barney Martin ; see him sell two cows to a friend of Mr. Syre, to a drover in Newark or Jersey City, I don't know which ; as to the other things, such as the hogs, he generally fixed a price on. them, and we could sell them as people wished to buy them. Q. What did he do in making these trades that you thought he was shrewd ? A. From the way he would praise the cattle, the mei-its of them, and the way he would stick out in the price. Q. .Had you ever had any experience in buying or selling cattle ? A. No ; I can't say that I had ; I generally heard or knew what cows were going at. Q. When Richard Malpine came up in response to the * telegram you sent for him, did you see Richard before he saw Mr. Rowe ? A. Don't think I did ; think I was at the depot wait- ing for him, and missed him. Q. Now, didn't you meet him at the depot ? A. I think not ; if I did, I don't remember it ; I met Mr. Newshan ; do you mean at the first dispatch ? TESTIMONY OF EDARWD KOWE. 203 Q. I do ? A. I may have met him. Q. When you met Mr. Newshan, did you t'^U him what ailed Patrick ; and, if so, what did you tell him was the matter ? (Objected to, as immaterial, and as a move to impeach the witness in a matter about which they had examined him in chief.) A. I did ; I told him he had the delirium tremens ? Q. On that occasion, before Mr. Halpine had seen Mr, Bowe, did you not tell him Mr. Eowe had the tremens ? A. That depends if it was the first dispatch that he came out to ; I did not if it was the first despatch, and I don't think I did if it was the second dispatch, as I did not see him before he had seen Mr. Eowe ; I don't think I did, at least. Adjournel until 3 o'clock, P. ML 221 Edward Rowe, called on redirect eccamination : ' Q. When Patrick was telling you about this quarrel between Richard Cunningham and Richard Lawless, did he tell you who had told him about that quarrel ? A. Yes, sir ; he did ; I don't exactly remember about the parties ; but one, he said, was Mr. Rock ; lie said had heard it ; it seems to me that he said a man by the name of Mr. Costello and Mr. Diery had heard it ; if there are any more I don't remember. Q. What persons had told Patrick about this quarrel j what person had Patrick got his information from ? A. I did hear, but don't recollect whether it was Mr. Rock told him ; I don't remember ; I don't think it was Mr. Rock had told him ; he said Mr. Rock had heard it and didn't say anything about it ; think that was what he said. Q. Now, can't you tell who Patrick said he had heard this from ,'' * A. I cannot exactly remember who it was. Q. When was it that Patrick told you this ? A. It was sometime after the funeral of Edward Rowe ; can't remember how long after ; I also heard it from other parties besides him. Q. When was it that he said that he hadn't any friends that he cared anything about, except you and Halpine ? A. It was in the spring, shortly after or shortly before (don't remember which) the store in Elm street was broken up ; some of the relations — don't remember which ones — a few of them was there — two, I think — and had asked him for money ; that's how he came to make that remark to me. 204 TEsriMOijy of edwaed koatb. Q. Who was it had asked him for moneV ? A. I beliere my brother was one ; I won't be positive, hut I think he said Richard Lawless was the other ; he was the other. Q. Had he given it to them ? A I bi_4ieve not. Q. Kdii't he say he gave Lawless fifty or one hundred dollars ? A. He didn't say whether he had given him any or not ; the one I was speaking ahout not getting money 222 was my brother ; am not positive whether Lawless got any or not. Q. Was Father Duffy out at the farm before Edward died, except when he came there and went away with Edward ? A. I don't think he was. Q. You f'.ay that you saw the safe on the 7th or 8th of August : how much money was there at that time ? A. To say the amount, I now foi'get ; hut there was sis: one hundred-dollar bills, four twenty-dollar hills — gold pieces^and two other gold pieces of five dollars each r one hundred and thirty-five dollars I collected of Mr. Welah for Patrick Rowe, some silver coins, and I think five dollars in pennies ; there was another pocket- book containing forty or fifty dollars in small hills ; don't recollect the amounl. Q. The one hundred and thirty-five dollars you col- lected of Welsh, was that a part of the six one-hundred- dollar bills, or was that in addition to that six hundred dollars ? A. Yes, sir ; it was ; I think it was ; won't be positive. Q. You spoke about Father D'Arcy being called on to attend Patrick for his confession, about somebody being privately prepared for the confession j who was * thus privately prepared. Father D'Arcy or Mr. Rowe ? (Objected to, because the witness has not sworn that Mr. Rowe was privately prepared by any one, and as an attempt to mislead their own witness.) (The counsel for caveators objects to that mode of instructing the witness.) A. I answer that I did not testify that any one was privately prepared ; all I testified was to what I had heard ; all was by hearsay, nothing else. Q. As you heard it then, who was privately pre- pared ? (Same objection.) A. Patrick Rowe. TESTIMONY OF EDWARD EOWE. 2L'5 Gross-examination of the witness resumed : Q. Who paid your expenses out here last week ? A. Richard Cunningham bought my ticket. Q. Did you understand at whose request you came out, the Bridgeport people on the one side, or Father Duffy and Mr. Flanagan on the other ? A. I understood it was by the request of Michael Leverty ; he was to be in New York or Hoboken, and pay my way out. Q. Who paid your hotel bill here ? 223 A. I don't know ; suppose it was Mr. Leverty. Q. Did you stop at tlie same hotel with the Bridge- port people last week ? A. I did. Q. Did you understand they were to pay for your time also ? (Objected to.) A. I think may be they said something about that to me, that I was to be paid for my lost time ; my brother said it. Q. When you left this office on Saturday afternoon, did you make any promise to the Surrogate ; and, if so, what was it ? A. I did promise him that I would be here on Friday ; that is — to-day. Q. When you got ready to come out last evening, did you have any money to come out with ? A. Not a cent ; I'm only getting three dollars a week where I'm working. Q. How did you get your fare out ? A. Mr. Flanagan paid my way out. Direct-examination resumed. Q. On Saturday last, just before he left town, did not John Leverty give you two dollars to pay your fare to New York and back here ? A. He did not ; Mr. Leverty gave me that one dollar to pay my way up to Bridgeport, in case I wanted to * Q. How much did he give you ? A. He gave me one dollar, besides my fare to New York. Q. That was two dollars altogether, wasn't it ? A. Yes ; the money I spent, because I expected \o get pay for the lime I worked last week ; but didn't receive no money. Q. What time did you leave your brother's house yesterday afternoon ? A. I suppose in the neighborhood of two or three o'clock when I left there ; did not get home from work until after one. 206 TESTIMONY OF BICHAKD CUNNINGHAM. Witness says that he now remembers that it was in 1863 he went to live with Patrick Rowe, instead of 1864, and corrects his evidence accordingly on that ^°"'*" EDWARD ROWE. Sworn before me, John W. Ballentine, Surrogate. 224 Richard Cunningham, a witness, called on part of caveators, sworn : Examined by Mr. Vanatta : Q. Where do you live ? A. 542 East Fourteenth street, New Y ork. Q. What is your age ? A. Forty-two years. Q. Your occupation ? A. Ship-carpenter and Fastner, Q. How long have you lived in New York ? A. About eighteen years. Q. How were you related to Edward and Patrick Rowe ? A. I was a second cousin on my mother's side ; my mother's name was Mary Moran. Q. How was she related to them ? A. She was a first cousin. Q. How long did you know Edward and Patrick .'' A. Groing on twenty-three years. Q. Before Patrick came out to the farm at Morris- town, where did he live ? A. He had been on a farm in Buffalo, New York, at the time I came out here — that is, when I came to this . country from Ireland ; he came out to New York ; stop- ped in the store with his brother. Q. What did he do in the store before he came out to * Morristown ? A. He attended bar for him, same as any other boy. Q. Were you at the store often or not while Edward and Patrick were there ? A. I've been two or three times a month there. Q. Did you come out to the farm after Patrick came out here ? A. I came out once with Edward. Q. About what time was that ? A. 13th of February, 1865. Q. How long were you out here then ? A. Came out in the morning, and went back in the evening. _ Q. Were you out here at the farm the summer Edward died ', and, if so, what time did you come out, and what time did you leave ? TESTIMONY OF RICHARD CUNNINGHAM. 207 A. Yes, sir ; I came out May 4th, 1866 ; I stopped for nine weeks, back and forward. Q. What do you mean by " back and forward" ? A. Doing his business back and forward. Q. During that nine weeks, how much of the time were you away trom the farm ? A. Sometimes I would go in next morning and go back next evening. Q. What were you doing at the farm .P A. Doing farming business. Q. At whose request did you go out there ? A. Edward Eowe. Q. What part of the farming business did you attend 225 to while there .^ A. Planting potatoes, planting corn, spreading man- ure, repairing fences, working in the garden. Q. Why did Edward send you out there at that time .? (Objected to, as iiTelevant.) A. He told nie he was sick, and for I to go out to help him to get along with the work. Q. Who else was working on the farm while you ■vyere there ? A. There was a man by the name of Barney Martin, a Dutch boy — I never could think of his name — and Edward Eowe. Q. Were these three persons working there all the while you were there ? A. Yes, sir. Q. Who took charge — led and directed the work on the farm and garden ? (Objected to, as irrelevant.) A. All that was done while I have been there — I took charge of it by the orders of Patrick Eowe. Q. Why didn't Patrick take charge of it ? (Objected to, as irrelevant.) A. He wasn't in the way of doing it. Q. What ailed him ? A. He had a sore leg, and didn't want to be walking * around without a stick. Q. What did he do while you were there — where did he stay ? A. He would go out once in a while and see us work- ing ; sometimes he would take hold of a tool and fiddle around a little. Q. How much of the time was he out seeing you work ? A. He might go out once or twice in the day when he would feel like getting out. Q. Did he stay in-doors or out-doors the principal part of the time ? 208 TESTIMONY OF EICHAKD CUNNINGHAM. A. The most he would do was around the yard with with the fowls. Q. How was his health while you were there .? A. He told me his health wasn't very good. Q. How was he with regard to the use of liquor during that time .'' A. He used to take a good deal of liquor ; when I went to New York I used to bring out three demijohns each time. Q. Did you see the effect of that drink on Patrick ; and, if so, how did it show itself ? A. Sometimes he would be around and begin to scold ; I told him two or three times to go in and ga to bed. Q. Was he nmch or little under the influence of liquor during those nine weeks ? 226" A. He seemed to be pretty often. Q. How long before Edward's death did you leave the farm ? A. Three weeks ; I left for good ; I told him I was going out to Wisconsin ; he (Edward) lold me I could not go for another spell ; that I had to stop in the store along with the boy ; that he was going into the country for a month or so (to the farm). Q. How soon after you lett the farm did Edward" Eowe come out to the farm for the last time .'' A. He came out the Wednesday after the 4th of July ; I left him in Hoboken ; I left the farm the Saturday before the 4th. Q. Was Edward ever back to the city after that 4th of J uly — alive, I mean ? A. Never, alive. Q. Where were you employed after you went in from the farm to the city, until Edward died ? A. 56 Elm street, lor three weeks. Q. What were you doing there ? A. Helping Michael Diery, the boy in the store. Q. When Edward died, who had the key of the safe * while he laid dead ? (Objected to, as irrelevant.) A. I had it before he died ; I kept it until the day he was buried, and gave it to Patrick Eowe in Hoboken ; I offered it to him three times, and he said I was as well fit lo take care of it as himself ; 1 told him I wouldn't keep it no longer. Q. Were you at the store, 56 Elm street, following Edward's burial ? t A. I've been there the evening after he was buried. Q. What were you doing ? A. I rode from 'the burying with Mr. Flanagan; I just went down there ; Patrick Eowe asked me to stop with TESTIMONY OF EICHAED CUNNINGHAM. 209 him on the farm (this was the day before the funeral he asked me to stop on the farm) ; that was what brought me down there. Q. Question is what you did when you got there ? A. The store was full inside by the time I got there — seemed to be drinlcing theie ; he had two or thre« rounds a piece there ; Michael Diery was behind the bar ; I went behind the bar ; help to wait on one round ; that's all 1 did ; Father Duffy took off his coat and treated all that was in the store, twice or three times, I can't say; he took money out of his pocket and paid lor those rounds ; he said he paid for all the drinks he ever called fur in Edward Kowe's store ; Patrick Eowe told him he 227, didn't want any money taken in that store that night ; ,J. , Father Duffy told him to go away from there, that was his place and not his. Q. Where did Father Duffy go when he took off his coat ? A. Behind the bar, Q. Where did you go when Father Duffy came behind the bar ? A. I went up stairs, took my clothes I had up stairs and went home. Q. Where was Father Duffy when Patrick told him he didn't want any money taken in ? A. He was in the store. Q. What part of the store was it ? A. Standing at the room-door in the store. Q. Who was standing at the room-door .'' A. Patrick Rowe ; Father Duffy was behind the bar. Q. When Father Duffy told Patrick to get out or go away, that place was his and not Patrick's, what did Patrick say to that remark ? A. I didn't hear him say a word. Q. Did he stay there or go away — did he stay in the bar-room or go away ? * A. They were both there when I left. Q. Did Patrick go up stairs before you left ? Yes, sir ; he see me taking my clothes, and asked me where I was going ; I said I was going home ; he asked me if I was going to be down next morning ; I told him I would if nothing would happen. Q. Did Patrick go up stairs after you did, or before you did, or with you ? A. After me. Q. How soon after you went up ? A. Three or four minutes. Q. Why did you go away from behind the counter so soon and leave the bar-room ? 27 210 TESTIMONY OF EICHAKD (JUNNrNGHAM, (The. -whole line of this examination objected tOy as irreleYant.) A. I thought I liad no more business there • there was enough there to see to the business withorct me bijing; tliere any longer, Q, What made you thirik so ? (Objected to, as irrelevant ; thoi^hts of the witness- not evidence.) A. As long as Mr. Duffy took it in hand, Q. When Patrick spoke to you that evening a,bout going out to the farm next day, what did he say he S2S wanted you to go 6nt there for ? A. He told me that he was alone, and be Wanted to have me out there alt)ng with him ; I told him I would be down in the morning about 7 o'clock j I came down in the morning ;. he told me that he thought he hadenongh at that present time on the farm. Q. Where was Father Duffy that morning ? A. I wa& told he was up s.tairs. Q. Who told you. so ? A. Patrick Rowe. Q. The evening before, when you were behind the bar, did you take money for the liquor you served out ? A. No, sir ; I didn't. Q. Why didn't you ? A. It was Patrick Rowe's order not to take any money that evening ; he didn't want the store opened at all. Q. You s€iy that Father Duffy, after he pulled off his coat and went behind the bar, treated the people and paid for it ; who did he pay the money to, or hpw did he pay it ? A. He put it in the drawer himself. Q. How was Father Duffy that night ? (Objected to, as irrelevant.) A. He seemed to me like one that had a good deal of » liquor in the head ; I saw him taking a round with every one that was there. Q. Where were you during Patrick Rowe's last sick- ness ? A. I been in New York. Q. Did you see Mr. Fknagan during that time ? I A. Yes, sir ; seen him pretty often. Q. Did you ask him about Patrick Rowe, and if so, -^ what did you ask him ? J (Objected to, as irrelevant.) A. I asked him how he felt ; he told me each time that I did ask him that he was well and able to be out with his men. Q. How near the time Patrick died did yoli make such inquiries of Mr. Flanagan ? TESTIMONY OF RICHARD CUNNIl^GHAM. 211 A. Last time I talked to Flanagan was the week before he died ; it was just after coming from Hoboken ; I met him in Broadway and Barclay street ; he was coming here to Morristown ] I asked him when he was there before that ; he told me it was a week from that time ; I asked him then how he (Rowe) felt ; he told me he felt pretty well, and was able to walk around the 229 yard ; he (Flanagan) asked me then to take a sail across by the boat to Hobokea again ; I told him I didn't want to. go as I was just after coming across the ferry ; he then asked me to take a walk down to the ferry with him ; I parted with him at the fierry, Q. About how many days was that before Patrick died ? A. About six or seven, Q. What did he want you to walk down to the ferry with him for ? A. We were talking about a fowling-piece -that was in the house at Morristown ; I spoke to him about it several times before he said he would get it for me. Q. Did you know that Patrick was sick, or m a dan- gerous condition, until you heard of his death ? A. I heard once, by a man that Mr, Flanagan, told, three or four days befoje that, that he was lying danger- ously ill ; he told it to this man in Fourteenth street, one evening, (Objected to, as hearsay.) Q. This day that you went with Mr. Flanagan from Broadway down to the ferry, did he say Patrick was in as good health as he generally was, or what did he say * as to Hiat ? (Objected to, as leading, and, as having been already put, in anther form.) A. When I asked him, he told me he felt pretty fair ; he didn't say he was bad, Q. Why were you asking Mr. Flanagan about Patrick's health ,'* A. I asked him on account of his being a friend, of mine — because I liked to hear from him. Q. Would you haye gone out to have seen him if you knew he had been sick ? (Objected to, as irrelevant.) A, Yes, sir; it was my intention to have gone out to, see him if I thought he was that ilL Q. Were you at his funeral ?j A. Yes, sir ; I was at Morristown and to the diurch in New York ; that is as far as I went with; it. Cross-examined by Mr. Pitney : Q. Are you a married man ? A, Yes, sir. 212 TESTIMONY OF EICHARD CUNNINGHAM. 230 Q. Got a wife and children ? A. I have got four children ; my wife has been deatl ten yeare the 15th of March. Q. Where do you live ? A. 542 East Fourteenth street, New York. Q. Keep house, or board ? A. Boanl. Q. How long have you lived there ? A. About three months in that number, Q. Where are your children ? (Objected to, as irrelevant.) A. In Wisconsin, Eock county. Q. Do you work at your trade ? A. Yes, sir ; when I can get it. Q. What wages do you get ? (Objected to, as irrelevant.) A. Four dollais a day, when I work. Q. What wages did Mr. Eowe agree to pay you for helping Mr. Diery attend bar in July, 1 866 ? A. Ten dollars a week and my board. Q. What wages did he agree to pay you out here, working on the farm ? A. Ten dollars a week and my board while I was there. Q. What size was those demijohns you brought out , liquor in to Mr. Ebwe's ? A. One gallon each. * Q. Wasn't it a little inconvenient can-ying so many demijohns at once ? A. I carried them in a traveling-bag. Q. Didn't you suggest that it would be handier to have one big demijohn to cany the liquor in ? A. I didn't think so ; you couldn't put three kinds of liquor in one demijohn. Q. What kind did you bring out, generally ? A. Brought brandy, gin, and wine. Q. Where did you get it ? A. 56 Elm street. New York. Q. Did Edward Eowe know you were getting it ? A. Edward filled them himself. Q. How long would the three gallons last Patrick ? A. I can't tell you ; it was according to how he used it. Q. How often did you bring out tJiose three demijohns full of liquor during the time you were at the farm, nine weeks, in 1866 ? A. Five or six different limes. Q. According to that, he drank two gallons or so a week, didn't he ? A. He used to give an odd glass to his men when they would be hard at work. Q. Which men ? TESTIMONY OF RICHARD CUNNINGHAM. 213 A. His workmen. Q. You didn't drink any of it, did you ? A. Yes, sir. Q. Did the Dutch boy drink any ? 231 A. Whenever he would get it ; it was seldom he did get it. Adjourned until Saturday morning, 9? o'clock, A. M. Saturday Morning, August 22, 1868. Richard Cunningham, recalled on cross-examination : ^ Q. Did the other man that worked there get anything .*, to drink ? A. Yes, sir ; when there was any going round he got his share. Q. Whose traveling-hag was this you had ? A. Edward Rowe's. Q. Black one ? A. Yes, sir. Q. You are sure these were gallon demijohns ? A. No, sir. Q. Were you out at the farm from Saturday night until Monday morning, just before Edward died ? A. Yes. Q. Did you take out these demijohns lull of liquor on * the Saturday night before Edward Rowe died ? A. Yes, sir. Q. Who filled them that time ? A. Michael Diery. Q. Did you carry them out in the same bag ? A. Same bag. Q. Had you been outbetiveen the Saturday before the 4th of July, and the Saturday before Edward Rowe died? A. No, sir. Q. Oa that occasion, just before Edward Rowe died, ' did you settle up with Edward for your services ? A. No, sir ; all I got was one five-dollar bill the day he left for Morristown, to pay my board with. Q. Is that all you got for your services, besides your board from Edward, from May 4th, until he died ? A. That was all ; I had two weeks' board from my own home. Q. Did Patrick Rowe ever settle up with you for those services ? A. No, sir. Q. Did he offer to pay you for them shortly after Edward died ? A. He offered me fifteen dollars, and I wouldn't take it. Q. Did you present a bill against the estates ? 232 214 TESTIMONY OF EICHARI) CUNNINGHAM. A. No, sir ; I presented no bill ; I did not know who to present a bill to ; I told it to. Flanagan — all about it and he wrote it down ; besides he told me (Flanagan), if I would take my oath to have no more claiin toi Mt. Rpwe's property that I would be pq-id right away. Q. Didn't you present a bill to Mr. Flanagan against the. estate of EdiWard; Rowe fpr thirty dollars ; anddifiu't he tell you that if you would swear to that bill, that he would pay it as the attorney of Patrick Epwe P A.. My bill was one hundred and thirty-four dollars^ Q, Didn't he t^ell you if you would, swear.- to it he would pay you at once ? A, Yes, sir> Q. Did you swear to it .? A. No, sir ; I. did not swear to it. Q. Didn't you then tell him th^t if he wohW: get that fowling-piece from the farm you would: consider it as full payment ? A. No, sir j I never told him aw.ord about the like ; I sppke about the fowling-piece once to him ; told him, I * would' like to have it ; he told ine that I could, have it. Q. Who was the man in 14th street that, told: you that Flanagan told him Mr. Eowe was very ill .? >, A. Patrick Sheridan. Q. Grive his busipess ? :', A. Stevedore and truck-man. i " Q. How long was that before Patrick Rowe died ? A. Three or four nights. Q. How many, times did- you see Flanagan, in Patrick Rowe's last illness ? A. I seen him a good: many times. Q. HoTV, many times did you go, back and forth to New York during the nine weeks you worked on the farm ? A. From sixteen, to eighteen; times ; in and and; out. Q. Who paid your fere ? A. I paid it myself, with the exception of once, when Flanagan paid it for me coming in with, the funerah. Q I was asking about the nine weeks you were working on the farm : the funeral didn't occur during that time, did it ? ^ A. I paid it myself. Q. Who asked you to go back and forth: ." A. Edward Rowe and Patrick, both. Q. How long would you stay in New York?— when you went down during those nine weeks, I mean ? 233 A. Sometimes I would go down in the morning, and; wouldn't come back till next day evening. Q. Then you spent about half the time in New York during these nine weeks and on the way back and forth? A. No, sir : I did not. TESTIMONY GF RICHAKD CUNNINGHAM. 215 Q. How do you fix the date of the 13th Fehruary, 1865? A. Mr. Kowe himself that fixed the da;te. ' Q. When did he fix it ? A. The day he asked me to go out with him. Q The question is how you recollect now that it was the 13th February, 1865 ? A. I remember by his own talk coming up in the cars ; that was the first time I was up to the farm. Q. Now wasn't it the 13th January, 1865 .? A. No, sir. Q. What day of the week was it ? A. I can't exactly tell now. Q Then how do you recollect the day of the month, and not the day of the week ^ A. By the remark he made the first time he ever asked me out to the farm. Q. What was the remark he made ? A. The remark he made that it was the 13th of Feb- ruary, 1865, the first time I went out. • Q. What day of the month is this .? A. 22d August. /^ . Q. Who gave you the key of the safe .? A. Edward Kowe. Q. Where was he, and where was the safe ? A. He was in Morristown ; the safe was at 56 Elm street. Q. Was Patrick by when he gave yon the key .? A. Yes, sir. Q. What did he give it to you for ? A. He gave me the key to get a bank-book out of the safe, belonging to Charles Davis, that he had in there. Q. What did he tell you to do with the key ? A. He told me to keep it until such time as I returned to Morristown. Q. How long was that before he died .? A. The morning before he died. Q. Did you get the bank-book out ? A. Yes, sir. Q. Did Edward say anything about giving the key to Mr. Diery .? A. No, sir. Q. Who took charge of the money during the three weeks that you attended store during Edv^ard's last ill- ness ? A. Michael Diery. Q. How did that happen .? A. I didn't want to have anything to do with it as 23 1 long as I wasn't there the length of time I was. Q. Does it ordinarily take two persons behind the counter at once to deal out the liquor ? 216 TESTIMONY OF KICHABD CUNNINGHAM. A. Sometimes it did ; at other times we had to spell each other. Q. About how much of the time do you think you was behind the counter during those three weeks ? A. Between two or three times a day. Q. Where was you the rest of the time ? A. Sometimes sweeping off side-walks ; other times scrubbing window-blinds. Q. How mauy persons were there in the store that night after the funeral .f" A. Can't tell — more or less. Q. As many as twenty 7 A. There weie a good many there that night. Q. 1 mean at once .^ A. I didn't count them. Q. Who all were there .? A. There were some friends and some strangers. Q. Name as many as you can .? A. Mr. Kearney (Flanagan's father-in-law), Father Duffy, I was there, several others ; I don't know their names. * Q. Was Kichard Lawless and Mr. Flanagan there "^ A. Flanagan was there ; he was in the room at this time — ^back room ; I think Richard Lawless was there. Q. Lawrence Eock there ? A. I didn't see him ; might have been there. Q. Did you and Lawless have any quarrel there at all .'' A. No, sir ; I never had a quarrel with the man. ' Q. Any dispute of any kind .^ A. No, sir. Q. Didn't you have a dispute with him then, commen- cing about Lawless trying to get into Mr. Flanagan's carriage at the cemetery or the church ? A. No, sir ; I had been in none of the carriages belong- ing to the corpse. Q. Question repeated. A. No, sir ; I had nothing to do about the carriage affair at all. Q. Didn't Lawless ? (Question waived.) Q. Did you see Mr. Flanagan paying for drinks the night after the funeral ? A. No, sir ; I did not. _ Q. Did you see Mr. Kearney paying for drinks that night ? 235 A. r heard Mr. Kearney calling for drinks, but didn't see no money paid for them. Q. Who passed the liquor out, drew the ale, &c. A. Michael Diery and me. TESTIMOKT OF EICHAEU CUNNIXOHAM. 217 Direct-examination resumed ; ''■''' Q. Why did you refuse to swear to the bill that Mr, Flanagan wanted you to ? (Objected to ; because it does not appear that Flanagan wanted him to swear to ihe bill.) A. I didn't want to swear to it until I knew what I was going to swear about. Q. Did he not tell you what he wanted you to swoar to in respect to that bill ? A. He told me the money was there, if I would swear that I would have no more claim to Patrick Uowe's property. ^ Q. Did you ever have any quarrel or dispute as to ^ whether you or Richard Lawless should have possession of the Elm-street store ? A. No, sir ; I never did — never seen the man from the night Edward Rowe was buried until the night of Patrick Rowe's wake — might have seen him from me, but never spoke a word to him. Q. Did young Edward Rowe tell you anything about the heirs having promised or offered him the farm if the « will was broken ? A. No, sir ; never told me a word of it Cross-examination, resumed : Q. How long after Edward Rowe died was it that you applied to Mr. Flanagan for your pay for your bill for services ? A. It may be a week or two after, Q. Did he make out the bill then ? A. Mr. Flanagan wrote down what I told him. Q. And then he wanted you to swear to this, did he ? A. Yes, sir. Q. Did he have the affidavit drawn up ? A. I can't say whether he did or not ; he brought me into another room where his partner was ? Q. Was that Mr. Gillen ? A. No, sir. Q. He had it written down, didn't he, what he wanted you to swear to ? A. I don't know if he wrot-' any more than I told him. Q. Didn't he want you to sign your name to some- thing, and swear to it ? 236 A. He asked me to sign my name to what he wrote, and I told him — Q. Did he read over to you what you was to swear to ? A. No, sir. Q. You can read writing, can't you ? A. Yes, sir. Q. Couldn't you tell what you were going to swear to then, by reading it over yourself ? 28 218 THHriMONY OF JOIIX H. liALLOWA V. (Olijected to.) A. I didn't have a chance to read it. Q. Did you ask hiiu to lot yoti read it. A. No, sir. Q. What became of the paper tliat this was written down on ? (Objected to.) A. He got the paper. Q. Did you have any other claim, c.vccpt for services rendered, against Edward Rowe ? A. Nothing more ; being a party concerned with some of the heirs. Q. Did you ever ask Patrick Rowe to pay this debt ? A. I spoke to him once about it. Q. How long after Ed waid died ? * A. Between three and four weeks. Q What did he say ? A. Said he would see me again. Q. Was that the time he ofered you the fifteen dol- lars ? A. Two weeks after. Q. Did you tell him what Mr. Flanagan said about it ? A. No, sir. Q Why didn't you tell him Mr. Flanagan wanted you to swear to it ? A. Flanagan didn't ask me to swear to it at that time. Q. How often did you ask Flanagan for this money ? A. Some two or three times. Q. How often were you out to the farm after Edward Rowe's death .? A. I never went out to the farm from the day of Edward Rowe's death, until I went out to Patrick's burying. Ms RICHARD + CUNNINGHAM, maik. Sworn before me, Jos. W. Ballentine, Surrogate. Adjourned until September 7th, 10 o'clock, A. M. 237* Tuesday Morning, September 22d, 1868. Case resumed : John H. Galloway, a witness called on part of caveators, sworn : Examined by Mr. Vanatta : Q. Where do you live .? A. Morristown. Q. Age ? A. Twenty-one years, Q. How long have you lived in Morristown .? TESTIMONY OF JOHN H. GALLOWAY. 219 A. Going on the fourth year. Jj^ Q. Your occupation ? A. Drugo-ist. • 1^. In 18G6 you were employed at what place ? A. Mr. Becker's drug store, Morristovvn. Q. Was the telegraph-ofl&ce in that store at that time, and yet ? A. Yes, sir. Q. Were you an operator of it in 1866 ? A. Yes, sir. 238 Q. Have vou messages that was sent to Eichard Haipine in 1866 ? A. Yes ; there are two ; I have them here. Q. On what days were they sent f A. I sent one on the 22d of Octob;-r, 1866 ; the other I did not send ] I see Mr. Becker has checked it himself Q. Why do von think you sent it on the 22d of Octo- ber ? A. The book shows it was {witness examines the book) ; we keep each day's business by itself ; {1 meant November instead of October that the first one was sent ; I mean '22i\ of November, 1866.) Q. In whose handwriting is the dispatch ? A. I should say it was my handwriting. Q. At whose request did you write it ? A. I think it was Eddy Kowe's ; won't be positive ; he sent messages. Q. In whose handwriting is the other one of the dis- patches ? A. I should say it was Mr. Bean's, the junior clerk in the store. Q. Could you tell on what day that was sent ? A. I can, as iar as the book shows, and they are sup- posed to be correct ; the book says it was sent on the 24th of November, 1866. » Q. What book do you refer to .'' A. The book we keep checks, signatures, and addresses of messages. Q. Have you looked through the books to see if there was any messages sent to Eichard Haipine in the month of October, 1866 ; if so, with what result. A. I have looked since I have been here, and could not find anything ; might have overlooked it, but do not think I did. Q. Being shown Exhibit 1, witness is asked : ^^ Can you tell on what day that dispatch was sent ; and, if so, what day was it sent ?" A. I should say that was sent (by referring to the book) November 22d, 1866. Q. In whose handwriting is tho indorsement on the back of that ? 220 TESTIMONY OF JOHN H. GfALLOWAY, A. Mr. Beecker's. Q. Can yon tell what operator transmitted that ; if so, who ? * A. Mr. Bicker. Cross-examined : Q. In whose handwriting is the book from which you have been testifying ? 239 A. Mr. Becker's. Q- You have no personal knowledge of the correctness of that book, then ? A. Nothing more than that I know his handwriting. Q. You don't know how often Mr. Becker writes that mp, do you ? A. I do not ; think he writes it up once a month, ar tries to. Q. You keep no actual daily entries of these things, do you ? A. We did not at that time, Q. You did not write this up at all, did you ? A. No, sir. Q. Then all you know about the dates of these tele- grams is by ceeing them on the book here ? A. That's all Q. You can't tell, by looking at the telegrams them- selves, when they were sent, can you ? A. No, sir. Direct, resumed : Q. I observe on two of those telegi-ams, at the place for the date, is the letter " I "; can you tell what that * means ? A. That is the signal-call for Morristown. Q. In this dispatch, which you say is in Mr. Bean's handwriting, in whose handwriting is the date, "Nov. 24." A. I should say the " Nov." is in his handwriting; the date, I don't know in whose hand it is. Q. On this dispatch on Exhibit No. 1, what does the indorsement of letter " E " mean ? A. When Mr. Becker transfers the messages to the book, he puts those on as a kind of a check, to show that he has transferred them on the book — that is, the messages, signatures, and checks. Q. What do you mean by " check" ? A. The number of words and the amount those words cost ; and the other check (" E ") is to show that he has put them on the book, JOHN H. GALLOWAY. Sworn before me, Septem- ) ber 22d, 1868. f Jos. W. Ballentine, Surrogate. TESTIMONY OF MAEGARET SULLIVAN. 221 Margaret Sullivan, a witness called on part of cav6a-240 tors : Sworn and examined by Mr. Vanatta : Q. Where do you like ? A. Bridgeport, Connecticut. Q. Age ? A. Twenty-four and a half years, Q. How long have you lived in Bridgeport ? A. I was born there ; lived there all my lifetime, ex- cept three years, when I lived in Hartlord, Connecticut, Q. How are you related to Mr. John Leverty ? A. Bister's daughter. Q. What was the maiden name of your mother ? A, Catharine Kowe, Q. Is she dead or living ? A. She is living, Q. Is your mother a sister of Michael Eowe ? A. She is. /. Q. Do you know Kev. William E. Duffy ? /- ^ A. I do. y Q. Were you at his place at Thompsonville, Con- ^ necticut ; if so, when was it, and who was with you ? A. Yes, sir; Mrs. Ellen Leverty ; 'twas the Saturday ^ after the auction in Morristown, I think. 5 < Q. What auction sale to you refer to ? * A. The auction sale of Patrick Eowe hare in Morris- town— the furniture, Q. How long did you and Mrs. Leverty stay at Mr, Duffy^s ? A. We got there Saturday evening, and stayed until C- Monday morning — the eleven o'clock train, I believe. Q. Did Mrs. Leverty have any conversation with Mr, Duffy in your presence while you were there ? A. Yes, sii-. Q. State the conversation between Mr. Duffy and Mrs, Leverty, giving it in the oider in which it took place, as near as you can ? A. She asked him about what he was going ^to do about this case ; he said he was going to settle it accord- ing to the will, and no other way ; the talk came then about the auction ; he commenced telling how much he paid for everything ; said he was very sorry to see the clothes auctioned, because those clothes were willed to the two Lawlesses ; Mrs. Leverty said no, they were not, for she had a copy of the will at home, and the clothes ; he said (standing in the middle of the floor), we have got a paptT -tliat Icng h (stretching his arm), willing the clothes to the two Lawlesses ; and Catharine Lynch, the hou. A. Keally, I don't know. Q. Did you hear of his breaking his leg ? A. Yes. Q. How did you hear of that .? A. Mrs. Collins told me ; she was down to see him ; she is my sister. a Q. Had she been to New Brunswick on tbat'occasion ? A. I don't know. Q. I suppose if your son hadn't have come in while you were talking with Mr. Flanagan, he would have told you more about the will, wouldn't he ? A. I can't say as to that ; he might have finished up what he had to say. Q. Did he seem to be loth to tell you about the will.? A. No ; he was not ; he spoke out of his own accord. Q. What time in the day was it ? A... Couldn't say ; it was in the day-time — it was on Sunday. Q. How did Mr. Flanagan come to go out in the kitchen "^ A. I don't know. Q. Anybody else in the kitchen at the time ? A. Not when we were talking about the will, there was not. Q. What is the next room in front of the kitchen — in front of your house ? A. The kitchen fronts the street. Q. Where was Mr. Rowe at this time ? A. Mr. Eowe wasn't there. Q. Where was he ? 256 A. I believe he went with my son Michael over to see Father Synnott, over to the church. Q. Didn't you think it was rather improper for Mr. Flanagan to tell you all about Mr. Rowe's will ? A. He told it without asking any questions. Q. Question repeated. A. No ; I didn't think it was. Q. I mean at Bridgeport, on that occasion : did you think it was right for Mr. Flanagan, a lawyer, to tell you tlie contents of Patrick Row's will, in Patrick's lifetime .? (Objected to.) A. I didn't think anything about it at that time. Q. Did you tell anybody what Mr Flanagan had told you ; if so, who and when ? A. I told my husband. Q. When.? 236 Testimony of mrs Ellen leVert-sT. A. At the time of it. Q. Do you recollect at Patrick Rowe's funeral, your son Mictutel rtstcirrg' Mr. Flanagan the contents of Pat- rick Howe's will ? (Objected to.) A. I don't know anything that happened between my son and Flanagan. Q. Do you know of anybody's asking Mr. Flanagan on '' the day Patrick Rowe was buried, what the contents of his ■svill was .? A. I don't remember. Q. Don't you know that members of your family made repeated attempts to ascertain the contents of Mr. Kowe's will from Mr. Flanagan, after Patrick's death ? A. I don't remember any such talk at all. Q. Didn't Mr. Flanagan go to church with Mr. Rowe on the Sunday in question ? A. I don't remember. Q. Did Father Duify tell you what he purchased at the auction amounted to ? A. He did at the time ; but I don't remember now. Q. Didn't he tell you he bought a long list of articles ? A. Yes. Q. Did he tell you how long that paper was, his bill ■was made out on ? A. No ; he did not. Q. Didn't he say to you that his bill of articles that he bought at the auction was as long as his arm .? A. He did not. Q. And didn't he say that he had bought those articles, because he (Father Duffy) knew that Mr. Rowe wished 257 him to make presents of clothing, some of the f urnitBre, &c., in the name of Rowe, to Catharine Lynch and her father and her brother. Hugh Lynch, and the Lawlesses and Halpine ? A. No ; he never made no such statement — never. Q. Did you ask Father Duffy how he would settle this suit ? A. No ; I asked him no questions about settling, at all. Q. Did he say anything about settling ? A. Not that I remember. Q. On the day that Patrick Rowe and Mr. Flanagan was at Bridgeport, did you hear anything about the sale of the Elm-street property ? A. Yes ; Patrick Rowe talked a goad deal about it. Q. What did he say about it ? A. Mr. Rowe said he thought he sold it pretty well. Q. Did he say how much he got for it ? A. They were both highly pleased at what they got TESTIMONY OF MRS, ELLEN LEVEKTT. 237 for it ; I think both of them told me the price, and I disremember. Q. Didn't he say that he had sold the property first at about five thousand dollars less than he finally got, and * that Flanagan had managed to get him more ? A, Yes, sir ; I think Mr. Flanagan said he had got more than he could get for it. Q. Didn't Mr. Kowe say that ? A. Both of them said so. Q. Didn't you say to Mr. Flanagan, at Bridgeport, on that occasion, that you would like to have him look out for your children in fixing up Mr. Eowe's will ? A. No. Q. Didn't you say to him that for yourself you had enough, but that you would like to have your children get something ? A. No, sir ; there was no such conversation passed between me and Mr. Flanagan at any time. Q. And then didn't Mr. Flanagan tell you that if ever he did draw Mr. Rowe's will, that he would ask him to put in something for your daughter Nelly .'' A.- No. Q. On the Sunday that you were at Father Duffy's, 258 last fall, was he in the house all the while you were there ? A. No. Q. Did you see his nieces all the while you were there, or some of them ? A. I saw three girls there ; he called them his nieces. Q. Did you have any conversation with them about Patrick's will ? A. No. Direct, resumed ; Q. You said you went into a room, privately, to ask Father Duffy whether Patrick Rowe had died a drunk- ard : was there anybody else in that room but you and he ; and, if so, who else ? A. There was no person but him and I. Q. Where was Miss Sullivan at that time .'' A. I think she was talking to his nieces. Q. After the death of Edward Rowe, did Father Duffy have any conveisition witli you about a monument over Edward's grave, or at his grave ; if so, when was it, and whore was it .'' A. It was when I was at Thompsonville. * Q. Just state what he said on that subject ? A. He said he told Patrick that that monument wasn't good enough for Edward ; Patrick said as long as his brother put it up that he was satisfied with it ; but Father Duffy says : " 1 have fixed that in the will, and I will put up a better one." 23S TESTIMONY OF MKS. ELLEN LEVEETY. Q. Did he state at that time who had put up that iijonument, and what kind of a one it was ? A. Father Duffy said it was a low, sc[uatty thing, and he would put up a better one ; he said Edward Rowe jiut it up. Q. Did you understand whether it was a family monu- ment or not ? A. He didn't say. 'Criiss-examination resumed : Q. Didn't Father Duffy say to you as soon as the will ^ was fixed or proved he was going to put up a new monu- ment ? A. Nothing different, only what I have told you. 259 Q. Did he say that if he was beaten in the will suit, and didn't get any property from Patrick Rowe, he was going to pay for the monument out of his own pocket ? A. There didn't enter no law-suit at that time, nor for a week after ; he did not say so. Q. What did you understand that the will had to do with putting up a new monument ? (Objected to.) A. Father Duffy told me he fixed it in the. will so as to put up a good monument. -'"^ Q. How fixed it in the M'ill ? A. He didn't explain it. Q. You had entered a caveat against proving the will, hadn't you .'' A. No. Q. Are you one of th« caveators in this case ? A. Yes. Q. When did you fill your caveat ? A. I don't know exactly ; it was after the auction sale here in Momstown. Q. I suppose you don't happen to know, do you, that the caveat must have been filed before the auction took *■ ])lace ? (Objected to.) A. It was filed first by my brother. Q. Then the caveat prevented Mr. Duffy from proving his will, didn't it, at the very time you were at his house ? (Objected to.) A. Yes. Q. Did your husband go to see Father Duffy at Tbompsonville before you did ? A. No ; he went after I did. her ELLEN X LEVERTY. mark. bworn before me, Septem- } ber 22d, 1868. j Jos. W. Ballentine, Surrogate. TESTIMONY OF DR. HENRY H. BECKER. '239 Adjourned until 10 o'clock Wednesday Septc^mber 23d, 1868. Wednesday Morning, 10 o'clock, A. M. 20*0 Case resumed. Dr. Henry H. Becker, a witness called on part of caveators, sworn : Examined hy Mr. Vanatta : Q. Where do you live ? A. Morristown, New Jersey. Q. Your age ? A. Thirty-seven years. Q. Your occupation ? A. Druggist. Q. Is the telegraph-office kept in your drug store ; if 80, how long has it been kept there ? A. It is, since 1862. Q. Have you been an operator since it has been there ? A. I have, partially, and manager. Q. (Witness shown Exhibit No. 1, on part of caveators, he is asked) : Was that dispatch sent from your office ; if so, what day of the month and year ? A. It not being carried out here, I shall have to look on my book (witness looks at the book) ; it was sent November 22d, 1866, at quarter past eight o'clock ; I » sent it myself ; can't tell whether it was morning or evening. Q. In whose handwriting is that indorsement on the back of that dispatch (Exhibit 1) ? A. In my handwriting. Q. In whose handwriting is the book to which you have referred ? A. In mine. Q. Just explain when and how the entries in that book are made ? A. We have a book upon which the messages are placed as sent, and the day's business is taken off at night, or in the morning following, and then assorted and folded — that is, the business of each office — and marked and strapped separately, each day by itself, and entered on the book at my earliest convenience ; I intend to do it every day ; perhaps it may not be done every day, but they are kept folded together, marked, and strapped, and dated, each day's messages ; as a counter-check with New York, we report the business done every morning, having more business with that office than with any other; and if there is any error, it is reported immediati'ly and sent back for correction. Q. (Being shown Exhibit- No. 2, on part of caveators, 2 Jl witness is asked) : Was that dispatch sent from you. office ; and, if so, on what day, month, and year ? 240 TESTIMONY OF HENRY H. FAIRCHTLD. A. November 22d, 1866, sent by John H. Galloway. Q. Is that entered on the book ; and, if so, in whose handwriting ? A. It is in my handwriting. Q. (Being shown Exhibit No. 3, on part of caveators, witness is asked) : Was that dispatch sent from your offit*.; and, if so, on what day, month, and year ? A. It was sent by me, November 24th, 1866. Q. Is that entered on your book ; if so, in whose handwriting ? A. It is, and in my handwriting. H. H. BECKEE. Sworn before me Sep- ) tember 23d, 1868. f Jos. W. Ballentine, » Surrogate. Henry H. Fairchild, a witness called on part of cavea- tors : Sworn and examined by Mr. Vanatta : Q. Where do you live ? A. Morristown. Q. Y our age ? A. Twenty-two years. Q. Your occupation ? A. Clerk with my father, South street, Morristown. Q. Were you at the sale of Patrick Kowe's personal property at Morristown ; and, if so, who was the auc- tioneer at that sale ? A. I was there ; my father was the auctioneer. Q. What did you do at the sale ? A. I was sort of assistant clerk ; helped arrange the articles for the sale ; helped during the sale ; and helped deliver them after the sale. Q. Can you tell on what year, month, and day that sale was made ; and, if so, do. so. A. It was made in the year 1867, on Thursdiy, the 31st day of October ; adjourned until then. Q. When was it to have been made ? A. On Tuesday, the 29th. Q. Why was it adjourned ? A. On account of the severe storm. Q. Was the auction all through in one day ? 262 A. Yes ; through selling. HENRY H. FAIRCHILD. Sworn before rae Sep- ) tember 23d, 1868. j Jos, W. Ballentine, Surrogate. TESTIMONY OF LEWIS I). BUN^>J, 241 Lewis d. Bunn, a witness called on part of cavea- tors, sworn : Examined by Mr. Vanatta : Q. Where do you live ? A. Morris town. Q. Your age ? A. Forty-nine years, Q. How long have you lived in Morristown ? A, Since the spring of 1846. Q. Tour occupation. A. Undertaker. Q. Were you the undertaker that attended the fune- ral of Edward Howe, deceased ? A. Yes. Q. After Edward's funeral, did you meet his brother, Patrick Kowe, at Hoboken, on any occasion ; if so, fix the time as nearly as you can ? A. I did ; I cannot fix the time ; it was one of two occasions that I was at Hoboken in fall of 1866 ; once about, or on the 1st, of October, think ; the other occa- sion about or between the last of November and 5th of December, 1866 ; can't fix the day. Q. Which one of those occasions, according to your impressions, did you meet Mr. Kowe ? A. I think it was the last oi November ; that's my impression ; can't say positively. Q. Just tell whereabouts in Hoboken you met him, and what occurred between you and him at that time, as near as you remember.? A. I was at the Hoboken House, hotel, or saloon, that was kept near the ferry entrance ; I had stepped up to the bar, and called for a glass of bourbon, laid down my money or stamp, was about to pour out the bourbon from the decanter handed me, when Mr. Kowe recognized me as he came in the door ; he said I must drink with, him ; I said " No ; drink with me ; I have called for my drink ;" he then insisted upon my drink- ing with him (I give his language as near as I remem- ber), seemed very earnest about it, and in order to accom- plish his wish, took up my stamp and put it in his pocket ; called for what he wanted ; don't remember what that was ; something in the liquor line ; we drank together ; he paid for the two ; made some remark 263 about the death and burial of his brother, as he always did whenever he met me after the death of his brother. Q. What became of your stamp which he put in his pocket ? A. He said nothing about that — suppose it remained there ; I said nothing to him about it ; saw he was a lit- tle excited. 31 242 TESTIMONY OF LF.AVIS I>. BUNN. Q. Did he hand it back to you, or speak to you about it? A. No, sir. Q. Describe his manner tow.irds you on that occa- sion — his actions, I mean ? A. He seemed glad to meet nio, by his actions, very social ; did not take any particular notice of him ; saw he was flurried and excited. Q. Did he take hold of you ; if so, in what manner ? A. I stood facing the bar ; he came in the iront-door, behind me ; took me by the shoulder ; turned me round (or his touching me on the shoulder caused me to turn around); we both recognized each othei', and then oc- curred as I have described. * Q. After he had taken a drink, in his conversation with you, what were his actions ? (Objected to, as a repetition : crowding the witness). A. He soon left the bar ; I did not notice which way he went : towards the car, or out of the ferry-door ; as I said, he was a little excited, and as I had got quit of him, or through with him ; I, perhaps, did not feel like en- couraging him ; perhaps, slighted him, and got away rom him. Q. You say he seemed excited : how was that excite- ment manifested ? (Objected to, as crowding the witness.) A. My impression, at the time, was that he was under the influence of liquor. Q. Was this in the morning or afternoon .? A. Afternoon. Q. What time .? A. I think I must have come over one boat ahead of him ; think I came over, say a quarter to four or a quarter to five o'clock, perhaps. Q. Did he tell you which way he was going .? A. No ; not that I remember ; don't remember of seeing him afterwards, on that day. Q. Do you know whether he came up to Morristown that day or not 7 A. I do not. 264 Oross-examined by Mr. Pitney : Q. Do you know whether Mr. Eowe had just come from New York or from Morristown ? A. I do not ; judge he had come over in the boat from New York, as he came in with the crowd who was then landing. Q. Did not the afternoon train aiTive at that time at Hoboken, from Morristown, about the time the pas- sengers for the five o'clock train was getting in the cars from New York to Morristown ? ■ TESTIMONY OF MICHAEL LEVERTY. 243 A. I do not know ; can only judge or jump at the conclusion ; the current was from the boat to the car ; I do not know about the time ; travel so little on the rail- road, don't know tho hours of starting. Q. You used the word "excited" two or three times in your direct examination ; you meant by that, intoxi- cated, did you not ? A. Yes, sir. Q. And you got clear of him as quick as possible on that account ? A. I did not give him much attention after the for- malities of drinking. Q. You did not see him until he tapped you on the shoulder, did you ? A. Think not ; won't be positive about that. * Q. How long had you been in the saloon ? A. Long enough to take some oysters, before I called for the liquor ; think I came over one boat ahead of him. LEWIS D. BUNK Sworn before me, Sep- ) tember 23d, 1868. j Joseph W. Ballentine, Surrogate. A request is made by counsel for caveators upon the Rev. William E. Duffy, to produce two deeds, of which notice was given him this morning. The Surrogate wUl mark them as Exhibits, on the part of caveators. Answer is that vre have got no such deeds in the State of New Jersey. Mr. Duffy, upon being asked by counsel of caveators, whether he would produce them on a future occasion, his answer is that he has no other answer to make. Certified copy of deed, dated July 23d, 1867, from Patrick Kowe to William E. Duffy, offered in evidence on part of caveators, marked Exhibit No. 4. Adjourned until Thursday, October 1st, 1868, 10265 o'clock, A. M. Thursday Morning, Oct. 1st, 1868. Nothing done, on account of the absence of Mr. Vanatta, counsel for caveators. Friday Morning, Oct. 2d, 1868. Case resumed. Michael Leverty, a witness called on part of caveators, sworn : Examined by Mr. Vanatta : Q. Where do you live ? 244 TESTIMONY OF MICHAEL tEVEIlTY. A. Bridgeport. Q. A-e ? A. About thirty. Q. How long have yoa li^ed there ? A. Twenty-nine years, I think. Q. Occupation ? • A. Street Oomniissioner and highway surveyor. Witness being shown a certified copy of a deed pur- porting to be from Patrick Rowe to William E. Duffy^ dated 23d July, 1867, he is asked '. Q. Did you obtain that document ; if so, where and when ? (Objected to, as-incompetent and hearsay.) A. I received this at the Office of the Register of Deeds, City and County of New York, on the 25th day of September, 18J8 ; I have compared the annexed copy with an instrument recorded in the Office, on the 27th day of September, 1867, and certify — Q. Did you compare that copy with the record ; if so, how was that comparison made with the record from which it was taken ? (Objected to, as irrelevant.) A. I did ; I read the record, while one of the clerks there read the cojjy ; and then I read the copy, while the same clerk read the record, and found it to be a true copy — that is^ this paper to be a true copy. Q. Did either yon or the clerk read aloud ; if so, which one read aloud ? A. The clerk i-ead aloud, Q. Where was that record from which that copy was made — in what office ? A. The Register's Office, City Hall. 266 (The copy of the deed in question offeied in evidence on part of caveators, marked, " Ex- hibit 5.") (Objected to, as being a copy of a copy, and no proof that the copy from which it is taken is a true copy ; and further, that the record from which it purports to be taken would not be evi- dence itself, if produced ; and further, that 1he absence of the original is not sufficiently accounted for ; no proof of any sufficient effort to produce the original, whether that original may be.) Q. Were you at Mr. Edward Rowe's funeral ? A. I was. Q. Who was in company with you ? A. Mother (Ellen Leverty), Michael Rowe, and my- self ; I think that's all that went on the train together. Q. With whom did Patrick go U.) the grave ? A. I won't be po.'itive about that — I think it was . with Mr. Duffy. TESTIMONY OF MiCHABt LEVERTt. 245 Q. How near were you to him at the grave ? A, Alongside of hira, with mother ; he was leaning on mother's arm ; seemed very much afflicted, and made a ' hurst as if he would like to go in the grave with him ; it seemed very hard to console him, or reconcile him. • Q. Did he speak about going in the grave with him ; if so, tell what he said about that ? A. He made a remark like this ! " I've nobody on earth, and I don't care to live ;" that's about the sum and substance of it. Q. How did you get this idea about his wanting to get in the grave ? A. He didn't seem to reconcile himself to lose him at all — seemed to want to go after him ; would have jumped in the grave, I think, if I hadn't caught his arm. Q. On that funeral occasion, did the Rev. Wm. E. Duffy make any request of you to speak to Patrick ; if so, tell us what he said as to that ? A. He did ; in the first place, Mr. Dutfy s'liowed me two notes against Edward Eowe — one, I think, was three thousand three hundred dollars, the other three thousand dollars ; they had no stamps on ; I made a re- mark to Mr. Duffy that these notes was no good ; he said, yes ; that it made no difference with Patrick ; that Patrick knew of the debt ; he moreover said Patrick ■ will be gulled out of all he has got by these New York sharpers, and wanted me to speak to Patrick to have him appointed conservator over him ; I did so ; Patrick 267 made the remark that, " I'm in trouble enough at pi-es- ent ;" I had this conversation over with Mr. Duffy two or three times. Q. Whereabouts did it take place ? A. In walking down Elm street. Q. At what place did he show the notes .^ A I think it was going over to Hoboken. Q. Was this conversation before the corpse had been brought into New York, or on your way out to the funeral ? A. We were waiting for the corpse to come in from Morris town, I think. Q. At Edward's funeral, were you and your mother out to Morristown .? A. No, sir ; the reason was, we didn't get into New York 'till about six o'clock, and — wouldn't be positive — but I think that Mr. Duffy made the remark that " that was a huckleberry train, and stopped at every station. Q. Was that at Patiick's or Edward's funeral that you got in New York so late that you couldn't get. out ? A I won't be positive ; think, it, was at Patrick's ; that's my impression now. 246 TESTIMONY OF MICHAEL LEVEETY. Q. Did you see Patrick Eowe at Bridgeport, in fall of 1866, with Mr. Flanagan ; if so, at what place did ► you first see him there ? A. I did ; met him first at mother's, I think. Q. How was Patrick at that time ^ A. He seemed to be very nervous. Q. How did that nervousness manifest itself ; describe it, if you can ? A. When I went in he shook hands with me ; took hold of both of my hands ; held them, I should say, about five minutes ; sat down on the sofa beside me ; every now and then he would pinch my arm, lift it, and pinch my leg ; I • don't think Mr. Flanagan was there when I went up first. Q. Were his hands and limbs steady, or otherwise ^ (Objected to, as crowding and leading.) A. I should say they were very unsteady ; he wanted to see Mr. Kowe ; at the same time he remarked : " I want to get a drink ;" went down to Mr. Kowe's ; went in the back door ; Mr. Eowe put out two glasses of beer ; I took a cigar ; he (Patrick Rowe) had a pair of black gloves on, and, in reaching for the beer, he put his hand in it, and upset the glass ; so Mr. Rowe gave him 268 another glass, and he spilt the greater part of that on ■ his breast and chin. Q. When he spoke about wanting a drink, did he say why he wanted a drink— what reason did he give for wanting it ? A. He said he felt horrible sometimes — other times, first-rate ; '' but since I've been sick," he said he felt awful nervous ; I sold a good deal of liquor, and I should judge from him that he either had the tremens, was getting over them, or that they were coming on. (Opinion of the witness objected to.) He wanted to drink three or four times ; Mr. Rowe, for an excuse, said : " Come, we will take a walk." Q. What made you think he had lately had the tremens, or that they were coming on, or that he had them then ? A. From his general appearance ; in looking at you he would stare, and his pinching and nervousness, which I attributed to that ; the first I noticed his eyes was my brother's wife made the remark : " What a wild-looking man." * Q. Did yon dine where he did on tliat day ? A. I think I did — wouldn't be positive — ain under that impression ; 1 either dined there, or came u[) while they were eating dinner, fi-om home. Q. When he was at the table, did you observe whether or no his hand was steady .'' TKSTIMONY OF MICHAEL LEVERTY. 247 A. Never noticed. Q. Did he say anything to you about his comino- to live at Bridgeport ; if so, relate the conversation he liad with you upon that subject ? A. He did ; he said he would like to sell his farm, and " I will get your father to buy rae a nice place around here, so I will be near all my friends ;" said he : "I would like to see Jim Rowe ;" said I : " I will hitch up, and take you around ;" 1 left h\m waiting at ray hous ' in Main street, hitched up my horse and carriage ; took him to see James Rowe and Mrs. Gary, sister to Janu s Rowe ; after that I took him to see Mrs. Sullivan ; met Mrs. Collins at mother's ; said he had seen her, so we didn't go there ; after that, think I drove to my father's ; Mr. Flanagan and my brother Alexander got in — "''r. Rowe was already in — and I took tliem three and myself up to Fairfield, to my father-in-law's, about lour miles 2G9 from Bridgeport ; stopped on the way coming back at Mr. Sherwood's ; we all got out ; had a drink there, and came to Bridgeport ; think we took tea with mother ; after tea went down town ; went into the Atlantic Hotel ; had a drink there ; Mr Flanagan said he had to go home that night, sure, to attend to some business in the morning ; Mr. Rowe said he asked him to accom- pany him up ; they intended to go straight through to Thompsonville ; 1 was under the impression that they did go to Thompsonville ; I left them about seven o'clock. Q. During the day, had Mr. Rowe told you how long he expected to remain in Bridgeport ? A. No ; he had not ; but I heard mother ask him to stop a week or so, 'till he would recruit up ; he said : " I guess I will, Ellen." Q. Were you at Patrick Rowe's funeral ? A. I was. Q. On your way did you meet the Rev. Wm. E. l)uffy ; and, if so, where P A. I received a telegraph from Mr. Duffy, telling about * Patrick's death (think Pm mistaken — think it men- tioned when he would be buried) ; mother and myself took the three o'clock train from Bridgeport ; on the train met Mr. Duffy ; I remarked to him, after passing the compliments of the day, " This is a sudden affair ;" he said : " Yes, it was a mere accident that I knew any- thing about it ; I droppel down there a couple of weeks ago, and found him very sick, but thought he would rally out of it ; that is the reason I didn't let any of his friends know of his sickness." Q. In that conversation, did he say anything as to whether Patrick had left a will ; if so, stale what he said about tliat ? 248 TESTIMONY OF MICHAEL LEVEKTY. A. He did ; said Patrick made a will ; that Mr. Flanagan was executor to it ; that a doctor in Morris- town wanted to be, and he wouldn't have it so ; in the same conversation he said that Mi. Flanagan made Mr. Rowe a present of a gold watch, and that his clerk stole it from him. Q. Whose clerk ? A. Mr. Rowe's ; he also said that Mr. Rock tried to 270 rob him out of live or six thousand dollars, from papers he had picked up at the farm, and that Mr. Flanagan had brought suit against him (Rock). Q. Do you know the handwriting of Rev. William E. Duffy.? A. I do ; he has wrote to me. Q. Have you written to him ? A. Yes. Q. Have you ever seen him write ? A. Yes, sir ; I have. - Witness being shown a letter purporting to have been written by Wm. E. Duffy, dated, " Thompsonville, Conn., July 18th, 1867," he is asked : Q. In whose handwriting is that letter ? A. I should say it was the Rev. William E. Duffy's. Witness being shown another letter purporting to be written by William E. Duffy, dated, " Thompsonville, Conn., August 3d, 1867," he is asked : Q. In whose handwriting is that letter ? A. I should say Wm. E. Duffy's, to the best of my opinion. Q. In whose handwriting is the signature, " William E. Duffy," to those two letters .? * A. I should say William E. Duffy — the gentleman here present. (The two letters in question offered in evidence on iiart of caveators, marked. Exhibits 6 and 7.) CrosK-examined by Mr. Pitney : Q. How long have you been Street Commissioner ? A. About six months. Q. Were you appointed or elected to office ? A. Appointed by the Common Council of the City of Bridgeport. (^. What business were you engaged in before that ? A. Grocery and liquor business, six years about, before that. Q. Wholesale or retail liquor ? A. Retail ; might Lave wholesale a little — say five or ten gallons at a time. Q. Was your principal business to sell by the glass over the counter ? A. It was, in the bar-room. TESTIMONY OF MICHAEL LEVERTY. 249 Q, Before that, what business were you engaged in ? A. Carpenter business. Q. When was the first time you was ever in Morris -271 town? A, After Mr. Eowe's death (Patrick Rowe's). Q. Previous to the visit of Mr. Flanagan and Patrick Eowe to Bridgeport, November 3d, 1866, when had you seen Patrick Rowe ? A. I hadn't seen him in ten or twelve years, I think, before that, except to his brother's funeral ; I understood from himself that he hadn't been to New York in five or six years. Q. After November 3d, 1866, when did you see him ? A. Never seen him till I saw him in his coffin. Q. Who was standing around the grave of Edward Rowe when Patrick attempted to jump in ? A. Quite a number. Q. Question repeated. A. A great many were strangers to me ; those I recog- nized around there ; Mr. Duffy was there ; don't know how close they were to the grave. Q. Was that before or after the priest had pronounced the service ? Q. I won't be positive ; think it after, when they com- menced throwing dirt ; Mr. Duffy was giving orders around there. * Q. Did Mr. Rowe make any steps to jump in .? A. He appeared frantic when the dirt was throwing in on the box ; made a rush, and almost knocked me on a cedar-tree that was there. Q. Anybody else beside you catch hold of him .'' A. I think not ; Mr. Duffy came up almost imme- diately ; it seemed as much as he could do to console him or reconcile him. Q. What time of day was it when you first saw him on the 3d or 4th of November ? A. I think it wag in the morning, before church time. Q. Did you go to church .? A. I did. Q. Did Mr. Eowe go to church ? A. He did. Q. Same church ? A. Yes ; 1 am under the impression now I walked over from the church to my mother with Mr. Rowe. Q. Did Mr. Flanagan go to church ? A. I think not. Q. Now, wasn't that where you first met him that day, at or after church ? A. Can't say positive whether it was or not. 272 Q. Now, didn't Mr. Flanagan ' walk home Avith Mr. 32 250 TKSTni(.)XV OF iilCHAEL LICS'ERrY. Rowe from church to your mother's to leave a prayer- book which he had borrowed of your mother ? A. He might havi\ Q. What time in the day was it that you went to Michael Eowe's beer-shop ? A. It might have been half-past one or two. Q. Didn't Patrick Rowe say bo hadn't had anything to drink that day up to that time ? A. He did not ; said he had drank at the Sterling House that night two or three times ; had it carried up to his room. (The latter part of the answer objected to, as not responsive to the question.) (A request is made by the counsel for executoi's that the witness answer the questions, and nothing more.) Q. How many glasses of beer did he drink at Michael Rowe's ? A. I think he drank two. A. And then the next drink he got was at Sherwood's ? * A. I think it was. Q. Who is this " Sherwood's " — what's his business .* A. Keeps a race-track, half-way between Bridgeport and Fairfield. Q. And then what timig in the afternoon was it that you was at Sherwood's ? A. I should judge between three and four ; I think we stopped going up, and coming back, too ; 'twas a little chilly. Q. Wasn't it a very cold day to ride, and didn't you all complain of the cold ? A. It wasn't so very cold ; a little chilly. Q. This was after dinner that you drank the beer, wasn't it ? A. It was. Q. Did the drinking of the beer seem to steady up Mr. Rowe some — strengthen his nerves ? A. Couldn't say ; never passed any remarks much, after that. Q. Couldn't you tell by his appearance whether he seemed more or less nervous during the afternoon than in the forenoon ? A. I couldn't say that I did take any particular notice. Q. Did he speak in your presence of having been sick ? A. He did. Q. Did he say what had been the matter with him 7 273 A. He did not. Q. Did he say anything about his having disease of the heart, or his heart being affected .? TESTIMONY OF MICHAEL LEVEBTT. 251 A. He (lid not ; I kneAv nothing ubout it until I heard it here. Q. How did Mr. Flanagan and Mr. Kowe return to New York — what conveyance P A. Don't know ; didn't see them off. Q Did you hear either of them say how they were going ? A. Think not. Q. ^\'as there a boat going down from Bridgeport to New York, at that time, on Sunday nights ? A. I think not ; there has been a night-boat going down the hist two years, except Sunday niglits, and some- times on Sunday nights ? Q. Now, ain't you just out of the way a little ; don't it go every night, except Saturday night ? A. It may be so ; I can't contradict it ; am not posi- tive about it. Q. What day of the week was it that you met Fatlier Duffy on the cars, when you were going to Patrick Kowe's funeral ? A. I disremember the day of the week ; think it was * the 30th of September ? Did you meet Father Duffy on the cars on the way to Edward's funeral ? A. Think not. Q, Did you know Edward Kowe's handwriting ? A. I couldn't swear to his handwriting. Q. Did you recognize the handwriting of those prom- issory notes Father Duffy showed you ? A. No more than I read them over ; saw Mr. Kowe's (Edward's) nume signed to them ; if I am not mistaken, Mr. Duffy said that Edward signed them, and sent them up to him. v^ Q. You feel sure there was no stamp on them ? A. Know there wasn't ; positive about that. '^ Q. You think they were about three thousand dollars each ? A. Somewliere in that neighborhood, from a remark Mr. Dufify made about Edward's life-insurance. Q. Didn't you read the amount in the notes yourself ? A. I did ; in his hand ; he held them in his hand while I was reading ; or looked over while he was reading. The two proraissoi y notes heretofore exhibited on part 274 of executors, made by Edward Rowe, shown witness ; he is asked : Q. Do those look anything like the notes Father Duffy .showed you ? A. No, sir ; nor they are not. Q. Where did you find those two letters of Father Duffy's which were produced here, and proven by you ? 252 TESTIMONY 01<' MICHAEL LBVERTY. A. I coukl't say I found them at all ; I picked up a bundle of letters ; couldn't say whether it was my brother or myself, handed them to Mr. Robertson. Q. Wliere did you pick up a bundle of letters ? A I think, in a barrel, outside of Patrick Eowe's house. Q. How large a bundle was it ? A. I couldn't say ; quite a bundle. Q. How long did you or your brother have it in posses- sion before handing to Mr.. Eobertson ? A. Might have been twenty minutes ; Mr. Eobertson came in, and said he had better take them ; I said, ''Well, take them." Q. Did you or your brother examine any of the letters before handing them to Mr Robertson ? * A. None that was in that bundle. Q. What letters did you examine P A. Some letters that was laying loose around them ; those was tied up. Q. What became of those other letters that was laying around loose ? A. We read some, and left them there. Q, When did you next see these letters you handed to Robertson ? A. Haven't seen that bundle since, that I know of. Q. Haven't you seen it during the examination of the witnesses in this case, in the hands of Mr. Vanatta, your counsel. Q. I might have ; wouldn't be positive. Q. Haven't you seen them in Mr. Vanatla's hands frequently, since you found that bundle of letters, or a bundle of letters, which you supposed to be the same that you handed to Robertson ? A. I have not. Q. Haven't you seen these two letters that was ex- hibited here to-day, more than once, since you handed them to Mr. Robertson ? A. I think not ; think last night was the first time I saw them ; don't know as it was them, either. 275 _ Q. Do you mean to say that last night was the first time you ever had those letters in your possession to read them ? A. I do. Q. Haven't you or your brother had those letters in your pocket, and carried them around to Bridgeport and New York, and exhibited them, since they were found at Rowe's residence ? A. I can only answer for myself} I don't know of having seen them before last night. Q. Who had them theii ? TESTIMONY OF MICHAEL LEVERTY. 253 A. Ml-. Vauatta. < j. Do you know where he got them from ? A. I saw him taking them from his safe. Q. Do you know from whom he obtained possession of those letters ? A. Must have been from Mr. Kobertson. Q. He is counsel for Mr. Robertson, the administrator, isn't he ? A. I can't say, Q. Don't you know, as well as that your alive, that Mr. Vanatta is acting as counsel for Mr. Robertson, adminis- trator pendente lite of Patrick Rowe, deceased ? A. I don't know nothing about his connections with Mr. Robertson. * Q. How long after Patrick Rowe's death did you find those letters ? A. I couldn't tell exactly ; might have been ten days, or two weeks. Q. And you searched through Patrick Rowe's house, desk, closets, &c., for papers and documents, didn't yoti ? A. I couldn't say that I did. Q. Can you say you didn't ? A. I can. Q. Did you look through the house, closets, desk, drawers, &c. ? A. I did not ; was present when it was doing. Q. Who did do it ? A. Edward Rowe. Q. Who asked him to do it — how came he to it ? A'. We were reading some letters outside, and he said there was some letters inside — said he would go in and get them — so he went in and got them. Q. Did you go along with him ? A. Won't be positive ; think I did. Q. Where were they — wliere were they found ? A. They were in a room, first-floor ; think they called it Patrick's room, or wine-closet ; there was bottles thei'e, 276 on the shelf. Q. What became of that bundle ? A. I believe he opened the drawer and took them out, handed them to me ; as I was walking out, met Mr. Robertson ; said he would take care of those papers ; did not have a chance to look them over. Q. Did you find a memorandum of the codicil .'' A. I found a memorandum in Mr. Duffy's hand- writing ; I did not. (}. bid yon or your brother find a memorandum con- taining the names, and the amoant of money (opposite each) corresponding in any respect to the names and amount named in the codicil ? 254 TESTIMONY OF MICHAEL LEVEKTY. A. I found a piece of paper about as large as my hand with my mother's names, her two brothers', and her sisters' names on it (two or three sisters) ; the Eowe family were on the slip of paper. Q. Where is that paper ? A. I don't know. Q. What did you do with it ? A. I've lost it, or mislaid it ; can't tell where it is. * Q. How many times have you been to Morristown since Patrick Eowe's death ? A. Couldn't say, exactly, number of times. Q. Been here every time the suit has been going on, haven't you ? A. No, sir ; I've not, Q. How many times have you missed ? A. I couldn't say. Q. Haven't you been here pretty nearly every time ? A. Yes ; I should say so ; might have missed three or four times. Q. Paid pretty strict attention to the suit, haven't you? A. Any time it was easy for me to get away from business, I've always come. Q. Who has attended to hunting up the witnesses, getting them to attend in this case, &c. ? A. I done some of it. Q. Did Mr. Flanagan send you any telegram about Patrick Kowe's death P A. He did. Q. Where was it diited ? A. Couldn't say. Q. Did you get that, or Father Duffy's, first ? 277 A. Think Mr. Flanagan's ; won't be positive about it ; under that impression. Q. Who, besides yourself and mother, attended Edward Kow's funeral ? A. Michael Kovve, and, I think, Mrs. Sullivan. Direct resumed : Q. In whose handwriting was that paper that had the names of the Rowe family on, that you mentioned in your cross-examination ? A. William E. Duffy's. Q. State what Father Duffy said about the life-policy, which you alluded to in your cross-examination ? A. He said that Edward's life was insin-ed in the neighl)(irlii)i)d of six thousand dollais ; 1 made ll;e re- mark, that would about pa}- him fir what lie uwed him ; that was the first I knew of his life's being insurt d. A. What reply did Father Duffy make to the remark that the lilc-insurance would about pay him,, made by * you ? TESTIMONY OF MICHAEL LBVEUTY. 205 A. All he said : " He was insured a long time ; 1 guess it will?" _ _ ^ Cross-excinination resumed : ^ ' Q. Have you furnished any money to cai-ry on this litigation ? A. I have paid my own expenses, if you call that furnishing money. Q. Anything more ? A. Nothing more than, out of courtesy, huy a ticuet for a man coming up and down. Q. Who furnished the money to carry on this suit ? A. I suppose my father ; he is the best able. Q. What is your father's name ? A. John Leverty. Q. Your mother's ? A. Ellen Leverty. Witness says : " In reading the evidence, I discover.'d one mistake about the drinking of Patrick Kowe a I the Sterling Hotel, Bridgeport. I mean to say it (the drinking) Rowe said he had done, was on the nigiit before the Sunday he was at my father's." M. LEVERTY. Sworn before me, ^ October 2d, 1868. j Jos. W. Ballentine. Notice that was served on Rev. William E. Duffy, Sep- 278 tember 23d, 1868, to produce two certain deeds offeied in evidence on part of caveators, marked "Exhibit 8." The counsel for executors admit that a notice, of which Exhibit 8 is a copy, was served on the Rev. Wil- liam E. Dufty in the Surrogate's office, September 23d, 1868, 101 A. M. Counsel for caveators desires to notify the executoi's and counsel that at the hearing the caveators will read, from the printed statute law of the State of New York, the provision of those laws in regard to recording deeds of land in State of New York. Counsel for executors desires to know what title-page and chapter of these laws the reading will be had from. Caveators rest as at present advised. Counsel for executors wish to know whether they shall prepare their case. Counsel for caveators say, certainly, if they have any. TESTIMONY OF MICHAEL LEVEETT. 255 • A. All he said : " He was insured a long lime; I guess it will." Crofis-fxaminutlon resumed : ~ ■""Qr-SUixe^ou fumishod any money to carry on this litigation ? A. 1 liave paid my own txp^nses, if you call that fur- nishing money. Q. Anyi'bing more ? A. Nothing more than, out of courtesy, buy a ticket for a man coming up and down. Q. Who furnished the money to carry on this suit ? A. I sup]u)su my father ; he is the best able. Q. What is yuur father's name ? A. John Leverty. Q. Your mother's .'' A. Ellen Leverty. Witness says : " In reading the evidence, I discovered one mistake about tlie drinking of Patrick Rowe at the Steiling Hotel, Bridgeport. 1 mnan to say it (the drink- ing) Rowe said he had done, was on the night before the Suudav he was at my father's." M. LEVERTY. Sworn before me, J October 2d, 1868. j Jos. W. Ballextine. Notice that was served on Rev. William E. Duffy, Sei)tember 23d, 1868, to produce two certain deeds 278 oiiered in evidence on part of caveators, marked " Ex- hibit 8." The counsel for executors admit that a notice, of which Exhibit 8 is a copy, was served on the Rev. William E. Duffy in the Surrogate's office, September 23d, 1868, 101, A M. Counsel for caveators desires to notify the executors and counsel that at the hearing the caveators will read, from the jirinted statute law of the State of New York, the prfiv ision of those laws in regard to recording deeds of land in State of New York. Counsel for executors desires to know what title-page and chapter of these laws the readijig will be had from. Caveators rest as at present advised. Counsel for executors wish to know Avhether they shall prepare their case. Counsel for caveators say, certainly, if they have any. 555 TESTTMOKT OF MTCHAEL J. ITIEET. Wednesday Morning, Jan. 13, 1869. Case resumed. Present — Henry 0. Pitney, Proctor for Executors. Jacob Vanatta, Proctor for Caveators 'au^ parMcs, Michael J. Diery, a ^''itness, called oa part of execu- tors : Q. What is your age ? A. Twenty-six jears. Q. Where do you live ? A. N(:!W York, 1-4 li'.ijnavd street. Q. What is your occupation ? A. Liquor dr-alcr. Q. How long have you lived in New York City ? A. yix yea.'s. Q. Wore you in Edward' Rowe's employment in his lifetime ; and, if so, when did you first enter in his em- ployment ? , A. Yes, sir ; last of Juno, 18G6 ; remained in his em- ployment uulli he died at .56 Elm siree.t. Q. Durinij,- the time you were in Edward Rowe's em- ployment, where did he spend h'\< time ? A. Part of the time in New York, and part in Mor- ristown ; he left New York on the 11th July, and died 279 on the 23d of July. Q. Did you get acquainted with his handwriting while you were there ? A. Yes. Q. (Book being shown witness, which is marked "Ex- hibit (i,"' he is asked) : In wlrose handwriting is that book? A. It is in Edward Rowe's handwriting. Q. Look through it, and see if you see any one else's writing but his ? A. No, sir. Q. Look at the three pages, particularly in Exhibit Gr, which have the Surrogate's initials (J.W B.) on the top of each page, and say in whose liandwriting these charges against Mr. Duffy are ? A. In Edward Rowe's. Q. (Book shown witness, marked "Exhibit H," he is asked): Look at the pages oi this bnok, marked with the Surrogate's initials at the top uf each, and say in whose handwriling they are ? A. In Edward Rowe's. Q. The whole book, Exiiibit H, in whose handwriting is it ? A. Edward Rowe's. « Q. Dkl you ever see those books. Exhibits G and H; and, if so, when did you first sea them ? A. In Mr. Rowe's store, in his lifetime. TESTIMONY OF MICHAEL J. DIEKT. 257 Q. What became of them after his death ? A. I locked them up in the safe ; they were packed ixp and sent to MorrJstown, after we quit business there. Q. Did you remain in Patrick Eowe's employ after Edward's death; if so, how long ? A. Yes; from the 23d of July, 1866, to the Ist of Sep- tember, 1867 (or in the neighborhood of that). Q. Did you keep any book account of the business of the place ? A. Yes. Q. (Exhibit I, being shown witness, he is asked): What is that ? A. That is my account of what I did there. Q. Commencing on what date ? A. 11th July. _ Q. These entries made at the time they bear date, were they ? A. Yes. Q. Your account commences on page marked on page "J. W. B.," does it.? A. Yes. Q. Did you keep any account of moneys paid Patrick Eowe ? A. Yes ; moneys paid out generally. 2£0 Q. Does that commence on top of page marked " J. W. B.," 2. ? A. Yes. Q. Were these entries made daily as the moneys were paid ? A. Yes. A. Did you keep any blotter or any other book but this.? A. Yes. Q. Do you know what has become of that ? A. I kept a small book first, an,d as there was not space enough, I copied it off into this, according to Patrick Rowe's orders, and canceled the small one — the other one. Q. What did you do with it ? A. Threw it out among old papers. Q. How long did you keep that small book ? A. A short time — couldn't exactly say. Q. Where would Mr. Rowe be when you paid him moneys ? A. Generally, at 56 Elm street. New York. Q. Do you recollect when you first came to Morris- town ? A. Yes ; on the 1st of May, 1867. Q. All payments maide to Mr. Rowe previous to ^h&tj were made where ? 33 258 TESTIMONY OF MICHAEL J. DIERY. A. 56 Elm street, New York. * Q. Can you tell what part of these entries of cash paid out, were copied from a small book, and what were entered originally here ? A. I couldn't really tell that. Q. (Exhibits C, D, and E, shown witness; he is asked): In whose handwriting are these promissory notes ? A. Edward Eowe's. Q. The cancellation of the stamps in Exhibits' D and E, in whose handwriting is that ? A. Edward Eowe's. Q. (Five letters shown witness, dated^respcetively,May 2d, 1861; February 6th, 1863; March 13th, 1866; June21st, 1866; and July 23d,1866; andmarkedExhibits R, L, M, N, ; he is asked) : In whose handwriting are these letters "^ A. In Edward Eowe's. Q. Before the 11th day of July, 1866, who took charge of the moneys that were taken in ? A. Edward Eowe. Q. And after that ? A. I took charge of it. Q. Do you know a man by the name of Eichard V Cunningham ; and if so, was he in Mr. Eowe's employ in the liquor store in New York at any time ? A. Yes, sir. Q. What did he do ? 281 A. He attended bar when I went to my meals. Q. Anything else ? A. That's all. Q. How much of the time was he occupied in working for Mr. Eowe ? A. Generally, about three hours in a day. Q. In the summer of 1866, did Cunningham take any liquor out to Morristown .? A. Yes, sir ; twice. Q. What did he take it in ? A. In three one-half-gallon demijohns . Q. How did he carry them ? ■^ A. Put them in a traveling-bag. Q. That would make about how much at each trip "? A. One and a half gallons each trip. Q. What kind of liquor was it .? A. Gin, bourbon, and wine, generally. Q. Did he ever carry any out in one-gallon demijohns ? A. No. Q. Could you put three one-gallon demijohn§ jn a traveling-bag ? ' - " A, No, sir. TESTIMONY OF MICHAEL J. DIERY. 25&- Q. Was the store opened the day Edward Rowe was buried ? A. It was opened that evening by the side door. Q. Did any persons come in and drink that evening ? A. Yes. Q. How about the payment : was the bar free, or did every body pay, as usual ? A. Every body paid. Q. Did you hear any objection made to that from any source ? A. No, sir; I went to Mr. Eowe, and asked him if I should receive money for liquor, and he said, " Yes." Q. Did you see Lawless and Cunningham there that evening ? A. Yes. Q. Who took in the money at the bar on the morning of Edward's funeral ? A. I took it in. Q. Did you see any body else take any in ? A. No, sir. Q. Did you hear any thing said by any person on that evening as to who would be boss of things there after that — who would have charge of the store, and so on ? A. Yes, sir; Richard Cunningham said he would have charge of the liquor store, and would keep me on as usual. Q. Anything else on that subject ? 282 A. Yes ; Lawless said he would take charge of it. Q. Any further words between them about it ? A. Yes ; they had some argument between themselves about it. Q. Was that in the presence of all the people there ? A. Yes. Q. After the death of Edward, where did Patrick spend his time during that summer ? A. Part in New York, part in Morristown. Q. About how long a time would he stay at either , place ? A. He would come to New York two or three times a month, and stay a few days at a time. Q. Do you know whether he was in the habit of visit- ing Mr. Flanagan that summer or not ? A. Yes. Q. If so, how frequently ? A. Generally, every day he was in the city. Q. Do you recollect of his making a bargain to sell the property 56 Elm street ? A. Yes. Q. Do you know anything about a broker seain^; about •■■ it? 26d- TESTIMONY OF MICHAEL J. DIEKT. A. Yes, sir ; he had a broker different times to see him, Q. Were you present when they came to a final, bar- gain— verbally, I mean ? A. No, sir ; they only partly had a bargain made. Q. Where was that andf what time of day ? A. 56 Elm street, in the evening. Q. Who were present ? A; Mr. Rowe,Mr. Flanagan, and Mr. Smith— the party buying it (not certain as that is the name). Q. When did you see Mr. Eowe first on that day-^ when these, persons were in the store that evening ? . A. Saw him that morning. Q. Did you learn anything from him that morning about his negotiating the property ; and, if so, did you hear what price he was offered ? A. I heard a broker talking to him about it in the forenoon ; Mr. Rowe told me he was offered thirty-fire thousand dollars for it. Q. Did he say whether he intended to sell at that price, OT not ? A. He did not say ; but at that time there came 283 another broker in the store, and told him not to sell it for thirty-five thousand dollars, that he would get more for it ; 80 Mr. Rowe told Mr. Flanagan about it ; Mr. Rowe told me afterwards that he got some thirty -eight thousand dollars — in the neighborhood of that — and the rents of the property until May 1st, 1867. Q. You slept over the shop, didn't you ? A. Yes. Q. Did you sit up later than the rest that night ? A. Yes ; I sat up later than the rest. Q. Were you in the habit of sleeping with Mr. Rowe when he was in the city — same bed ? A. Yes ; in the same bed. Q. At about that time — November 1st, 1866— had you seen Father Dnffy in this city lately ? Do you know whether he had been there in some time previous to that ? A. He was not there in some time before that ? Q. Did you hear Patrick Rowe say anything about that .'* A. Yes, sir; I heard him say that he had told Mr. Flanagan to write him to come down ; he said that Mr. Duffy was moving from Burrillville, Rhode Island, to Connecticut, Q. Do you recollect of Father Daffy's coming down- * after that.? A. Yes ; he came down shortly after that. Q, How long did he stay down ? TESTIMONY OV MICHAEL J. DIERT. 26l A. About tliree days. , Q. Was Mr. Eowe in New York on that occasion ? A. Yes. . Q. While Father Duffy was there on that occasion did you hear anything said about some books that had be- longed to Edward Eowe ? A. Yes, sir ; Patrick Eowe gave Father Duffy some books that were up stairs in a book-case. Q. What was done with them .'' A. They were packed up in a case and shipped to Father Duffy. Q. About that time did you hear anything from Mr. Eowe about making a will ? A. Yes, sir ; he told me one morning, about the lat- ter part of the week, that he was going down to Mr. Flanagan's office to make his will. Q. Now, at that time where was Father Duffy ? A. He was gone home to Connecticut. Q. How long before that had Father Duffy gone .'' A. The day before that. Q. So far as you know, did any body accompany Mr. Eowe to Mr. Flanagan's office when he went to make his will ? A. There was no person with him when he left 56 Elm 284 street but himself. Q. When did you nest see him, after he left ? A. I saw him that evening. Q. Did he, at any time after his return from Mr. Flan- agan's office, say anything to you about his will or the contents thereof ; and, if so, when and what did he say ? A. Yes ; after we went to bed that night, he told me the items, Q. Just tell all he said that you can now recollect ? A. He told me he left Eichard Halpine five hundred dollars, Eddie Eowe five^hundred dollars, and myself five hundred dollars ; said he left two or three thousand dol- lars (not certain about the amount) for a monument to put over him ; he left something for mass to be said, for- get the exact amount ; he left some to the Sisters of Charity (to the best of my opinion) in Houston street, New York ; he left some to Bishop Bailey, and some to friends that reared him up in the old country, and the balance to ^Father Duffy ; he told me to keep it secret, not to tell any person. ^ Q. Did he say to whom he had left this for masses ? * A. Yes ; to Father Curran, iu Duane street, of St. Andrew's Church. Q. That day he told you he Was going to make, and . had made his will — ^how was he in health ? A. He was in good health. 262 TESTIMOKT OF MICHAEL J. DIEBT, Q. How was lie for drink that day and evening ? ; A. I didn't see him drink any that day, except two glasses of sherry wine that evening. Q. Show any signs of drink ? A. No, sir ; I see no sign of it. Q. When Mr. Eowe drank at his own bar, did he al- ways drink liquor .? A. No, sir ; he used to drink colored water with his friends ; his brother also used to do the same. Q. AVhere and how was that colored water kept ? A. Kept in a bottle in a glass case at the back of the bar. Q. At the time he was in New Jersey, on the occasion of the bargaining to sell his property, did you hear him say anything about his having been sick ? A. Yes ; he told me he didn't feel well in Morristown — that he got a bad cold. 285 Q. How long after this evening, that he told you about his will, did he stay in the city.!^ A. He went to Morristown the next day. Q. Do you recollect on what day of the week that was ? A. It was on Saturday. Q. Do you know Sidney Newshaw ? A, Yes; I know him as a customer coming to the store. Q. What kind of a customer ? A. A customer for drink at the bar. Q. Did he ever come to the store and wake Mr. Pat- rick Rowe up in the morning ? A. Never. Q. Did he ever come there before Mr. Rowe was up in the morning, inquiring for him ? A. No, sir ; never there in the morning before Mr. Rowe got up. Q. Did you ever wake him up in the morning at Mr. Newshaw's request, or while Mr. Newshaw was there, or anything of that kind ? A. I never did. Q. Did you ever see Mr. Newsham there early in the morning ? A. I never did. * Q. On the morning after the will was executed, as Mr. Rowe told you, did any body accompany him to the ferry ? A. No one left the store with him but himself Q. Did Mr. Eowe seem to be on intimate terms with Mr. Newshaw ? (Objected to). A. No, sir ; just treated him as a customer. Q. Do you recollect what time in the day Mr. Rowe got back to the store on the evening he had made his will ? (Objected to, as leading). TESTIMONY OF MICHAEL J. DIERY. 263 A. That evening, about 6 o'clock, as near as I remem- ber. Q. Do you know a man by the name of Lawrence Rock ? A. Yes. Q. Did you ever see him about Mr. Eowe's place in New York ? A. Yes ; he used to come to the store once in a while. Q. Did you ever see him up at Morristown ? A. Yes ; I saw him in the summer of 1867, here. Q. Did you ever hear Patrick say anything about this Mr. Rock — what he thought of him .? (Objected to.) A. Yes ; he said he was coming out living on him ; 286 ' that he didn't like it very well. Q. Did you ever here Rowe say anything about Rock trying to get money out of him ? (Objected to.) A. Yes, sir ; I heard him say he wanted three thousand dollars from him to buy a house up town ; said he would give him no money to buy a house — that he wanted his own money. Q. Did he say why he wouldn't ? A. Said he wanted his own money, he hada't it to give him. Q. Were you present when the store 56 Elm street was sold out ? A. Yes. Q. What became of the lir[uors that were there May 1st, 1867 ? A. They were shipped to. Morristown. Q. How much was there of them ? A. About three hundred dollars' worth ; there were three small barrels ; they were not full, but partly full. Q. (Exhibit "P" shown witness ; he is asked) : Tell us, if you know, what that is 7 A. It is a catalogue of the things sold at auction, 56 Elm street. Q. Did you see that statement at the time it was ••■• made .'' A. Yes. Q. Do you know, shortly after that sale was made, May,1867, or at any other time, whether Mr. Rowe injured his foot or leg, increasing his lameness any way ? A. Yes ; in the month of June ; he was down in the field one evening, he slipped, and sprained his knee ; that was the same leg that was lame before. Q. Where were you on the 23d of July, 1867 — the anniversary of Edward's death "? A. I was on Long Island, with a friend of mine — was sick. 264 TESTIMONY OF MICHAEL J. DIERY. Q. You have no personal knowledge of Mr. Kowe's going to the anniversary mass^ then ? A. No. Q. Did you ever hear him say anything about it ? A. Yes ; I heard him say he was in the city of New York then. Q. After that (your visit to Long Island), when did you return to Morristown ? A. Two weeks after, about. Q. Do you recollect at any time after that, of Mr. Eowe straining himself while working in the hay ? (Objected to, as leading.) 2g7 A. Yes ; he was putting in hay one day, and he said he hurt himself by a fork full of hay, and he went into the house. Q. How was his health after that, as compared to what it had been before ? A. His health was very poor from that until he died. Q. Did he request you to procure any persons to come and see him ; if so, who, and what, occurred ? A. He sent me to New York for Mr. Flanagan to come out, that he wanted to see him, and told me to tell no other parties that he was sick. Q. What did you do ? A. I went that day and told Mr. Flanagan ; Mr. Flanagan came out ; I found Mr. Flanagan ; he was going down to Long Branch with his intended wife then, and he came out. Q. About what time was that in the year or month ? A . About the month of August, sometime ; am not certain. Q, Did you write to any body to come and see him ? A. Yes ; he advised me to write a letter to Father Duffy to come down. Q. Did you do it ? ' A. Yes. Q. How was Mr. Kowe's health at that time ? A. Very poor. Q. Did he have a doctor ? A. Yes ; he had a doctor. Q. Did he say anything to you about not telling any body he was sick, more than once ? A. Yes ; he told me, always when I went to New York,_not to tell any parties only Mr. Flanagan that he was sick. Q. Did he give any reason for that ? A. Yes, sir ; he said he never liked his friends, except Kichard Halpine and Eddie Eowe. Q. Did you ever hear him say anything about his Bridgeport relations ? TESTIMONY OF MICHAEL J. DIEUY. -2(il» A. No ; I never heard him speak about them. Q. Did you ever see any of them at his store in New- York? A. Yes ; I saw them on the day of Edward's funeral ; and I saw Michael Leverty in the winter afterward. Q. Is that the only times you ever saw any of them (liei^e ? A. Yes ; the only times. Q. Did you ever hear Edward Eowe say anything 288 . about ." at her Duify ? (Objected to.) A. Yes ; I heard him speak very often about him. Q. How did Edward speak of Father Duffy ? (Objected to.) -A. He always spoke good of him ; that he liked him very well. Q. When Patrick Bowe was in the city, was he in the habit of drinking much ? , A. He drank very little. — Q. Did you ever hear Patrick Bowe speak of Mr. Flanagan ; and, if so, how did he speak of him ? A. He spoke very good of him ; said he always liked to see him. Q. Did you borrow some money from Mr. Patrick - Rowe ? . A. It wasn't money boiTowed ; it was on the promise of Patrick to start me into business ; it was my own proposition to pay the money back, according as I would get along in business, and would make it. Q. Did you talk with Patrick about it ? A. Yes ; he told Mr. Flanagan to give me what money * I I'equired, to purchase a liquor store. Q. Did you give a note to Mr. Flanagan ? A, Yes ; it was one thousand dollars ; that was the amount I borrowed. Q. Did you ever write any letters to Father Duify for Mr. Bowe. A. Yes. Q. (Exhibit " I " shown witness) ; he is asked to tell us wh^t that is ? A. It is my writing ; that is the letter. Q. Where was Patrick Bowe when you wrote that letter ? A. 56 Elm street. Q. Was he present ? Q. Yes ; and told me what to write. Q. And you wrote it as he told you ? A. Yes. Cross-examined by Mr. Vanatta : Q. Where were you born ? 34 2G6 TKSTiJJONY OF MTCHAICL J. IMERT. A. In Ireland. Q. When did you come to this country ? A. In 1862. A. What time in 1862 ? A. In the month of August. 289 Q. Did you land in New York ? A. Yes ; in New York. Q. How long did you stay in New York ? A. In New York ever since ; never left the city. Q. What business did you first engage in New York, and where ? A. As 1shipping''ji clerk with Williams & Stephens, 353 Broadway. Q. When did you enter their employment ? A. I entered their employment shortly after I came to this city. Q. What was their business ? A. Looking-glass and picture business. Q. How long did you remain with Williams & Stephens in their employ ? A. Nearly four years. Q. When you left their employment, did you go in the employment of Edward Kowe ? A. Not then. Q. Where were you next employed, after you left Wil- liams & Stephens ? A. I was one month delivery clerk in the New York and New Haven Depot, corner of Centre and Franklin streets, New York ; then to Mr. Eowe's. Q. What day of the month did you enter Mr. Rowe's * employment ? A. On the 11th of June, 1866. Q. How do you fix that date ? A. I kept it in ray memorandum -book, when I com- ^ menced to work for any man. Q. Had you any acquaintance with Edward Howe be- fore you went into his employment ? A. Yes. Q. How long before that did you become acquainted with him ? A. About four years ; since I came to the country ; through a cousin of mine that used to attend bar for him sometimes. Q. What is the name of that cousin ? A. Hugh James. Q. Were you often at Edward's place before you went into his employment ? A. Yes ; I used to be there often. Q. What was the occasion of your going there before you .went into his employ ? TESTIMONY OF MICHAEL J. DIERY. 267 A. I went in to see him on account of me knowing him. Q. When did you first become acquainted with Patrick Rowe? A. On the 26th of July, 1866. h^ a_ ^'Cc_ Q. That was the day Edward was buried ? <5'<^/^2fct-.^...-^^ A. Yes. ^ t.c: d Q. That is the first time you ever sawPatriclt, was it ? A. Yes ; the first time I ever see him. 290 Q. On what terms did you first go to work for Edward Rowe ? A. Ten dollars per week, and board myself ? Q. What clerk (if any) did he have just beforo you went with him ? A. Charles Davis. Q. How long was Davis with him ? A. Couldn't say exact time. Adjourned until 21 o'clock, P. M, Case 7'esimled : 2\ O'clock, P. M. Present — Pitney, ) Proctor for Eooecutors, Vanatta, ) Proetor for Caveators, Michael J. Dieky, recalled on cross-examination: Q. What time did Edward Eowe first come out to Morristown after you went into his employ ? A. He came onee between the time I went to him and the 11th of July, and returned on same day. * Q. That was about how long before 11th of July ? A, About two weeks' — neighborhood of that. Q. What did he go out to Morristown for on the 11th of July ? A. He didn't feel well— was sick. Q. Never came back alive, did he ? A. No. Q. Who was left at the store besides you ? A. Richard Cunningham. Q. Was Richard there when you first went to clerk in the store ? A. No. Q. About what time did Richard come there ? A. He came on the 11th of July, the day Mr. Eowe left. Q. Where did Richard stay during the day from the 11th of July until Edward Rowe died ? A. He generally used to walk ai ound through the city, except at meal hours, when he used to let me go to my meals. Q. After Richard left, who did you have to assist you in the store ? ^•GS TESTIMONY OF MICHAEL J. orERT, A. I had no- person to assist me but Patrick Eowe, when he could come in from Morristown, and he, Patrick 291 Rowe, made arrangements with Hugh Lyoch to take my- meals to the store to me. Q. Then, after Edward's funeral, there was nobody at- tending the store when Patrick was away, except you ? ^ A. No. ^ Q. When did you; leave the store, 56 Elm street, A. 1st May, 1867. -^ Q. Where did you go to live then ? A. To Morristown. Q. Were you married at that time ? A. No. Q. When were you married ? l^ A. In July after. Q. When you came out to Morristown, about 1st of May, how long did you stay here ? A. Until the latter part of May, Q. What were you doing here ? A. I generally used to help tbem work on tlse farm, Q. Did you come out here for the purpose of helping' them work on the- farm ? A. Not exactly to work on the farm ' Mr. Rowe fetched roe out to work a little imtil I could procure- a liquor store to buy. Q. Did be pay you wages while you were working on *' the farm, or agree to pay you wages ? A. Yes ; he agreed to pay me wages. Q. What wages ? A. Fifty dollars a month, and board roe part of the time. Q. How long did you hire with him at that rate ? A. Until suoh time as I could procui-e a liquor store, Q. Had you ever bad much experience in farming ; ever done much at it .'' A. Not in this country ; I bad in the old country. Q. You had followed the farming busiitess in tbe old country, had you ? A. Yes ; part of the time. Q. You had clerked some before youconae to this coun- try, hadn't yoT.i ? A. Yes. Q. How many years bad you been clerking before you left Ireland ? A. Two years. Q. When did Patrick first talk to you about starting you in the liquor business ? A. Before we sold the place at auction, in May ; shortly before. Q Did you first mention it to him, or he to you .'' TESTIMONY OF MICHAEL J, DIERY. 269 A. He mentioned it first to me ; he said his brother 292 had spoke very good of me before he died, and that he would give me a start in business. Q That isn't all he said at the time on that subject, is it ? A. Yes ; all he said at that time. Q. Didn't he say that Edward had intended to start you in business, if he had lived ? A. Yes ; he said something to that effect. Q. Did he tell you what reason Edward had given for intending to start you in business ? A. Because I acted honest and industrious during the time he was in Morristown and before he died. Q. How much did he say Edward had intended to fur- nish you to start you in business — ^what amount "? A. He never mentioned any particular sum. Q. Whereabouts did this talk between you and Patrick take place about starting you in business ? A. 56 Elm street. Q. Who were present at the time besides you and Patrick .? A. No other person as I know of, Q. Did Patrick say about how much money it would need to start you ? * A. No. Q. Did you ask him how much it would need, or how much he was willing to let you have, for that purpose ? A. Not at that time. Q. When did you next have any talk with Patrick Rowe about starting yov in business ? A. About 1st of September, 1867. '^ Q. Where did that talk take place ? <^ A. Morristown. Q. Who were present there, besides you and Patrick ? A. Mr. Flanagan was present then. Q, Up to that time he hadn't let you have any money, had he, to start in business .? A, He used to speak to me to look out for a store when I went into New York ; he had not let me have any money up to that time. Q. Had you been working for him on the farm up to that time .? A. Part of. the time ; when I used to be in Morris- town ? Q. Who commenced the talk on the occasion, you, Patrick or Mr. Flanagan ; I mean Patrick's furnishing you with money to start you in business ? 293 A. I spoke to him first, because I had a store in view at the time. Q. About what time in September was the talk "> 270 TESTIMONY OP MICHAEL J. DIERY. A. About the first week in September j I think in the neighborhood of that Q. Just tell us all that was 8aid at that time by you and Patrick on that subject ? A. I told him I could purchase the store for one thou- sand dollars, and asked him if he would give me the one thousand dollars ; he said, " Yes ;" he told Mr. Flana- gan to give me one thousand dollars. Q. Was that all ? A. That's all. Q. Did you get the money then ; and, if not then, when did you ? A. I didn't get it then ; I got it a day or two after- ward. Q. How much did you get a day or two afterwards ? : A. I didn't get it ; the man I bought the store from Mr. Flanagan paid him six hundred dollars. Q. What is that man's name ? A. James Dougherty. Q. Where was the store you bought ? A. It was 354 West Twenty-Fifth street, New York. * Q. When did you take possession of the store ? A. I couldn't tell the exact date ; it was about the 9th or 10th of September, 1867. Q. Did Dougherty make a bill of sale of the store — of the things in the store ? A. Yes. Q. To whom was that bill of sale made, to you or somebody else ? A. To me, of course. Q. Where is it ? A. I ain't got it, sir. Q. Did you ever have it ? A. Mr. Flanagan kept it for safe-keeping. Q. You never took it away from Mr. Flanagan's office ? A. No. Q. Did you ever read that bill of sale ? A. Yes. Q. Were you present when the money was "paid Dougherty ? A. Yes ; when six hundren dollars was paid. Q. Was that all you agreed to give Dough'^rty for the store ? A. I agreed to give one thousand dollars. Q. When and how did you pay the other four hund- dred dollars ? A. Two months afterwards— two notes — two hund- red dollars each note. Q. Whose notes were they ? who was the maker of them ? TESTIMONY OF MICHAEL J. DIEUY. " 271 A. Ml-. Flanagan was the maker. 294 Q. Were the notes payable to your order. A. He indorsed them, in case I wouldn't be able]to pay them ; he paid them (Mr. Flanagan). Q. Did you put your name upon the face or the back ? (Objection is made to proving the contents of these notes without producing them or accounting for their absence.) A. I don't remember now. Q. At the time that store was bought out, did you give any security ; if so, what was it ? A. I gave a note. Q. For how much ? A. For one thousand dollars. Q. Did you give any mortgage to secure that note ? A. Not tkat I remember. Q. Didn't you mortgage the stock in the store to Mr. Flanagan, or to Patrick Rowe ? A. There was no occasion ; it wasn't exactly money loaned ; they didn't require such a thing as a mortgage. Q. Please answer whether, in point of fact," you didn't sign and deliver a mortgage — whether it was necessary or not ? » A. Not that I remember. Q. Do you mean to say that when you started that liquor store, and while you kept it going, Mr. Flanagan did not hold in his hands a mortgage for that stock in the store, oi- a principal part of it ? A. He had my note ; that's all I remember of. Q. You mean to say that you don't remember whether you made a mortgage or not for that stock in the store to Patrick Rowe or John Flanagan ? A. Don't remember. Q. Have you ever paid that one-thonsand-doUar note ? A. Never. Q. Ever paid any interest on it ? A. No, sir. Q. Have you been asked to pay the principal or the interest on .the note ? A. No. Q. Have you oifered to pay it ? A. I have not. Q. Do you expect to pay it ? A. Yes ; when business gets better ? Q. How long did you keep that store in Twenty-Fifth street ? A. Until the following May, 29S Q. Between the 1st of May, 1867, and the time when you took that store in Twenty-Fifth street, did you try to buy any other liquor store ? 272 TESTIMONY OF MICHAEL J. DIERY. A. Never, that I remember of. Q. Wasn't there a store further down that you ,had ex- pected to get ? A. Not that I remember. Q. Wasn't there a place in New Yorlj that you were talking of and expected to take in the summer of 1867, before you took the place in Twenty-Fifth street ? (Objected to, as irrelevant and a useless ex- penditure of time.) A. Don't remember of any place. Q. Did you not talk to or write to the Rev. William E, Duffy about your taking another place before t'eking that place in Twenty-Fifth street ? (Same objection.) A. Don't remember of writing to him to that effect. Q. Did not the Rev. William E. Duffy write a letter to you upon that subject ? A. He may have written a letterji but I don't remem- ber of receiving any. Q. Do you remember of seeing a letter addressed by -» Rev. William E. Duffy to Patrick, on one page of which was a letter addressed to you, speaking about a place for you. (Objected to, as irrelevant, proving the contents of a letter without producing it or accoucting for its absence.) A. Don't remember of seeing any such, letter. Q. You say you never saw such a letter ? A. Don't remember of seeing it. Q. Do you remember of writing any reply to such a letter ? A. No, sir. Q. How much of your time did you spend at Patrick Rowe's farm between the 1st day of May and the 9th of September, 1867 ? A. I couldn't tell exactly. Q. Tell as near as you can. A. I geu'^rally went sometimes in two weeks — rsome- times in three weeks — sometimes every week — to New York ; couldn't tell the exact time. Q. Were you at Mr. "Rowe's farm as much as a month during that period ? A. No, sir; I wasn't a month. Q. Were you there as much as two weeks altogether ? A. Yes, sir. 296 Q. During that period when you were away from Mr. Rowe's, where did you stay, and what were you doing ? ' A. I stopped in New York ; I was doing nothing ; sometimes first of the month J would collect rente for Patrick Rowe. TESTIMONY OF MICHAEL J. DIEIlY. 273 Q. During that time did you have any talk with Mr. Flanagan about your being started in business ; I mean between May and September ? A. I don't remember of having any conversation with him on that subject. Q. You were waiting all that time to get into business for yourself in a liquor store, were you not ? A. Yes ; I was looking to see if I could procure a store. Q. Mr. Patrick Kowe or Mr. Flanagan were, as you thought, very slow in famishing the means to buy a place, were they not ? A. I don't know as they were ; I could not procure a store. Q. Did you not complain during the summer of 1867 against Patrick Eowe and Mr. Flanagan, and particu- larly against Mr. Flanagan, because they would not let you have the means to buy a place ? A. Never. » Q. Did you talk with anybody on the subject of their not letting you have the means ? A. I don't remember of telling it to any person. Q. Did you not in the month of August, 1867, or in the early part of September of that year, throw out some threats, so as to be heard by Mr. Flanagan, as to what you would do if the money was not forthcoming to start you in business ? A. I never did. Q. Did you make any remark like this, " that if they didn't pretty soon furnish you with that money, you would show them that a will got up after midnight by some drunken men, wasn't good for much, and wouldn't stand long," or words of similar j)urport, meaning, or effect ? A. I never did tell any such thing. Q. You mean to say that you never said so, or that you don't remember it ? (Objected to, as the witness said distinctly that he never did say any such thing. A'. I never did say it. Q. During the summer of 1867, did you not frequently get out of patience, and express your impatience at being 297 kept out of business so long ? A. 1 never did. Q. Where did you next go into business aftef you left the store in Twenty-Fifth street ? A. 97 Oliver street, where I am at present. Q. Did you make a mortgage of your stock in that store to anybody ? if so, to whom ? A. No, sir. Q. Has it ever been mortgaged since yon owned it, that store ? 35 274 TESTIMONY OF MICHAEL J. DIERT. A. No, sir. Q. Did you ever make a bill of sale of the stock of your store in Twenty-Fifth street, or of the Oliver street store; if so, to whom was it made ? A. The Twenty-Fifth street store I sold by auction ; there was a small bill of sale made of the Oliver street store by the auctioneer ; it was in a very few words. Q. Did Mr. Flanagan have anything to do with the sale of the Twenty-Fifth street store 7 A. No, sir ; not that I remember. Q. Who was the auctioneer that sold it out ? A. His name was G-afifney ; Thomas Gaffney, I think. Q. Under whose directions did he make the sale, yours » or Mr. Flanagan's '^ (The question objected to, as a useless waste of time, after keeping me out of three days' time last week. — Mr. Pitney.) A. My directions. Q. When did you first see Edward Eowe write ? A. A few days after I went there to work, at 56 Elm street. Q. What did he write then ? A. He was writing a receipt for rent. Q. (Witness being shown Exhibit G-, he is asked): Can you tell when these erasures were made, on one of the pages marked with the initials " J. W. B." A, Don't know. Q. When did you first see the entries that are crossed out ? A. Never seen them before I saw them to-day. Q. Did you ever examine this book before to-day .? A. I looked through it a few times in Elm street, New York. , • Q. (E-fhibit I being shown witness, he is asked) : After you commenced using this book, did you make any more entries in the small book you spoke of .? 298 A. No, sir. Q. About how long did you use that small book to make the entries in ? A. I couldn't tell you. Q. As much as a month..? A. Couldn't say — don't remember. Q. What is your best recollection about it .? A. Didn't keep any date— couldu't say— don't re- member. Q. When Patrick Rowe was in the city, who took the money taken in the store while he was there ? A. He did. Q. When he was not there, did you keep au account of what you took in each day ? TESTIMONY OF MICHAEL J. DIEBT. 275 A. Yes. Q. "When he was there and took the money himself, was there any account made of what had been taken in? A. He put the money in the safe, and I put it in also, and when he required any money to use, would tell me give him some out of the safe, and I marked it down — all -the money he would take at a time. Q. If he was there, and took charge of the day's re- ceipts himself^ would you, in such case, write down in a book how much money would be taken in that day ? * A. Yes. Q. Why did you do that when he was there, and took the money himself.'' A. 'Twas his orders. Q. This book (Exhibit I) has an account of the mo- neys taken in, have they not .^ A. Yes. Q. These entries of moneys received w ere made when .' I mean commencing July 11th, 1866 "^ A. A part of these were made when I copied it off from the small book — that is, the first part of it ; and the rest was entered every evening when I counted the cash at the close of the business every night. Q. Was it entered truly according to the amount taken in each day ? A. Yes. Q. It was taken in, generally, in small sums during the course of the day ? A. Y'es ; five and ten cents — different prices of liquors. Q. I observe here that for the last twenty-nine weeks you received in no day any fraction of a dollar — how was it that there were never any fraction to the receipts.? 29i A. Men in business generally mark the exact dollars, leaving the rest for change for the next morning. Q. How did you manage to always have your pen in the same condition when you made these entries, and your ink of about the same hue ? A. I couldn't tell . you ; I could not say ; while the same bottle of ink lasted it was the same kind of ink. Q. In point of fact, Mr. Diery, wasn't every one of these entries of moneys taken in from July 11th, 1866, to 27th of April, 1867, written in this book after Patrick Kowe had stopped business in Elm street .? A. No, sir ; not that I remember of ; only, as I said before, a part of the first had been copied from the small book ; I couldn't say how much. Q. Wasn't all of this copied from the small book — every scratch of it ? 276 TESTIMONY OF MICHAEL J. DIERY. A. Not that I remember ; it all wasn't. Q. Did you ever send any money out to Patrick Bowe, out to Morristown ? A. I don't remember of sending him any money out to Morristown. Q. I see you entered here, that on the 23d of October, « 1866, you paid Patrick Rowe- one hundred and tweijty dollars : how did you pay him that — .bills or check. A. Bills, generally, I paid him. Q. Did you deliver it to him personally, or send it to him by some other person ? A. I don't remember. '-> Q. Patrick Rowe, I understand you, drank very little liquor when you saw him ? A. Yes, sir ; not very much ; drank a little once in a while. Q. He generally drank the colored water, I suppose ? A. Not at all times. Q. More frequently than anything else ? A. Yes. Q. Can you tell us what that water was colored with ? A. Raspberry syrup. Q. Did you ever see Patrick Rowe when he showed any signs of intoxication ? A. Never in my presence. Q. You say that Mr. Rowe went to see Mr. Flanagan every day when he was in the city : for how long a time was he in that habit ? A. Yes ; generally, when he came to the city. Q. From what time to what time ? 300 (Objected to, as a mere matter in arithmetic ; as the time over which the witness' knowledge extends, is clearly proven in the case.) A. Generally, in the fall season of 1866. Q. You say there was a broker to see him about the Elm street property : can you tell us the name of that broker, or his place of business ? A. Mr. Raymond was his name, I think ; keeps his office down Broadway ; I can't tell the exact number ; don't know his first name. Q. You spoke of another broker ^^eing there to see Mr. Rowe : can you tell his name and place of business ? Q. His name was Mr. Tate ; don't know his place of business. _Q. Is he the one that advised Mr. Rowe not to take thirty-five thousand dollars ? A. Yes. _ Q. Were you present when a written agreement wag signed to sell the Elm street property ? A. I was not, TESTIMONY OF MICHAEL J. DIERY. 277 Q. Do you know whea or where, of your own knowl- edge, that agreement was signed ? A. I don't know. Q. You spoke about seeing Mr. Smith, Mr. Eowe, and •'•" Mr. Flanagan, in conversation at one time about this property : can you tell what day of the week it was .? A. Don't remember. Q. Had Mr. Eowe been in New York the day previous to that ? A. I don't remember. Q. Can you tell how long he had been away fi oni New York previous to meeting Mr. Smith, if at all "> A. Couldn't tell. Q. How many rooms down stairs, had that place, 56 Elm street ? A. One room, and a small closet — one room, and a small closet, besides the store-room. Q. What use was made of that one room ? A. Sometimes parties sat down to drink in it — sitting- room. Q. How many rooms were there, up stairs, in second story .? A. Three rooms. Q. What were they used for ? A. Two bedrooms, and sitting-room. Q. Why was it you slept in the same room and same bed with Patrick ? A. That was his wishes "? Q. What reason did he give for it ? A. He gave no particular reason ; as I used to sleep 301 with his brother Edward, he wished me also to sleep with him. Q. You say he gave no particular reason : just say what reasons were assigned or given for it ? A. He gave no reason that I i-emember ; only gave me the order to sleep with him — told me to sleep with him. ' Q. About how many nights did you sleep with him there .'' A. Every night he slept there, in 56 Elm street. Q. About how many were there "^ A. Couldn't tell you ; never kept an account of it. Q. Where did the Rev. William E. Duffy put up when he was in the city ? A. He slept in a bed that had been furnished by Ed- ward Eowe for himself, exclusively, many years before — he put up at 56 Elm street. Q. And occupied one of these bedroonis you have spoken of ? A. Yes ; that had been furnished by Mr. Edward Eowe some years b'^f oi e, for himself expressly. 278 TESTIMONY OF MICHAEL J, DIERY. Q. You never saw Mr. Duify at 56 Elm street, your- *se]f, except on the occasion shortly before the will was said to have been made, did you ? 1^ A. I saw him at the time Edward Eowe was buried. Q. Did you see him there at any other time except these two occasions ? A. Yes ; I seen him there at different times, after the '^death of Edward Eowe. Q. You say he was there three days, leaving there the day before the will was executed : what was he doing there at 56 Elm street on that occasion ? A. He was getting some books packed up, up stairs, ■that Patrick Eowe gave him. Q. When did Patrick give them to him ? A. Don't remember ; but he told me to go up stairs and help him pack \ hem. Q. Did you hear anything about these books being given to him before that ? A. Don't remember of hearing anything. Q. Did getting these books packed, seem to be all the business Father Duify had at that time ? A. I don't know of any other business. Q. Did they fill more than one box ? A. I don't remember now, whether cne or two. Q. You packed them ? A. I assisted him — Father Duffy. 302 Q. How long were you engaged in packing them ? A. Couldn't tell the exact time. Q. Over an hour ? A. Not as long, I guess ; don't know. Q. Who put the direction on the box or boxes ? A. A man named Joseph Costello — a porter in G-eo. Bliss & Company's dry goods store. Q. Where were they directed to ? A. I suppose they were directed to Father Duffy. Q. To what place ? A. Thompsonville, Connecticut. (Questions objected to, as a waste of time.) Q. How were they sent from 56 Elm street ? A. By express. Q. Which express took them ? A. Adams Express. Q. Was Father Duffy at 56 Elm street when they were taken away. Q. No, sir ; he was gone home. Q. How long did he go away before the express took them ? A. He had been gone a day or two. Q. When did Patrick Eowe first say anything to you about giving you five hundred dollars by his will ? TESTIMONY OF MICHAEL J. DIERT. 279 A. On tlie night after he had made the will — on that night. Q. Was that the first j'^ou ever heard of his giving you five hundred dollars, or that he intended to ? A. That's the first I heard, of it. Q. It took you by surprise when he mentioned it, did it not .? A. I thanked him, and told him it was more than I expected. Q. You stated in your principal examination that Mr. Eowe said in the morning of that day, that he was going to Mr. Flanagan's office to make his will : what time in the morning was it that he said that ? A. I think it was about nine o'clock, or in the neigh- borhood of that time. Q. Did he then start off to Mr. Flanagan's ? A. He cleaned himself up first, and then started. Q. And dida't come back until about six o'clock that evening ? A. About six — in that neighborhood. Q. When he said he was going to Mr. Flanagan's to make his will, did he then say how he was going to make his will — ^what he thought of doing with his property ? A. No, sir ; not at that time. Q. Just state fully all he said at that time, about his 303 making his will (that morning) ? A. He told me he was going down to Mr. Flanagan's office to make his will ; that he had been unwell a short time before ; that he had had a bad cold, and that he wanted to settle his property, and not to die as his brother Edward did, without making a will — that's all. Q. Was that the first time you ever heard him say anything about making a will ? A. That was the first time. Q. Do you recollect of his going to Bridgeport in fall of 1866 ? A. Yes ; I remember of his going to Bridgeport ; don't know the exact time. Q. Was this talk he had with you before or after he went to Bridgeport ? A. Don't remember. Q. Before he went to Mr. Flanagan's office to get his will written, did you not see there in the store a paper writing in which were written the provisions that were to go in his will ? A, I never seen any paper of the kind. Q. Did you know a saloon in New York called Rhine- * bold's Saloon ? A. Yes. Q. Whereabouts Was that saloon in May, 1867 ? what street and number ? 280 TESTIMONY 01' MICHAEL J. DIERY. A. I knew a saloon by that name in Pearl street ; don't know the number. Q. Wasn't it 458 ? A. Don't know. Q. Were you at that saloon in or about the month of May, 1867 ? A. I may have been in it the latter part of May, 1857. Q. Did you tell any body at that saloon about the pro- visions of Patrick Rowe's will ? A. Never told any person. Q. Did you not say at that saloon, that he had given you five hundred dollars by his will, and Richard Hal- pine five hundred dollars by his will, and name other persons to whom he had made gifts by his will ? A. I never said any such thing. Q. When at that saloon, were you not asked how you knew about Patrick Rowe's will, and did you not say that Father Duffy had drawn it up at 5Q Elm street one night, and that the next morning, what Father 304 Duffy liad drawn up, had been taken to Mr. Flanagan, the lawyer, or a lawyer, to be put in form, and that you knew it, as you had read or heard read what Father Duffy had drawn up ? A. I never was asked any such question, nor I never told any person anything to that effect. Q. In the spring or summer of 1867, did you have any conversation ^sith Richard Halpine about Mr. Patrick Rowe's will ; and, if so, where was it ? A. I don't remember of having any conversation with him about his will, either in the spring or summer. Q. Did you not, in the spring or summer of 1867, tell Richard Halpine that Patrick Rowe had made his will, and given you a legacy, and given him a legacy also ? A. Never. Q. Did you not, in the summer or spring of 1867, tell Richard Halpine that Father Duffy had drawn up the provisions of the will, in the store of 56 Elm street, one night, and the next morning it had been taken to a lawyer and put in form, or words of that purport in effect ? A. I never told him anything at all relating: to the will. *■' Q._ Did you not also tell Halpine that, unless Tather Duffy and Mr. Flanagan did the fair thing with you, you could break the Whole thing up, and you would do it, or words to that effect ? A. I never did tell him that ; never told him anything about the will. Q. After making such communication to Richard, Halpine, as indicated, by the preceding questions, did you TESI*IMONY OF MICHAEL J. DIERY. 281 not go to see Halpine, and say to him that Father Duffy- had made you promise that you wouldn't say anything about the will, or what had been done about getting it up, and charge Halpine to be particular and say nothing about it ? A. I never went to Halpine on that subject, nor I never told him anything of the kind. Q. Did Michael Leverty see you within a month after Patrick Kowe died, and have some conversation with you about Patrick Eowe ? A. He called one evening to see me in Twenty-Fifth street ; I don't remember the conversation we had about Patrick Eowe. Q. Who was with Michael Leverty at that time ? A. There was another gentleman who he introduced to 305 me as Mr. Eowe. Q. Did you on that occasion, say anything to Michael Leverty as to Patrick Eowe's capacity as to business, and as to Father Duffy's influence over him ; if so, state what you said ? (Objected to as mere hearsay, and not a matter of cross-examination, in any point of view ; declarations of witness to a third party not evidence, as he has not been asked any questions on direct-examination, as to Patrick Eowe's capacity, or Father Duffy's influence over him.) A. I don't remember of any conversation at all respect- ing that. Q. Did you not tell Michael Leverty that after you knew Patrick Eowe, he didn't do any business ; that he was not capable to do any ; that you yourself had bought all the liquors, and had paid for them ; that you had collected all the rents ? (Same objections,) A. Never told him anything to that effect. Q. Did you not also, on that same occasion, tell Michael Leverty, that when Father Duffy came to New York he slept with Mr. Eowe, and that Father Duffy could do with Patrick Eowe what he pleased ; that * Patrick Eowe was under Father Duffy's sole control ; that Duffy's word was law to him, and that you thought Patrick Eowe was afraid of Duffy. A. I never told him any such questions. Q. When did you first Itecome acquainted with Si Iney Newshan ? . A. After I went to Mr. ll_)we'8. Q. AVas he there pretty freqn3ntly ? A. He used to come onoe a week, S3m3t'me8 O-ice in two weeks. 36 282 TESTIMONY OF MICHAEL J. DIEEY. Q. What persons were at the store 56 Elm street, next following the night that Mr. Rowe told you about the contents of his will ? A. Don't remember what persons were there. Q. There were customers in as usual that morning and forenoon, were there not ? A. Yes; there were customers in ; but as a general thing, a man in business never keeps account of custo- mers. Q. Can you name any one person who was there that forenoon ? A. Couldn't name any person — don't remember. Q. Was Lawrence Rock there ? A. Don't remember of seeing him that morning. 306 Q- Was he there to get some books that fall ? A. He came to me one day that Patrick was in the country at Morristown, and told me that Mr. Rowe had promised him some books ; I told him I could't give him any books when Mr. Rowe wasn't home ; I told Mr. Rowe about it when I saw him, and he said he never promised him books. Adjourned until half-past nine, Thursday morning, January 14, 1869. Teursday Morning, 91 o'clock, \ January 14, 1869. j Case resumed. Present — Pitney, Froctor for Executors. Vanatta, Proctor for Caveators, And parties. MlcflAEL J. DiERY, a witness on part of executors, re- called on cross'sxaminatien : Q. You stated yesterday that Mr. Rowe, on the day he "went to have his will made, returned to the store that ft evening about six o'clock J did he remain at the store the remainder of that evening, or go out anywhere? A. Don't remember of him going out. Q. Where did he spend that evening ? A. Couldn't tell ; don't remember ; after he came to the store at six o'clock, or the neighborhood of that time ; don't know if he was in the store up to ten o'clock— ^his bed-hour. Q. What time did he go to bed that evening ? A. About ten o'clock. Q, How do you recollect the hour he retired ; what do you fix the hour by ? A. Because that was his regular hoUr for going to bed. Q. What time did you go to bed that n'ght ? A. Half-past eleven. TESTIMONY OF MICHAEL J. PIEKY. 283 Q. Were you away from the store anywhere that night, between six and eleven o'clock ; if so, where ? A. I went, about six o'clock, to a dining-saloon in Chatham street, to have my supper. Q. What time did you return from there ? A. About a quarter to seven. Q. Who stayed at the store while you went away ? A. Patrick Eowe. 307 Q. Who besides Patrick Rowe was there when you went out ? A. Don't remember. Q. Was he there all alone when you left ? A. Don't remember. Q. Wbo ■^^s there in the store when you came back, besides Patrick, if anybody ? A. A man by the name of Hugh Lynch, and Philip Carlin was sitting on the bench in the store. Q. Were they the only persons there ? A. Don't remember of any other persons. Q. Do you remember that there were no other persons there ? A. Couldn't tell. Q. Were you away from tlie store that night between six and twelve o'clock, at any other place except where you went to supper ; if so, where ? A. Don't remember of going any other place. Q. Do you say you did not go to any other place. A. Couldn't tell ; don't remember. Q. You say that Patrick took a couple of glasses of sherry wine that evening ; where did he take them, and who drank with him ? A. Drank them in the bar-room with Lynch and Carlin. « Q. Was that right away after you came back from supper ? A. Yes. Q. Did he drink nothing after that, that evening ? A. Don't remember of seeing him drink any after that. Q. Did anybody ask or invite him to drink after that, during the coui'se of the evening ? Q. Don't remember of any person asking him to driuk. Q. Did anybody come in the store that evening after you came back from supper, before Patrick went to bed ; if so, who ? A. Don't know who came in ; I never kept an account of customers that came in that night, only that I knew Lynch and Carlin was there. Q. What makes you recollect that Lynch and Carlin were there .'' A. I just kept it on my mind — just in my mind. Q. How late did they stay there ? 2^-^ TESTIMONY OF MICHAEL J. DIERY. A. Couldn't tell the exact time. Q. Were there not persons coming in and going out all the evening every few minutes ? 30S A. Yes ; there were some parties ; don't remember who they were. Q. What time of night was it that Patrick began to tell you about the provision of his will ? A. After I went to bed. Q. Eight away, as soon as you went to bed ? A. Shortly after. j^^ Q. Just tell us how he commenced the talk, and all he said about it ? A. He told me that he had made his will that day, got it signed by witnesses, &c. Q. Was that all ? A. Told me the items — how lie had left his property. Q. Just repeat all he said, as he said it ? A. Said he left five hundred dollars to Eichard Hal- pine, five hundred dollars to Eiidie Eowe, five hundred dollars to myself, some two or three thousand dollars for a stone to put over him after his death ; some money to his friends in the old country that reared him ; some to the Sisters of Charity, in Houston street, and some to Father Curran, for mass to be said, and some to Bishop Bailey or Bishop McOloskey, and the rest to Father Duffy. » Q. Was that all he said ? A. That's all ; told me to keep it private — to tell no person. Q. Where were you the night before that ? A. 56 Elm street. Q. Where was Patrick Eowe that evening ? A. Don't remember ; couldn't tell the exact place. Q. Where was Father Duffy that evening ? A. He had gone home. Q. By what route did he go home .'* A. Generally takes the New Haven cars ; couldn't tell the route he went, as I did not see him going on the train. Q. What time of day did he leave 56 Elm street to go home ? A. Don't remember the exact time. Q. Did any body go with him when he left the store, or did he go alone ? A. Don't remember of any person going with him. Q. Did he go away from the store on foot or in a car- riage ? A; Don't remember how he went. Q. When he left, was he going directly to the railroad station, or gonae other place before going to the railroad station ? TESTIMONY OF MICHAEL J. DIEKY. 285 A. Don't remember. f Q. Did anybody stop at 56 Elm street to see Father 339 Duffy while he was staying there on that occasion; if so, who ? A. All that I know came to see him was a man by the name of Joseph Costello, who lived convenient to the store ; there may have been other parties ; don't remem- ber. Q. Do you remember of any one's calling there and asking you if Father Duffy was there — asking to see him.'' A. Don't remember of any person asking me, except this Costello. Q. Do you remember of Mr. John Flanagan's stopping there and asking to see Rev. Mr. Duffy on that occasion? A. Don't remember of seeing him there calling to see Mr. Duffy. Q. Did not Rev. Father Duffy, John Flanagan, and Patrick Ro.ve go away from 56 Elm street in a carriage together on that occasipn, and didn't you stand in the door when they started "^ A. Never saw them going away in a carriage, nor never stood in the door to see them go. Q. Did Father Duffy and Mr. Patrick Rowe go out to- gether from 56 Elm street while Father Duffy was in the * city on that occasion ? A. I seen them going out a few times to have dinner. Q Where did they go to dine .'' A. Don't remember ; never told me. Q. Where was Patrick in the habit of dining when in the city ? A. Generally went to Leggett's, Chatham street. Q. Did they go out to any other place, except to dinner .'' A. They may have at other times ; ain't sure. Q. Don't you know that they did, and didn't you see them do it ? (Objected to, as a mere repetition, and because it does not appear that the witness could have known to what place they went to dinner, except by their declarations.) A. I say they may have gone out ; ain't sure. Q. Do you mean to say that Father Duffy stayed at 56 Elm street three days, and the only time he and Rowe went out together was to dinner ? A. Ain't sure — can't tell ; they may have gone out ; can't tell. Q. What is the reason you can't say 7 A. I can't tJl ; ain't sure. Q. You were there all the time, weren't you .? 313 A. I was behind the bar, attending to business. Q. Was Patrick Rowe in the habit of going away 286 TESTIMONY OP MICHAEL J. DIERY. from the store in the daj'time without leaving word where he was gone to ? A. Sometimes he would tell me, and sometimes not. Q. How long after that was Father Duffy next at 56 • Elm street ? A. Don't remember — never kept an account. Q. Was he there again before you left the store 56 Elm street ; if so, how often ? A. He has been there a few times ; can't tell how many — the exact number. Q. Was he there again before Christmas ? A. Don't remember. Q. I see in your account you take credit for having paid five dollars for tickets on the 19tli of November, 1866 ; for what tickets were those five dollars paid .'' A. Something relating to Dr. Ives' institution ? Q. What Dr. Ives and what institution do you re- fer to ? A. I think it is for destitute Eoman Catholic chil- * dren. Q. How did that have any tickets connected with it ? A. Edward Kowe had been paying twenty-five dollars a year to that institution ; the tickets had been left there for a few weeks for that institution, and Patrick Kowe ordered me to pay the gentleman when he came around again. Q. Who was the person you paid that five dollars to ? A. Don't know his name. Q. Where was his place of business, and what was his business ? A. Couldn't tell. Q. Do you mean that you paid five dollars to a man you didn't know or where he came from ? A. Couldn't tell if he belonged to the institution ; he was the man that left the tickets, and the same man I paid. Q. I suppose you didn't pay that five dollars for railroad or steamboat tickets, did you ? A . Never paid five dollars for railroad or steamboat tickets. 311 Q. Did you not pay that five dollars for Father Duffy's fare to or from New York ? A. I never did. Q. Never said so, have you ? A. Never. Q. How do you know Patrick Rowe hurt himself in the hay field ? A. Because I was there at the time. Q. What time of year was it ? A. Can't exactly tell ; sometime in August or com^ n^encenaent of fall, TESTIMONY OF MICHAEL J. DIERT. 287 Q. Before that injury, liow had he heen that summer as to health ? A. Pretty weU. Q. Was he well when the stock in the store 56 Elm street was sold ? A. Yes ; didn't seem sick at that time. Q. Did his health remain good until he got injured in the hayfield ? A. Pretty good. Q. Did he complain, much that summer before he got injured ? A. Complained when he hurt his knee. Q. At any other time ? A. Don'b remember of his comj)laining at any ot'ier time, Q. Were you there 4th of July that year ? A. Yes. J Q. How long before the 4th and how long after the 4th were you there that j^ear ? A. Don't remember the exact time. . Q. Tell as nearly as you can. A. Don't remember ; couldn't tell. Q. A week before the 4th ? A. Couldn't tell the exact time. Q. More or less than a week before the 4 th ? A. I say I couldn't tell. Q. Were you there more or less than two days before the 4th ? A. I answered that q[Uestion before, and I said I couldn't remember. Q. Did you stay at his house more or less than a week after the 4th of July ? A. I may have stopped a week ; not exactly sure ; never kept account. Q. Do you think you did or did not ? A. Ain't sure. Q. Did Patrick have the doctor while you were there that time ? A. Don't remember seeing the doctor there about 4th of July. Q. Did you serve out any medicine to Patrick at that time .'' A. I rublDed some medicine to his knee. 312 Q. That all ? A. That's all. Q. Patrick was sober all that time, I suppose ? A. Didn't see him drink any liquor. Q. Did you see any appearances, or did he show any signs of intoxicating liq^uors on him at that time ? A. Did not see him show any signs of intoxicating liq^uors on him at that time. 288 TESTIMONY OF MICHAEL J. DJERY. Q. About how long before the 4th of July, did he hurt his knee ; I mccan the hurt for which you were rubbigg it? A. Couldn't tell ; may be a few weeks. •Q. Were you there ut the time he hurt it ? A. Yes. Q. What were they doing at the place when he hurt it ; Avhat kind of work ? A. His men were milking cows ; he was standiag in the field along with them. Q. Who were those men .? A. Eddie Bowe, and a man by the name of Martin. Q. Did that hurt keep him in the house, or did he go about the farm afterwards ? A. Kept him in the house for a short time. Q. About how long ? A. Don't remember. Q. Much as a week. A. Conldn't say. Q. Was he well otherwise at that time ? A. Didn't hear him comj)lain. (Witness being shown Exhibit No. 9, he is .a§ked) : Q. In whose handwriting is that letter ? A. Father Duffy's. Q. Did you ever see the letter that is addressed to you, , or that paper, before to-day. A. Don't remember of seeing this. Q. Are you not pretty sure you never did ? A. Don't remember, or at least that part of it. Q. Did you ever see that part that is addressed to Patrick Eowe before to-day ? A. Don't remember of seeing it ; perhaps I waa not in Morristown at that time. Q. You never wrote any reply to either of those letters, I suppose ? A. Don't remember. (Letter dated Juae 19, 1867, marked " Exhibit No. 9," is here offered as an exhibit on part .of caveators.) 313 Q. This letter, addressed to you, tells you to. see about fixing up the old store : what store does that refer to ? A. Don't know what old store it refers to. Q. You had never had any talk with Father Dufiy, prior to that time, about the store you were going to take, of Avanted to take, had you ? (Objected to, as irrelevant.) A. Don't remember of talking to him about a, store .? Q. Do you think that Father Duffy wrote to you about a store, as in that letter is written, without anything ever having .be&n said between you and him, persouallyj about a store ? fieSflMONt OF lilCHAEii J. DlEiif. .^S9 (Objected to, because the subject is irr(;levant,- and the. thoughts of the witness are not evideiice.) A. Don't; riettietnber anything about the store. ' Q. Had you been looking at, or talking about taking finy particular store, prior to the 19 th of June, 1867 ? A. Don't remember of talking about a store. T. Of. When did you first become acquainted with Father : Duffy ? A; At the time of Edward Eowe's funeral. , Q. Had you ever seen him before that day ; if so, ■whiere ? ; A. There had been a visit or two by him at Edward Bp"vre's store ; I seen him one or twice there ; never had Ij^b introduced to him. A. After that, you and Father Duffy got on very in- timate t^rms, did you not ? A. Yes ; because Edward Kowe, before he died, had written him a letter respecting my character and i-eputa- tiiOn? Q. When did Edward write that letter ? A. When I went to do business with him. Q: Before the 11th of July ? A. Yes.. •; Q^ How long before ? A. Don't remember; sometime between the 11th of June and 11th of July. Q. Did you read the letter ? , A. Yes, sir ; I've seen the letter, and read part of it that treated on my character. Qi When and where did you read it first ? A^ 56 Elm street, at Edward Rowe's death, or about that time. 3 1 4 (^. Who showed it to you ? A. Father Duffy. Q. It was after Edward was buried, then .'' A. About that time. Q, About how long after Edward was buried was it that Father Duffy showed you that letter ? A. Don't remember. Q. How did he come to show it to you ; what was the ocfcasion that led to his showing it to you ? A. Don't know. Q. What were you and he talking about at the time he showed you that ? A. Don't remember. Q. Who was present ? A. Don't remember ; never kept account cif any person present. Q. What became of the letter after he showed it to you? 37 290 TESTIMONY OF JHCSAEL J. DIERT. . A. He kept it, of course. Q. When and where did you last see that letter ? A. That was the first and last time I seen it. Q. When Father Duffy showed you that letter, did he say what he was going to do in consequence of Edward's « having written that letter ; if so, state what he said. A. Don't remember of his saying anything of what he would do for me. Q. What reason or excuse or explanation did he give for his showing you that letter ? A. Don't remember of his giving me any excuse or explanation or reason. Q. Did Father Duffy say whether he had shown that letter to Patrick, or told him about it, or was going to ? A. Don't remember. Q. Do you know whether he ever did show it to Pat- rick, or tell him about it ? A. Don't know. Q. Then after he showed you that letter. Father Duffy seemed to take a liking or fancy for yoii from that time on ? A. Don't know if he did ; never asked him if he took a liking to me. Q. Didn't he tell you, in consequence of that letter, he would help you to start in a liquor store in New York, or see that Patrick did ? A. Never did. Q. You said you were sent down to New York for Mr. Flanagan, and found him about to start - to Long Branch, in company with a young lady : when Mr. Flanagan come out to Mr. Eowe's (next after you went 315 for him) did that young lady come with him ? A. Don't remember of seeing her only on the 4th of July. Q. Did you return to Morristown on the same day, after seeing Mr. Flanagan ? A. Don't remember ; may have same day ; not sure. Q. Did Mr. Flanagan go up to Morristown same day you delivered the message to him, or did he go to Long Branch before coming to Morristown ? A. Don't remember ; I told him, and left his office. Q. Did you find him at his office on that occasion ? A- Yes. Q. Was the young lady at the office with him ? A. Yes. Q. How long did you know Mr. Eowe's Bridgeport relations ? A. Since the time of Edward's funeral. Q. Which of them did you become acquainted with after Edward's funeral ? TESTIMONY OF MICHAEL J. DIERY. 291 A. I hadn't got acquainted with them at the liineral ; I was tohl that they were the Levertys ; the wintei- after, Michael Leverty came to the store, and introduced him- o self to me (56 Elm street) ; I was introduced to Alexan- der at 97 Oliver street last fall, and I have been intro- duced to Mr. Eowe, of Bridgeport, at 354 West Twenty- Fifth street, some tune after Patrick's death ; that's all I know of them ; I was introduced to old Mr. Leverty at 97 Oliver street same day I was introduced to Alexander. Q. Then, in Patrick Eowe's lifetime, the only one of his Bridgeport relatives you knew was Michael Leverty ? A. Yes. Q. You said Patrick Eowe promised to start you in business : when did he first make that promise ? A. Made it in Elm street ; don't remember the exact time. Q. Was it before he had sold the'place, or afterwards ? A. Before. Q. How long before ? A. Don't remember. Q. You say he told Mr. Flanagan to give you what money you required, to purchase the store : tvhen did lie tell him that ? A. At the time I had the store in view in Twenty-Fifth street. Q. What month, about, was it ? 316 A. About the first week in September, 1867, or in that neighborhood. Q. How much money did he tell .Flanagan to let you have ? A. One thousand dollars. Q. Did he tell Mr. Flanagan to take your note for it ? A. No, sir ; that was my proposition at the time. Q. Who did you make that proposition to ? A. To Patrick Eowe and Mr. Flanagan both. Q. Where were they when you made it to them ? A. In Morristown. Q. Why did you propose giving your note when Pat- rick had promised to start you ? A. Because I wished to pay him back his thousand dollars, if business was good. Q. Why did you wish to pay it back if he was willing to give it to you ? A. Because I was honest enough to do so. Q. You thought he was capable of imderstanding what he was about at the time, didn't you ? A. Yes ; he said if I was able to pay it back, that it was all right ; and if I was not able to pay it back, he would never ask it to be paid. *• Q. What did Flanagan say to that ? 292 TESTIMONY OF MICHAEL J. DIERT. A. Mr. Flanagan had nothing to say to it. Q. Did you charge Patrick Rowe for your tim? bejtweep the 1st of May and 1st of Septem.ber, 1867- A. Yes, sir ; I've got a claim against the estate. Q. How much did you charge for that time ? (Objected to as irrelevant, and a "Waste of ,time.) A. Fifty dollars a month ; what he agreed to pay. Q. Have you said anything to Father Duffy abou,t paying that bill ? A. Never said anything about it. Q. Said anything to Mr. Flanagan about it, or he ,to you ? A. I told Mr. Flanagan I had a bill. Q. Did you asii him to pay it ? A. Didn't ask him to pay it. 317 Q. What did he say about its payment .' A. Didn't say anything. Q. How is it that you havn't tried to ge^ your J)jll paid ? A. I never asked to have it paid, because the case is in law, and I thought it was no use until it was decided. Q. How much does your claim against the esrat? amount to .^ ' ' (Objected to, as irrelevant.) A. Something in the neighborhood of three hundred dollars ; don't know the exact amount now. Q. Havn't you been in want of that money since Patrick died.? "■"'•• A. Not very badly. Q. Have you had any payment on account of it. A. No payment on account of it. Q. Did you attend any church in ]^ew Yor^ ; if so, what one .? • ' A. St. Andrew's, in Duane street. Q. Are you a member of that church "> A. T am a member of the Koman Catholic jOhurch 2 Q. Did you see at Patrick Rowe's house iu the summer of 1867, a young man by the name of Jofin Gribney I ' A. Yes; I saw him on the 4th of July.' ' Q. How long did he stay there .? A. Don't remember the exact time. Q. Which left first, you or he ? A. We both left together — come to New York. Q. How long after the 4'.h of July was ii; ? A. Don't remembfr. - Direct resumed : Q. You spoke of a small book in which you made entries when you first lived with Edward Bowe : have you heard any of the Bridgeport people saywiiere ttel is or was ? ■•'■-■ "'"■'■ '-. TESTIMONY OF MICHAEL J. DIERY. A. Yes, sir; Michael Leverty told me yesterday mornipg that he had that book in Hoboken before we started^oii the train. Q. You came from New York yesterday mornipg, did you, and Michael Leverty with yon ? A. Yes. Q. Is Michael Leverty in the room now ? A. Yes, sir ; that's the gentleman. Q. Has he been attending the trial yesterday and to- 318 day.? A. Yes. Q. What did he say about having the book, where he got it, or what kind of a book it was ? A. He said it was an account-book that I kept at 56 Elm street ; didn't say where he found it. (Counsel for executors request counsel for ca- veators to produce that book.) (Counsel for caveators says he will try and find it if he can). Counsel for Executors — I wish to examine the witness about it now. Counsel/or Caveators — I cannot produce it now. Q. How many tenants did the Rowes have ? A. Twelve or fourteen ; my book states that. Q. Did you collect the rents ? A. Yes. Q. Keep an account of them in this book ? A. Yes. Q. Were any of the tenants in the same building that the liquor store was in ? A. None. Q. How near was the building occupied by the tenants to the liquor store .!* * A. Next house — a house on east side of the store ; tenement houses. Q. (J. W. B., 3, in Exhibit I, being shown witness, he is asked) : Is that the account of rents, and the name of the tenants appear there ? A. Yes. Q. What was the number of one of those tenement houses ? A. 54 Elm street. Q. You speak of seeing Mr. Edward Rowe sign re- ceipts for rent : were those on loose pieces of paper, or in a book ? A. In a small book. Q. Who kept those books ; did each tenant have a book ? A- Not all ; each tenant's receipt was in a book by itepif. 294 TESTIMONY OF MICHAEL J. WERT. Q. (Pass-book, marked "Exhibit B," being shown witness^ he is asked) : What is that ? A. One of the pass-books of rent. Q. In whose handwriting is the latter part of the book ? A. My handwriting ; the rest of it Edward Rowe's. Q. I don't know but it already appears in the evi- 319 dence, but I will ask you, when Mr. Patrick Eowe was at the store, and took the money out at night himself, whether you wrote the amount down in the book the same as when he was absent ? A. Yes. Q. If he took the money out at night, whfvt would he do with it ? A. Put it in the safe. Q. Then if he took any sum of money out of the safe for his own use, was that always put down in the book ? A. Yes. Q. Why were you so particular to keep an account of the moneys under such circumstances .'' A. It was Patrick Howe's orders. Q. Did you ever hear Patrick Howe speak about see- ing company down at Mr. Flanagan's office, meeting and making acquaintances there ; anything of that kind ? A. He told me he me ta Mr. Levy and, I think, Mr. Leach ; am not certain ; he may have told me of other parties ; don't remember. Q. Did he speak as to how he spent his time at Mr. « Flanagan's office on the occasion you have spoken of.'' A. I never heard him say how he spent his time ; don't remember. Q. You said that Father Duffy when he came to the city occupied a room and bed which had been prepared expressly for him, himself, by Edward Rowe : whom did you mean by " himself" ; for whom was the bed pre- pared ? A. Father Duffy. Q. Did Edward Rowe ever sleep in that bed ? A. I never seen him sleep in it. Q. Did you ever know anybody to sleep in it, besides Father Duffy ? A. I never did. Q. When Edward Rowe was in the city, in your time, where did he sleep ? A. Hi9 slept up stairs in another room ; I slept along with him in the same bed — same bed Patrick and I oc- cupied after Edward's death. _ Q. Did you ever tell Lawrence Rock that you wanted him to get Mr. Eowe out to Morristown, it was a shame to have him there in the city, or anything of that kind ? TESTIMONT OF MICHAEL J. DIERY. 2&5 A. I never did. Q. The books that were shipped to Father Duffy were all of them Mr. Eowe's books. A. They were not ; there were some of them Father 320 Duffy's, that remained there since Father Duffy came to this country, or shortly after ; they were Latin books. Adjourned until 2\ P. M. Michael J. Dierkt recalled on direct-examination : (The rec[uest to produce the old book of ac- count is now renewed by proctor for executors.) (Proctor for caveators says : "I haven't got it.") Q. When Mr. Michael Leverty told you yesterday morning that he had that old book of accounts, did he say where it was at that time ? A. He said he had it in his pocket. Q. You spoke of throwing away the old book of which you copied a part of the one produced here : where and when did you throw that old book away ? A. 56 Elm street, last winter, sometime after I copied • the other book off. Q. What became of it as far as you know, and what was the last you saw of it ? *» A. It was put with old letters, and sent to Morristown about the 1st May, 1867. Q. Do you know what became of it after it got to Morristown ? A. It was thrown out among or with old papers. Q. Did you ever deposit any of Mr. Eowe's money in bank ? A. Kever. Q. You spoke of the odd change not being put down on book : where was it put at night ? A. Left in the cash-drawer. Q. Do you recollect of Elchard Cunningham having the key of the safe about the time Edward Eowe died ? A. Edward Eowe gave him the key of the safe in Mor- ristown to give me in 56 Elm street, and get a bank- book out of it belonging to Charles Davis, and give said bank book to Charles Davis, and send the key back to him again to Morristown. Q. What did he do with the key ? 321 A. He went to the safe himself, and took the bank- book out and gave it to me, and told me that Edward Eowe had sent it to me to give to Charles Davis ; Pat- rick Eowe told me all this shortly after Edward died. Q. Did Patrick say anything about what he thought of Mr. Cunningham's conduct in going to the safe him- self without giving the key to you as directed by Ed- ward ? *■ A, He said he acted a rogue to do so. 2J^ TKSTIMONX OF MICHAEL J. DIEKTC. Q. Did you ever send any money to Morristowii' to Patrick Rowe while the store was in operation ? A. Don't remember of sending any. Q. Wlio bought the liquors used at the store' after Edward died ? A. There never Avas any liquors bought at the store after of any consequence, except ale ; the ale men used to come around and see if we required any. Q. You say that you found Mr. Flanagan's intended wife at his office : was her father there also with her ? » A. Yes. Cros:-examination resumed : Q. Whereabouts in Hoboken did you have a talk with Michael Leverty about an account-book yesterday morn- ing ? A. At the paper-stand in the depot. Q. Who came over to the ferry-house on the Hoboken side first ; you or Michael Leverty ? A. Couldn't tell ; never seen him until he came to speak to me. Q. You crossed from Barclay street to Hoboken yes- terday morning on same boat I did, didn't you ? A. Yes. Q. We both went directly from the boat to the room where the paper-stand was, didn't we ? A. I didn't see you go in where the paper-staiid was until I saw you after passing through a small gate to teike the cars. 322 Q. Did you have any talk with Michael Leverty at Hoboken, or anywhere about Hoboken, after he went out of that room in which the paper stand was ? A. I had not. Q. Where was Alexander Leverty at this time Michael was having this talk with you about the book ? A. Don't know ; didn't' see him until I see him goifag through the gate along with you to take the cars. _ Q. Were not Michael and Alexander Leverty both sitting in that room in which the paper- stand is, when you and I and the other passengers entered it, and didn't they both came up and stand beside me until it was time to pass through to the cars ; and that all thaftook place was simply for him to bow his head and say good morning to you ? A. I didn't see Alick Leverty until I see him go out the gate ; he might have been sitting behind the paper- stand, and if he was I couldn't see him, as the paper- stand occupies a great part of the floor, and standingin tae centre of the floor, and I didn't s:o behind the paper- « stand. *= ^ \ Q. At what part of the stand did this talk between Testimony of miohael j. dieby. 297 you and Michael take place ; was it on the side of the ferry-door or on the side of the car-door, or on the side of the restaurant-door ? A, 'Twas on the side as you go in from the ferry on that side. _ Q. Did Michael come towards you ; if so, from which direction did he come ? A. From back of the paper-stand, from that direction ; I was reading a paper, or had one in my hand ; was standing up ; he came and spoke to me. Q. Did he come around from the restaurant end ? A. Couldn't tell ; didn't see him until he just spoke. Q. Just repeat the conversation that took place, giving the first word said by either one, and then giving it in its order. A. He came up and shook hands with me, asked me how I was ; said I was getting very stout ; asked me if I was going to Morristown ; I said "Yes" ; he said if he knew 323 that I was to come to Morristown, that he would bring me out himself ; told me that he had heard that I wasn't coming at all ; then he told me that he had a small accounc-book in his pocket that I kept at 56 Elm street. Q. Did you ask him anything about the account-book, did he just blunder right down on to that ? A. I never asked him anything about the account- book ; he just told me he had got it. Q. Where did he go after this talk took place ? A. By that time the small gate opened for the passen- gers to go out and take the cars ; he bid me good morn- ing, and went away ; I went after him ; then I seen you and Alick and Mike going before me to the small gate to take the cars, and walked up the platform before me and took the cars. Q. Did you get in the same car with him ? A. No, sir ; he took a car near to the engine ; I took a rear car. Q. About how long were you and Mike standing to- gether in that conversation ? A. Couldn't tell, as I didn't look at my watch to keep the time. Q. Is that the best answer you can give to it ? A. I can give no other answer ; couldn't tell the exact time. Direct-examination resumed : Q. Have you been here at MjrristoWn at any time while the trial has baen going on before this occasion ? A. Yes. Q. How long were you here, and who was boing sworti while you were here .'* 38 Missing Page Missing Page SCO TESTIMONY OF ANDREW G. CROPSEJ. A. They did. Q. When was the first time you ever came to Morris- town ? A. I think it was on the 22d day of July, 1867 — think it was on a Monday — quite sure. * Q. What occasion brought you to Morristown at that time ? A. A mass was to be held on the following Wednes- day, at the church in Duane street, New York, and Mr. Kowe wanted Mr. Flanagan to come out here on the evening on which I came out, and go back to New York with him on the next day — morning ; I supposed it was on account of this mass whieh was to be held. Q. Tell what occurred, and all about it. A. Mr. Flanagan could not come on account of having a great deal of business to attend to that evening and on the following day, and he told me to tell Mr. Eowe how he was situated, and ask him to excuse him for not coming out ; I told him how he — Mr. Flanagan — was situated, and the reason why he didn't come out ; Mr. Rowe said he was very sorry he didn't come, that he ex- pected him there that evening, but being that he couldn't come, and that I had come to return with him, it was all right. Q. What occurred the next day ? 327 A. I got there about nine o'clock in the evening — got up about daylight next morning — Mr. Eowe was up[about the same time I was ; he asked me if I would like to take a walk with him — he said he would like to show me his place, cattle, horses, and such like ; I think we start- ed from the house at five o'clock in the morning — might have been before or after — walked together down a lane which went about through the middle of his farm, down towards a woods ; he was telling me about different things — what kind of nuts grew there, &c.; I guess we returned in about half an hour, and when we had got near the house, to a field in which he kept his cows, Mr. Eowe's man was milking them, he asked me if I would stop and try my hand at it ; we did stop ; he gave me a pail and he took one, and we each milked one of the cows ; after that was done we went up to the house ; he then showed me bis chickens, turkeys and ducks, and then went in the house ; when we got in the house he introduced me to an old gentleman who was there — •■' think he said his name was Mr. Lynch ; we had break- fast about six o'clock— might have been a little later ; at the table he asked me if I would like to ride down to the depot ; I told him I didn't care about ridings that I would_ rather walk down, take a look around as I went ; he said we had better have a carriage, because jie , TESTIMONY OF ANDREW G. CEOPSEY. 30i thought it was too far to walk ; he said the boy cduld drive slow, and we could look around just as well, and as soon as we got up from the table he sent somebody- down and ordered up the carriage ; the carriage came about a quarter to seven, I think, and we got in and rode up to the depot, and took the first train that came along after we'got there, and went on to New York, and on the way Mr. Eowe complained of one of his legs hurt- ing him — so that was the reason he didn't like to walk far ; we got in New York sometime between nine and ten o'clock, and I think Mr. Flanagan was out of the office when we got there ; I think he had some cases to attend to that morning ; that was the reason he did not 328 go ; I think I asked Mr. Rowe if I should go and find out where Mr. Flanagan was ; he said I needn't do that, he would wait a while ; I think Mr. Flanagan came in about half-past eleven, and think they went out — might have been one or two o'clock — don't remember of seeing tbem that day again, after Mr. Flanagan and Rowe went out — think it was Tuesday. y^ Q. Do you know Rev. Wm. E. Duify, commonly called Father Duffy .? A. Yes. Q. Did you see anything of him the day that you and Mr. Eowe came down from Morristown.^* A. Yes. Q. State when and where, and all about it ? A. I think it was about five o'clock, or a little later — about dusk — ^he came in ; think he said he just came in from Connecticut ; am not sure whether he had a straw hat or another kind on ; had a linen duster on ; had a carpet-bag or valise in his hand ; didn't pay particular attention to what it was ; think it was a very warm day. Q. Who was in the office when Father Duffy camp in.? A. Another clerk, a boy, and myself ; that was all. Q. What became of Father Duffy ? A. He went out for a few minutes, and returned, and the other clerk and boy went home ; I left him in the office, and went home ; I guess that was aboat six o'clock, at night ; it might have been later ; Mr. Eowe and Flanagan bad not returned. Q. Did you inform Father Duffy anything about them .? A. I told him Mr. Eowe had come in town ; that he and Mr. Flanagan had gone out ; that they did not tell me where they had gone, nor when they would return ; thought they might come in any minute, 302 TBSTIMONy OF ANPBKW G. CBOPfiElT, ' Q. Did Father Duffy incLuire for Mr. rianagan or Mr. Rowe ? (Question waived.) Q. Wken and where did you next see Mr. Flanagan, Father Duffy, and Mr. Eowe .? A. It was next morning, at Mr. Flanagto's office, about eight o'clock ; might have been before. 329 Q. What were you doing, and what became of them ? A. I think Mr. Flanagan was standing up by the desk, and either Mr. Rowe or Mr. Duffy was lying down oi the lounge in the office ; I think Mr. Rowe was in his shirt- sleeves ; they complained (Mr; Rowe first) of its being very warm at the hotel, where they had been, and was very disagreeable ; think they said that they were trying to get some rest ; think they went out to breakfast together, don't know where, and something about a quar- ter to nine o'clock, they went up to the Duane street church (they were not long getting breakfast) to attend this requiem, or mass. Q. Do you know whether there was any notice of that mass put in the paper ? A. Yes, there was ; I put it in myself in the Herald. Q. What day did you go to the Herald office to put the notice in ? A. Same day that I came out here. Q. On the day that you accompanied Mr. Rowe from ** his house to Flanagan's office, did you see Mr. Rowe drink anything ? A. I did not. Q. Did you see anything that led you to suppose he did drink or had been drinking ? A. No. Q. On the evening that you were at his house in Mor- ristown, did you see anything about Mr. Rowe that led you to suspect that he had been drinking ? A. No. Q. On the occasion of which you have spoken of Mr. Rowe's visiting the office, was he always able to see Mr. Flanagan, or did he have to wait for him ? A. He was not always able to see him right off. Q. While waiting for him, and while he was not clos- eted with Mr. Flanagan, how would he spend his time ? ) A. He generally talked with somebody else that hap- pened to call in the office, was generally very friendly, and seemed as if he could very easily become acquainted with any person that treated him in a friendly manner. Q. Are you a Catholic ? A. No, sir ; I am not. 330 Q. Of what nationality are a majority of Mr. Flanagan's clients ? TESTIMONY OP ANDREW Q. CROPSE^, 303 A. I think two- thirds of them are Irish ; very nice tnen, '^ many of them, and well off. Q. Did you ever see Mr. Rowe engaged in conversation with any of the clients ? A. Yes ; very often. . r Cross-examined by Mr. Vanatta : "^V '/ ■ Q. Where was Mr. Flanagan's place of business when you first went into his employ ? A. In Brooklyn. Q. Whereabouts in Brooklyn, and what was he doing ? A. No. 13 Court street ; he was United States Assist- ant Assessor of Internal Eevenue Department. Q. Were you assisting him in the duties of that office ? A. Yes. Q, Who was the principal Assessor ? A. Mr. William E. Eobinson. « Q, Wag Flanagan in the same office with him ? A. He was. Q. You were employed and paid by Mr. Robinson, were you not ? A. Not that I know of, sir. Q. In what year was that when you were first in the employ of Mr. Flanagan, and he was Assistant Assessor Internal Eevenue ? A. It was either in the fall of 1863, or early in the spring of 1864 ; can't exactly recollect. Q. Can't you tell when it was, when you commenced service there ? A. Can't give the date, sir ; didn't pay any particular attention to it ; was very small then. Q. Can't you tell which year it was in ? A. I cannot ; it was some iime in cold weather ; snow on the ground. Q. What were your duties, and what did you do ? A. To serve notices on taxpayers in his district for them to make their returns, and when the returns came in, to fill them out and send them into Mr. Flanagan, have them sworn to, and after the returns were all collected 331 and got in, make out the lists for the Assessor and Col- lector. Q. How long did you remain employed at 13 Court street, Brooklyn. A. From the time I went there until about December, 1865. Q. Which left there first, you or Mr. Flanagan ? A. I think we both left together ; Mr. Flanagan Was getting ready to come to New York, and I had to stay in Brooklyn until he was ready to come over altogether ; he used to be in the office about half a day in Brooklyn, probably the rest of the day in New York. 304' TESTIMONY OF ANDREW G. t!Roi?SEif. Q. Whereabouts in New York was the first office ydu •want to after leaving Brooklyn ? A. 80 Nassau street. Q. Had Mr. Flanagan a partner then ? A. He went into copartnership with Mr. Eobert Gil- len. Q. Was Mr. Gillen in business at that place before Mr. Flanagan went there ? A. Yes. Q. How long did Mr. Flanagan continue in business with Mr. Gillen ? A. Until about May 1st, 1867. « Q. Which one of them attended to the office business, and which to the business out of the office ? A. Both the same ; when one was in he attended to the business in the office, and so with the other. Q. They generally managed so that one or the other was at the office. A. Yes ; generally tried to do so. Adjourned until half-past seven in the evening. 7^ O'clock, P. M. Case resumed. Andrew Gr. Oropsey, recalled on cross-examination : Q. Which floor of the building was occupied by Gil- len & Flanagan ? A. The third floor, front building. Q. How many rooms did they have ? A. One large room at that time. KSA Q. Only one ? A. Yes ; it was divided up in three afterwards. Q. Was it divided in three while Gillen & Flanagan remained together ? A. Yes. Q. When was it divided into three ? A. I think in April or May, 1866. Q. How do you fix the time ? A. I know it was in the spring of the year 1866. Q. Was it not the spring of 1867 ? A. It was not. Q. Was it before Messrs. Gillen & Flanagan dissolved.? A. It was. Q. What use was made of the three rooms after the one was turned into three ? A. Mr. Gillen occupied one, Mr. Flanagan another, and the clerks the third. Q. What were your duties with the firm of Gillen & Flanagan ? A. Attend to the office business, see to serving papers^ see that cases were put on the calendar in the courts, watch them after they were on the calendar, to see if TESTIMONY OF ANDREW 0. CROPSET. 305 they were going to be reached ; if I thought they were going to he reached, to notify the parties — that is, the clients ; subpena the witnesses ; when the cases would be reached, if could not be tried, adjourn them if I could ; help searching titles ; make out searches ; see that they » were put in in time ; take them out when required, and do all the writing I could in what spare time I had. Q. You had not been employed in a lawyer's office until you had been employed with Grillen & Flanagan, had you ? A. I used to attend to Mr. Flanagan's business in Brooklyn ; he was practicing law there. Q. What business of the law office did you attend to in Brooklyn ? A. I first began by copying and serving papers, and doing whatever errands I could ; and the longer I was with him,- the more I learnt. Q. By the time you went over to New York, you had become pretty well acquainted with the law, I suppose ? A. Of course, I knew more about it then than when I first went with him ; but I did not know as much as I afterwards learnt. Q. Did you spend much of your time reading law books ? A. No, sir ; I did not. Q. Did you ever read any law books ? 333 A. Not very much ; very seldom got time. Q. Did you ever read any law books ; if so, which ones ? A. I never read them except when I wanted to get a form, or something like that. Q. Which of those three rooms that Gillen & Flana^ gan had, were you employed in ? . A. I was in the large one. Q. What other- persons besides you Were employed - there ; give their names and residences ? A. During the year 1866, Henry McClosky was there ; latter part of 1866 and 1867, James O'Mally was therfe, with McClosky — that is, all three of us. Q. When a client went into Mr. Flanagan's room, did you go in with him, and remain with him while he was there ? A. I could see him from where I sat, if the door was open ; when they first came in, I always went in with them, to find out who they were, what their business Was, and if they would wait to see him — that is, when I was in. '■'' Q. Did you have orders to do that ; and, if so, from whom ? 39 ^6 TESTIMONT OF ANDREW G. CROPSBT. A. Yes ; from both Mr. Gillen and Flanagan ; all the clerks had orders to that effect. Q. When a client went in to Mr. Gillen's room, did yon follow him in to his room ? A. Yes ; I done same thing. Q. Did you make a memorandum of what they said there ? A. Sometimes I would make a memorandum of who called. Q. When and where did you first see Patrick Eowe ? A. In the latter part of July, or the early part of August, 1866, in Gillen and Flanagan's office. Q. Had you ever seen him before ? A. No ; not that I know of. Q. How did you know it Was Patrick Eowe ? A. Because I was told. Q. Told by whom ? A. By Mr. Flanagan, Q. While he was there, or after he had left ? A. It was after he had left — -can't exactly recollect, Q. What time of day was it, when he first came there .' A. Can't recollect. 334 Q. Did you see him when he first came in the office on that occasion ? A. Don't recollect whether I was in when he first called. Q. He always came alone, I -suppose ? A. Sometimes he came alone ; I think he most always came alone. Q. Did you ever know him to be accompanied by any one on any single instance ? A. During that period— I can't remember the number of times — Mr. Duffy was with him once or twice. Q. Can you say that Mr. Duffy was with him there on more than one occasion— I mean the latter part of July or early part of August ? A. Can't say that I remember of seeing him there more than once during that time— 'that is, between the latter part of July and the early part of August, 1866. A.What was Father Duffy's business there on that occasion ? A. I don't remember. Q, Did you ever see Father Duffy there with hitn after that time ? A. Yes. Q. How long after that before yoit saw leather Diiffy * there with him ? A. Can't exactly remember j might hare been a cotiple of months after, Q. What was Father Duffy's business there then ? TESTIMONY OF ANDREW G. CBOPSEY. 307- Q. Don't remember. A. How soon was Father DuiFy and Mr. Rowe there again ? A. Mr. Rowe was there in October alone i; don't re- member when they were there together again ; quite sure they were there again in 1867. Q. Was Father Duffy there at any time after Au- gust, 1866, and beibre the summer of 1867 ? A. Yes, sir ; I've already said he was there after that occasion in July and August, 1866, but can't remember the exact time. Q. Was he there between the second visit you speak of and the summer of 1867 .'' A. He might have been ; I can't remember. Q. How is it that you found out what Mr. Rowe's business was with Mr. Flanagan, but didn't find out what Duffy's business was with Mr. Flanagan ? A. I think I seen a petition on the part of Mr. Rowe for administration on his brother's estate, Mdao died shortly before ; that is the way I came to know Mr. Rowe's business there. 335 Q. Did you have anything to do with finding securi- ties to go on Mr. Rowe's administration bond ? A. Don't remember, sir. Q. Do yon know who obtained the securities ? A. Don't remember. Q. Do you know who the securities were ? A. Don't remember ; don't know. Q. Did Mr. Flanagan have anything to do with ob- taining those securities ? A. Don't know. Q. You say that Mr. Fianaj^an was concerned for Patrick Rowe in Mr. Rowe's accounting before the Sur- rogate : when was that accounting done as near as you can remember ? (Objected to, because he has not said so.) A. Don't remember. Q. Was there any accounting before the Surrogate by or for Patrick Rowe ? A. Can't say : never had anything to do with it. Q. What did you mean, then, when you said that the business of Mr. Rowe at Mr. Flanagan's office was in the accounting before the Surrogate .'' A. I am not positive whether there was any account- ing ; there generally is. * Q. Do you know that Patrick Rowe, or Mr. Flanagan for him, ever did account before the Surrogate ? A. Can't remember ; don't know. Q. Did you ever have anything to do with, or see, or hear of any such accounting ? TESTIMONY OF ANDREW G. CKOPSEY. A. Don't remember. - Q. Were Flanagan & Gross, or either of them, en- gaged in the business of buying and selling real estate while you were with them ? (Objected to, as irrelevant.) A. I don't remember. Q. Did they have anything to do with the sale of Patrick Kowe's property at 56 Elm street ; it so, what ? (Objected to, as there was no such firm at that time.) A. There was no such firm at that time. Q. Did G-illen & Flanagan have anything to do with the sale of Patrick Kowe's property 56 Elm street ; if so, what ? A. I think they did ; they acted as his attorneys at that time, advising him as to making the contract ; I suppose, drew the deed for the property ; and I think Mr. Flanagan raised the price for him-^got the pur- chaser to raise the price. S3S Q. Wasn't that property sold rather secretly and slyly ? , _ A. No, sir ; I think not. Q. Why do you think not ? A. Because it was in the hands of a real estate broker for sale. Q. It was never advertised for sale, was it ? A. I don't remember. Q. You never had any knowledge of its being adver- tised, had you ? A. Don't remember ; might have seen it ; paid no at- tention to it. Q. You never saw any advertisement of sale about Messrs. Gillen & Flanagan's oflSce, did you ? A. I don't remember. Q. There couldn't have one been there without your seeing it, could there ? A. I would have been likely to have seen it if it was there ; still there might have been one there without my seeing it. Q. What real estate broker had that property for sale ? A. I think it was a man named Mr. Eaymond. Q. Where was his office or place of business .'' "'' A. I don't remember where. Q. What was his Christian name ? A. Don't remember. Q. You saw Mr. Eaymoud very frec[uently, didn't you ? A. Yes ; he used to be looking around for Mr. Rowe? Q. Who placed the property in the hands of Mr. Ray- mond for sale ? TBSXIMONY 01" ANDREW G. CROPSEY. 309 A. I can't tell ; think it was Mr. Rowe, Q. About how long did Raymond have it for sale be- fore he sold it ? A. Don't remember. Q. For how long a time was he calliug at your office for Mr, Rowe before a saje was made "> A. Can't remember of his calling any more than three days before. Q. Three days before what ? A. I think three days before the agreement was made; am not positive. Q. When was the agreement made .? A. I can't give the day, but it was in the latter part of October, 1866. Q. Why do you think it was in the latter part of Oc- tober, 1866 .? A. I know it was the time that Mr. Rowe was there. Q. When you was giving your direct testimony this 337 afternoon, you said it was the 15th or 16th of October when Mr. Rowe was there ; (that is, when he came in there when Raymond was inquiring about him): why do you now say it was the latter part of October ? (Objected to, because he didn't say so.) A. I said before, it might have been the 15th or 20th; it might have been later ; that is what I mean by the latter part of the month ; I don't remember the date. Q. What do you fix the time by .? A. I don't remember dates ; am quite sure it was about that time. Q. In your principal examination the following ap- pears : " Q. Do you recollect any thing about the sale of Mr. Rowe's property in Elm street ? A. I know a little about it. Q. Just tell what you recollect of the occur- rence in connection with the sale ? A. Some day, about the 10th day of October, may have been a little later, Mr. Rowe came into Mr. Flanagan's office ; it was then the office of Gillen & Flanagan." Now, what do you say now as to the time, and if you change it, why do you * change it ? A.JI say I have no reason for changing it ; as I before stated, I don't distinctly remember ; it might have been the 15th or the 20th ; or befm-e the 15th, or after the 20th. Q. What day of the week was it that Mr. Rowe came into Gillen & Flanagan's office, and you told him that Raymond had been there inquiring for him ? A. Don't exactly remember ; might have been Tues- day or Wednesday; I can't distinctly remember ; might have been one of these days. Q, How was Mr. Rowe's health at that time "i 310 TESTIMONY OF ANDREW G, CBOPSET. A. He appeared to be in very good health wlien I saw him ? Q. Did you ask him how his health had been, or did he state how it had been since you had last seen him? A. Mr. Eowe had been in before that day, and he thea told me concerning his health ; he said he had been very well since he had been there last. Q. How long before that had you last seen him ? 338 A. I might have seen him since he got out letters of administration on the brother's estate, but I can't remem- ber ; before I went down to see Mr. Flanagan : I think it was two days before ; don't remember of having seen him since he got out administration on his brother's estate up to that time ; up to two days before I went down to see Mr. Flanagan ; I mean when I went down to Pine street to see Mr. Flanagan. Q. The day you went down to Pine street to see Mr. Flanagan, was the day on which, as you understood, the agreement for the sale of the Elm street property was concluded and signed ? A. I think it was, but I don't distinctly remember. Q. And two days before that Mr. Rowe had been in the office, had he ? A. I think he had. Q. And you then asked him how his health had been, and he told you, did he ; and he told you he had been very well since you had seen him ? * A. Yes, sir ; I thought he looked very well, from his appearance. Q. On that day when you had that talk with him about his health, did you tell him that Raymond, the real estate broker, had been there inquiring about him ? A. I don't remember that I said anything to Mr. Rowe about Mr. Raymond, on that day. Q. Was Mr. Flanagan in the office on that day ? A. I don't remember whether he was out or in at the time Mr. Rowe called. Q. Did Mr. Rowe call the next day ? A. I think he did, sir. Q. Did you tell him then that Mr. Raymond had b^en there looking for him ? A. I think I did ; can't say, positively. Q. What did you say to him then, about Mr. Ray- mond's call, and about what Mr. Raymond had said ? A. Can't distinctly remember ; I think I told him Mr. Raymond called to see him about his property in Elm street ; that might have been all I said. ' 339 Q. Then, on the next day, when he called at the office, and Mr. Flanagan was down in Pine street, you told Mr. Bowe that Mr. Raymond was looking all over for him TESTIMONY OF ANDREW G. CKOPSET. 311 and you also told him to have nothing to do with Mr. Eaymond, did you ? A. Yes. Q. Why did you tell him to have nothing to do with Mr. Eaymond until he had heard from Mr. Flanagan ? A. I think I heard he was selling the property too cheap, and that Mr. Flanagan could get him more for it. Q. Who had told you that ? A. Don't remember. Q. Had Mr. Flanagan told you to say that to Mr. Eowe if he came to the office ? A. Don't remember as he did. Q. How long before that had you heard that Eaymond was likely to sell the property too cheaply ? A. I don't remember. Q. Why hadn't you warned Mr. Eowe the day before, or two days before, to have nothing to do with Eaymond ? A. I don't know of anything that might have caused me to do so. » _ Q. Were you in the habit, without instructions, of in- terfering with the business of gentlemen and their brokers ? A. No, sir. Q. Why did you feel called on then to tell Mr. Eowe to have nothing to do with Mr. Eaymond ? A. I thought, by his being a client of Mr. Flanagan's, it was my duty to do all I could for his interest ; I thought I had done right in telling him so. Q. How did you know what the property was worth, and how did you know that Eaymond was not likely to get a good price for him ? A. I don't remember the circumstances. Q. Whereabouts in Greenwich street was that cotltract closed ? A. Don't rerflembei*; Q. Did Mr. Eowe wait in Mr. d-illen & l^lanagan's office until Mr. Flanagan returned from closing the agreement ? A. I don't remetubei". Q. What was Mr. Eowe^s business to the office oti the two days preceding the one on which you went down to see Mr. Flanagan in Pine street ? A. Don't remember, but think he called in about the Elm street property. 340 Q. What did he say about it ? ^ A. Don't remember. -''^ Q. Who wrote the notice of the anniversary mass which you carried to the Her aid office for publication ? A. 1 can't distinctly remember. Q. Who gave it to you ? 312 TESTIMONY OF ANDKEW G. CKOPSET. A. Mr. Flanagan. Q. Was it in Mr. Flanagan's handwriting ? A. I don't remember. Q. Do you know the handwriting of the Rev. Wm. E. Duify ? A. Not very familiar with it. Q. Did you know the handwriting in which that notice was written ? A. Don't remember. Q. What did you come out to Patrick Eowe's at Morristown for, the first time ? A. For the purpose of excusing Mr. Flanagan for not coming, and to go back with Mr. Eowe in the morning, Q. What was Mr. 'Flanagan to have come out for ? A. Don't remember ; Mr. Rowe wanted him out. Q. But what need had he of him ? « A. I don't know. Q. Mr. Rowe was well enough and knew enough to go to Xew York alone, didn't he ? A. Yes ; he appeared so. Q. Did you tell Mr. Rowe that you wanted him to go back with you the next morning to New York ? A. I told him when the mass was to be held, and I don't know as I told him that Mr. Flanagan wanted him him to come in. Adjourned until 10 o'clock Friday morning, January 15th, 1869. Friday Morning, January 15, 1869, ) 10 o'clock, A. M. j Case resumed. Present — Pitney, Prodot for Executors. " ■ Vanatta, Proctor for Caveators, and parties. Andrew G. Oeopsey, a witness on part of executors, 341 recalled on cross-examination : Q. Did you tell Mr. Rowe on what day the mass was to be held ; and, if so, what day did you name ? A. I can't remember the date of the day I told him the mass would take place, but I think it was on a Wed- nesday. Q. What day of the month did Edward Rowe die on ? A. Don't remember. Q. Did you tell Mr. Rowe that you had left a notice of the mass for publication for the Herald ? A. Don't remember. Q. Did you tell him or did he ask you why the mass had been published for Wednesday instead of Tuesday ; and, if either, what did he say to you, or you to him, bn that point ? A. I don't remember of his asking me why it had been published on Wednesday ; I think he said that it was all right, and he seemed to be pleased with it. Testimony of andeew g. cropsey. 31^ _ Q. Was tliere anything said by liim to you, or you to him, about the fact that Edward Kowe had died on the 23d day of July, 1866, and that the anniversary of his death would be the 23d of July, 1867 ? • » A. Don't remember. Q. Do you mean that you made no remark to him, or he to you, about the fact that the anniversary mass was advertised to take place on a day after the real anniver- sary ? A. I mean to say I don't remember. Q. Did you know or understand at the time why the anniversary mass was to be held on the 24th of July, in- stead of on the 23d of July ? A. I might have known at the time, but don't renaem- ber. Q. Do you say now that you did then know, but don't remember now ? A. I don't remember whether I knew or not. Q, Before you came out to Mr. Rowe's on that occa- sion, did Mr. Flanagan explain to you, or in your hear- ing, why the mass was to be held on the 24th instead of the 23d ? A. Don't remember. Q. When you arrived at the depot at Morristown that evening, how did you go from the depot to Mr. Eowe's house, on foot or ride ? A. Don't know ; think I rode ; don't remember cer- 342 tain. Q. If you rode, who did you ride with ; and in what kind of conveyance ? A. Don't remember the man ; it might have been & light wagon ? Q. What kind of horses were used to the wagon ? (Objected to, unless he states what kind he means by horses ; blue, green, or red horses, or mares. A. I don't remember ; it was very dark. Q. What time did the train leave New York in which you came out ? A. Don't exactly remember ; think between six aijd seven P. M. Q. Was it a passenger or freight train ? A. Don't remember ; think it was passenger. Q. Did you pay the man anything for the ride ffom the depot to Mr. Rowe's house ? A. I suppose I paid him something ; don't I'emeinbei'^ G.tactly how much. Q. Did you see Edward Rowe that evetiing-^I mean the young man who lived with Patricx Rowe ; if soj w-hei'-e did you first see him ? 40 314 TESTIMONY OF ANDEEGW . CROPSET. » A. I did see him at Mr. Eowe's house. Q. Did you see Mr. Eowe's working man, Martin, that evening ; and, if so, where did you first see him ? A. I .don't remember ; I might have seen him. Q. No carriage or conveyance of Mr. Eowe's was at the depot when you arrived there, was there ? A. Not that I know of. Q. Did Mr. Eowe invite you to take a drink after you arrived there that evening ? ^ A. No ; he did not. Q. When you walked out wi^h him the next morning, was he anywaj's lame, show any signs of limping or stiff- ness ? A. I can't distinctly remember, but I think he spoke of one of his legs hurting him. Q. But did you see any signs of lameness or stiffness in liis walk ? A. I think he showed signs of a slight lameness. Q. Did he use a cane to walk with ? A. Don't remember. Q. Who was the man milking the cows when you and Mr. Eowe came to where the cows were being milked ? I 343 A. I think it was Edward Eowe. Q. Did Patrick Eowe milk a cow as well as you, that morning ? A. Yes. Q. You commenced and finished the milking of a Cow, did you ? A. Yes. Q. Was that the first time you ever tried to milk ? A. No, sir. Q. When and where had you milked before ? A. At my father's place, different times. Q. That was before you went into the service of Mr. Flanagan, I suppose ? A. Yes ; and while 1 was there. Q. Who did Mr. Eowe send for the carrriage that morning ? A. Don't remember. Q. Did the carriage come from town or Mr. Eowe's ■tables ? A. I think it came from the town, Q. Mr. Eowe seemed very lively and active that niOrn- ing, didn't he ? A. He seemed to be in about the same spirits as he was the night before. • Q. What time did the train leave the Morristown station on which you and he went to New York ? A. Don't exactly remember j it was either between seven or eight o'clock, or it might have been a little be- TESTIMONY Oy ANPBEW G. CKOPSEY. 315 fore seven o'clock ; can't tell whether it was a seven or eight o'clocfi; train I went in. ' Q. What time did you arrive at New York — at Bar- clay street ? A. Sometime between nine and ten o'clock. Q. Did you go directly to Mr. Flanagan's office ; and, if so, did you go on foot or did you ride .^ A. I think we went directly to Mr. Flanagan's office ; I think we went on foot. ,. Q. Did you stop anywhere between the ferry and Mr. Flanagan's office ; and, if so, where ? A. I don't remember of stopping anywhere. Q. Can you tell what time you reached Mr. Flanagan's office .? A. I think it was between nine and ten o'clock ; it might have been a little later than ten o'clock. Q. Had Mr. Flanagan been to the office that morn- 344 ing before you and Mr. Eowe reached there .? A. I think he had. Q. But had gone out when you an-ived .^ A. Yes. Q. Where had he gone to .? A. Don't exactly remember ; think ho had gone to court. Q. Which court ? A. Do not remember. Q. What time in the morning do the courts usually meet — that time in the year 7 A. District Courts open at nine, and the other courts at ten. Q. Which District Courts do you mean ? A. Justices' Courts of the City of jSTew York. Q. Can you tell what time he returned to the office .'' A. I think it was eleven, or between eleven and twelve o'clock. Q. Why do you think it was at that time ? A. Because I think Mr. Eowe waited in the office about an hour ; that's the only reason I can give. Q. Did he remain in the office until Mr. Flanagan came in ? A. I think he did. Q. Did you see Mr. Patrick 0. I^each at Mr. Flanagan's office that day ? » A. I might have seen him ; but I don't remember; Mr. Leach is in the habit of coming in the office very often on business ; sometimes on a friendly visit. Q. You said that Mr. Eowe and Mr. Flanagan went away from the office between one and two o'clock of that day : had Mr. Eowe remained at the office up to the time he and Mr. Flanagan went away together ? 316 TESTIMONY OF ANDREW G. CROPSET, A. I don't exactly remember ; but I think Mr. Eowe remained in the oiSce until he went away in the after- noon. Q. What did you do from the time you arrived in the office until the time Mr. Eowe and Mr. Flanagan we'nl away from the office ? A. I don't exactly remember ; I think I remained in the office. Q. What were you engaged at ? A. I don't remember. Q. What was Mr. Flanagan engaged at from the time he came in until he and Mr. Eowe went away ? A. I do not exactly remember ; I think he was talk- ing with Mr. Eowe a part of the time. 345 Q. Did he and Mr. Eowe go out together to take dinner or lunch before they finally left the office ; if so, what time ? A. I don't remember ; might have gone out. Q. Do yo'u remember of their doing so ? (Objected to, as already answered.) A. I don't remember. Q. When they left the office did they go alone, or was some one with them ? A. Do not remember ; think alone. Q. Where did you board at that time ? A. Never boarded in my life. Q. Where did you have your house at that time ? A. In the town of New Utrecht, with my father and mother. Q. How far is that from Mr. Flanagan's office ? A. About eight miles ; don't know the exact distance. Q. Did you go home every night when you were in the city ? A. Yes. Q. About jvhat tim e in the afternoon did yougfener- ally lea ve the office to^o.hoTine.? ■ A. In the summer time generally six o'clock ; some- » times later ; sometimes at dark. , Q. On the day in question did you have anything re- quiring you to stay later than usual ; if so, what was it ? A. I think I did ; do not distinctly remember. Q. What do you not distinctly remember ? (Objected to,' as a bold attempt to waste time, and the merest repetition.) A. What I was doing. Q. Do you remember whether you left the office earlier or later than usual ? A. I think it was later than usual. Q. What I want to know is, why you staid later than usual ? TESTIMONY OF ANDIIEW G, CllOfSEy, 317 A. As I said Lefoi'o, think I had something to attend to ; don't distinctly remember what it was. Q. Had you not been told to remain there until Father Duffy came in ? A. I don't remember of having been told. Q. What did Father Duft'y say when he came in — first thing ? A. Said " Good afternoon, Andrew," and asked me "if I was well," and " if Mr. Flanagan was well,-" and I think he asked me " if I heard anything concerning Mr. Patrick Eowe's health." 346 Q. Was that all that was said ? A. About all I can remember. Q. Did he ask you where Sir. Flanagan was ? A. Think he did ; told him he was out, and I was expecting him every minute. Q. Did you tell him who had gone out with him ? A. I think I did. Q. You told him you expected Mr. Rowo and Mr, Flanagan back, did you not ? A. I told him I didn't know whether they would or not ; might come in any minute, Q. Did Mr. Duffy tell you what hia business was ; what he wanted ? A. I think be did not. Q. When you left the office to go home, you left Mr. Duffy at the ofiftce ? A. Yes. Q. How long had he been waiting there before you went away ? A. He had been in a little while before, and had gone off and returned, and when he returned I left him there. Q. When he went out, did he say where he was going, * and what for ? A. Don't remember ; he asked me if I would see that his carpet-bag was kept safe until he returned. Q. Did he leave any message with you to give Mr. Flanagan or Eowe, in the event of their coming in be- fore he returned ? A. Don't remember. Q. What time did you usually leave your father's house in the morning to go to the city ? A. About half-past six in the morning, during the summer time. Q. Who attended to closiog Messrs. Gillen & Flana- gan's office nights and opening it in the morning ? A. I generally locked the door at night when I went away, and unlocked it in the morning when I came. Q. Next morning, when you saw Father Duffy, Mr. Flanagan, and Mr. Eowe at the office, did you learn from them what hotel they had staid at the preceding night ? 318 gpESTIM'^J^Y OF ANDREW G. CROPSET. A. I think Mr. Bowe told me, but do not remember ■which one it was. 347 Q. Do you know where the Park Hotel was at that time ; if so, where was it ,? A. Think it was on the southeast corner of Beekman street and Nassau. Q. "Wasn't it on the northeast corner Beekman and Nassau .? A. Think not. Q. It was on the east side of Nassau and on the north side of Beekman, wasn't it ? A. Think it was ; no ; think Nassau street runs east and west, and Beekman street north and south ; the hotel is in the same place now as it was then. Q. Did they say they had been at that hotel the night before ? A. Don't remember. Q. What time did the mass take place at St. Andrew's .'' A. I think, am c[uite sure, it was at nine o'clock (some- where thereabouts) in the morning of the second day of * Mr. Bowe's being in the city, Q. Were you at the mass ? A. No. Q. Did you remain in the office all that day ; if not, where were you ? A. Could not exactly recollect, but I think I remained in the office. Q. Did Mr. Flanagan return to the office after the mass was over ? A. Yes. Q. What time did he get back ? A. Might have been about twelve o'clock, little earlier or later ; don't remember the exact time. Q. Did he (Mr. Flanagan) remain at the office the re- mainder of the day ; if not, where did he go after return- ing from the mass ? A. He did not ; think he went to Calvary Cemetery, or somewhere in that neighborhood. Q. What time did he leave the office after his return from mass ? A. I think about one o'clock in the afternoon ; might have been a little later. Q. Did you see anything of Father Duffy that day after the mass ; if so, where ? A. I think I did ; think he went with Mr. Flanagan. Q. Did he come back to the office from the mass in 243 company with Mr. Flanagan ? ■ A. He came back to the office, but I don't remember whether he came with Mr. Flanagan or not ; might have come alone, TESTIMONY OF ANDREW G. CROPSET. 319 Q. He started away with Mr. Flanagan when he started for Calvary Cemetery, did he not ? A. Think he did. Q. Did you see anything of Patrick Eowe that day after the mass was over ; if so, when and where ? A. Yes ; think I did, at Mr. Flanagan's office ; think shortly before Mr. Flanagan went with, the Kev. W. E. Duffy to the cemetery. Q. Did he come to the office after the mass was over in company with Mr. Flanagan "? A. I don't remember. Q. Do you remember who, if anybody, did come to the - office with him after the mass was over ? A. Don't distinctly remember ; think a gentleman named Mr. Kearney was there ; not positive. Q. Did not Mr. Kearney come there in company with Patrick Eowe ? A. Don't remember. » Q. Did Mr. Eowe go with Mr. Flanagan and Mr. Duffy when they started for the cemetery ? A. Yes. Q. After that on that day, did you see anything of Patrick Eowe, or Mr. Flanagan, or Father Duffy ? A. Don't remember of seeing any of them again that day. Q. Did you see Patrick Eowe the next day j if so, when a,nd where .'' A. Yes ; I think I did ; seen him at Flanagan's office the next morning. Q. About what time in the morning ^ A. Somewhere about eight ; may have been later. Q. Who was there with him at that time ? A. I think Mr. Flanagan and Mr. Duffy. Q. What were they doing at that time ? A. I don't exactly remember. Q. How long did Mr. Eowe remain there ? A. Until about the middle of the afternoon, 1 think ; he was in and out ; would take a walk and come in ; don't exactly remember how late in the day I seen him there ; it might have been three or four o'clock ; don't know. Q. How late in the day did you see Father Duffy 349 there ? A. Don't exactly remember ; may have gone away about same time. Q. Did you see Patrick Eowe sign any papers there that day ? A. Don't remember ; I had to go out at different times. Q. On the next day after that, did you see Patrick Eowe ; if so, when and where ? 320- TESflMONir 01* ANDREW G. CKOPSET. A. I don't remember. Q. Did you see Father Duffy next day ? A. Don't remember. Q. You never saw Patrick Rowe drink any intoxicating drink in your life, did you ? A. No, sir. Q. Did you ever see any signs or appearances about; him of his having used intoxicating drinks ? A. Don't remember of having seen him in that con- dition. Q. I wisb you would tell me now what clerks were in the employ of Gillen & Flanagan, in November, 1866 ? A. Myself and a man named Henry McCloskey; th9,t's all. Q. How long had McCloskey been there ? A. I think from spring, 1866, or February in th^t year. Q. Howl- old a person was he ? A. Took him to be about forty- j&ve years old. Q. What duties did he attend to in the ofiice ? A. Generally copied papers and attended to the ofi&ce, when Gillen, Flanagan, and I was out. Q. He had seen Patrick Rowe when he was abojit the office, had he not ? A. YeS'— must have seen him. Q. He and Mr. Rowe sometimes talked together when Mr. Rowe was at the office waiting ? A. I don't know ; as I said before, he was very friendly and would converse with most any person who acted; friendly towards him, Q. Can you tell where you Were on the 16th of Noyepi- ber, 1866 ? _ _ A. I cannot distinctly remember ; but I think I was in New York at the office of Gillen & Flanagan ; yes^at- tending to the business there. ' 350 Q. Was your attention called to that day before you were sworn in this cause, and were you asked to recol-* lect what you had been doing and where you had been ^ on that 16th of November, 1866. A. No, sir. Q. How do you fix the date of yoUr coming out to to Morristowa in 1867 as being the 22d day of July j what do you rely on as to being accurate as to the date." A, I think it was on a Monday ; the reason, that ihe Sunday before it was a very warm day, and on that Siinf day I wore a black alpaca duster or coat, and it being Very warm on the next Monday, the day I came out here, I wore the same coat ; and when Mr. FlanagaiJ told me I had to come out here, I said I would like ■tESTlMONY OF ANftfiEW G. CHOPSEY. $21 to have known before, so that I could have worn another coat, because I thought that was too thin to come out here in the night time ; that is the only way I can re- member it was on a Monday. Q. To ascertain the date have you consulted any memorandum ; if so, what ? A. The calendar shows, 1 think, that Monday was the * 22d ; the day afterwards, which I think was the 23d, Mr. Flanagan had a case to try in court, which pre- vented him going out there that night. Q. How long is it since you examined that calendar ? A. I examined it at that time, and I think I have seen it since. Q. When did you last see it ? A. The calendar which I first examined I may have seen since ; can't exactly remember what time I seen it. Q. Can you remember to have seen it since ? A. Don't remember of having seen it since ; think it hung up in Mr. Flanagan's office ; never had occasion to look at it except by picking it up and putting it out rf the way. Q. You can't now remember the cases set down for the day, nor the court for which they were ? , A. Don't remember. ^v Direct resumed : Q. Do b lanagan & Q-ross Occupy the same rooms that 351 Gillen & Flanagan did ? A. Flanagan & Gross now occupy five offices in the third floor front building, of 80 Nassau- street ; the offices are all in tlie front part of that building ; Gillen & Flanagan's office fras in the same building, in the same floor, but in back part of building. Q. Were there two buildings on the lot ? A. Yes. Q. Yon spoke of one large roonil in Gillen & Flana- gan's offices ; did Gillen & Flanagan have private offi- ces fenced ofl from that ? A. Yes ; partitioned off-^board partition j the disor of each one of the private offices had a glass window in it; Q. You spoke of following clients into the private office : when you did that, would Mr. Gillen or Flana- gan, as the case might -be, be in or out ? * A. 1 would never do so, except when they were out. Q. When did Mr. Flanagan move from the rear offices to the front offices ? A. About the 1st of May, 186^. - » Q Had be ])revionsly di-solvi'd wllli Mr. Gillen ? A. Al):(nt ll.at time. Q Tht-n, at any lime during your clerkship in New 41 322 -TESTIMONY OF AXpREtV G. CEOJPSEt. .Yol'k y/hh Mr. Flanagan, -you were not in Ihe liabit of oceuljying the suno office wiHa the lawyers, were you ? ■ A. 'No. . ' ■ Q. Can you draw tlie ordinary papers on a suit in a ' promissory note or book account ? ■ A. Yes ; according to the laws of New York. Q. Are you in the habit of doing so ? A. Yes. ' .' Q. Can you draw deeds and mortgages, leases, &o. ■ A. Yes. I- Q. Are you in the habit of doing so ? A. Yes. ■ ' Q. You do not pretend to try causes or give advice as a lawyer do you ? .. A. No. Q. How did you or do you knjw that Mr. R lymond 352 had the Elm street property for sale .'' ; A. By his calling in the office to see Mr. Rowe ab.)ut it ; I didn't know, but supposed he had it for sale ; I think somebody told me he had it for sale. Q. (Exhibit B., shown witness ) he is asked): In whose handwriting is the prinoipal part of that agreement ? A. That is in Henry McClosky's. Q. Do you know whose handwriting the third page is ? A. Am not positive ; think Mr. Hall.wrote it ; he was the attorney of Mr. Smith, or acted for the attorneys of ■ '" Mi-; Smith, who, I think, were Martin & Smith. ■ Q. In whose handwriting is that agreement of exten- .' A. Think it Is Mr. Flanagau!*-.- A. When Father Duffy cams into the office, with hjs fraveliiig-bag and duster, in the absenaa of Rowe and Flanagan, did he say where he had been or come from ? A. I think (am not positive) he said, he had just come in from the country to tlie city ; I think he said Connec- ticut. » ■ Q. Did his appearance indicate, so far as you can rj- colleet, whether or not he had been traveling ? (Objected to, as leading.) _A. Think he did look as if he had been traveling; think his clothes and boots were quite dusty; it was very wa;rm weather. Adjourned until half-past 2, P. M. 2i O'CLOCK, P. M. Case resumed : Andrew Gr. Or,0?s ;y, resallel on redirect-cxrimina-- tioh : Q, If you liave any naemoranlaby \th'eh you cxngivo TESTIMOHy OF ■A^fDKEW ■•&: BUOPSEY. 323 the professional engagements of Mr. Flanagan on the 23d (lay of July, please do so ? (Objection is made to witness being 8ha\\:n l)ook- now put in his hands, because it has not been" , , _ provefl that it is a proper memorandum for him to be shown, or used by him.) A. By this book, which was usjed by Mr. Flanagan, as" his diary in 1867, on the 22d of July, 1867, there ap- pears to be two cases for trial, and on the 23d there is two. 353 On the 22d, the cases which were on for trial were McFarlane vs., Bamburger, and O'Connor vs. Connelly in another case a com^daint was to be served ; tha case was Cassidy vs. Cohen, and on the 23d tliere appears, to be two cases on for tjial ; the one -first noted is, McFarland vs. Bainburger, at 11 o'clock, and the one next noted is Geoghegan vs. Froman, at 10 o'clock ; on the 24th nothing is noted. Q. What is that book ? A. It is a Lawyer's Diary, and it was kept in Mr." Flanagan's oifice. Q. When did you first see it ? A. I think it came out 20th January, 1867 ; it was behind time ; wasn't printed. Offered in evidence, marked " Exhibit R." (Objection is made to the books being ofFei'ed ,) in evidence as an exhibit.) — — - Q. Where is Henry McCloskey now ? j A. He is somewhere in New York City ; I think he is ' out of employment. Q. You spoke of a gentleman by the name of Kearney * being in Flanagan's office : what Kearney ? A. A gentleman who is now Mr. Flanagan's father-in- law. Mr. Wm. E. Robinson was Assessor of a Congressional District, \7as he .^ ,■.,; A. Yes, sir. Q. How many Assistants did he have ? 1 A. I think thirteen. Q. Did each Assistant have a division ? A. Yes. Q. Mr. Flanagan was one of tliosc ? A. Yes. Q. Did you hear anytbing of a man by the name of Tate claiming any commissions for assisting about, the sale of the Elm stioet property. A. Yes. Q. Did he claim to have been the efficient cause of raising the price ? (Objected to, as leading.) 324 TESTIMONY OF ANDREW G. CBOr^EY, . A. Yes. Q. Was any question made at the time,, as to who had first informed Mr. Kowe that he could get more than Raymond's price, or had stopped him . from selling at 354 liaymond's price ? A. Yes, sir ; Mr. Tate claimed that he had gone to see Mr. Rowe, and told him not to sell at Raymond's price ; that he could get' more money for the property, and that lie was the cause of the increase, or thought he was the cause of the increase." Q. Did anybody else claim to have done what Mr. Tate claimed he had done ? A. Yes ; I told Mr. Tate I had seen Mr. Rowe before he had, and I think I told him what I had said to Mr.- Rowe. Q. Did Mr. Tate press his claim ; was he in earnest about it — make much fuss about it ? A. Yes ; he did press his claim — seemed very much in earnest about it ; wanted something like three hundred and fifty dollars for his so-called services. Q. Did he get anything, so far as you know "> A. Not that I know of ; don't remember. Gross-examination resumed : * ' Q. You mentioned another clerk besides McCloskey in the employment of Gillen & Flanagan : be good enough to repeat his name, and tell, about, when he went into their service, and when he quit ? K. His name was James O'Malley ; think he came there in December, 1866, and left sometime in, June, 1867 ; think it probably about the 1st of June, 1867. Q. Do you know where he is now ? „ A. I think he is in New Haven ; am not sure ; it is a long while since I have seen him. Q_. Who is this Mr. Tate you speak of— what is his Christian name, and where is he now ? A. His name is Isaac E. Tate ; I think he is now a real estate broker ; in 1866 he kept in Broadway; I don't know where he keeps now Q. Whereabouts in Broadway was his office in 1867 ? A. Am not quite sure ; think 571 Broadway. Q. Whereabouts did Tate have this talk about this claim you have mentioned, and with whom was it ? 355 A. It was in Gillen & Flanagan's office. Q. Just tell us how that talk began ? A. I can't distinctly remember, but I think Mr. Tate said to Mr. Flanagan that he ought to have one p(!r cent ; I think he made it |350 ; am not sure. Q. One per cent, for what ? A. I think on the whole amount of the sale ; commis^ Mous, as he said, for selling the property ; think he said TESTIMONY OF ANDllEW 0., CliOPSEy, 326 Mr. Rowe oughtn't to give Raymoiid anything; that's all I recoUoct. Q. What did Mr. Flanagan s:iy to tliat claim .' A. Think he told Mr. Tate he'was not entitled to it. Q. Did he say why ; it' so, state what reasons ? A. Don't knoWj exactly ; think he said he didn't sell the property. Q. How did you come to participate in the same cOii- veisation with Mr. Tate ? (Ohjected to, Lecause he hasn't said he did.) A. 1 don't remember how it happened. Q. Jujt tell us all you said to Mr. Tate on that sub- * ject. ? A. I think all I said to Mr. Tate was that I had seen Mr. Rowe before lie had, and I think I told him that I told Mr. Rowe about Mr. Raymond, and that's all. Q. What did you mean by saying that you had seen Mr. Rowe before he had ? A. I meant that on the day Mr. Rowe came to the o3ice when Mr. Flanagan was down in Piae street, that was the time I told Mr. Rowe. Q. Did you get any commissions or compensation in relation to the sale ? A. No, sir ; not a penny. Q. Did you claim or ask for any ? A. No, sir. Q. Did Mr. Raymond get any ? A. I think he did. Q. How much ? A. Don't remember. Q. Who paid him ? A. Don't remember. Q. Did Gillen and Flanagan, or either of them, get anything for making that sale, or assisting in it ? A. I don't know as they got anything for making tlie 356 sale, but I think they got their regular fees for their at- tendance and drawing the papers, and so on. Q. How much was that ? A. Don't know, sir. Q. Didn't Mr. Flanagan claim and keep two thousand dollars tor making that sale .' A. I don't know as he did. Q. Were you there when that sale of the real estate was settle.l up, and the commissions and charges ad- jus ed ? A. I might have been, but don't remember. Q. Was Father Duffy there when Mr. Tate was claim- ing these commissions ? A. I don't remember of seeing him there. Q. Were you there when the purchasers got the deed fo;- ths Ehn street property and paid for it ? 326 TEsTiMONy OF A^'pBKW G, cRorsEY. A. Don't remeuiLer. Q. In Exliibit S, under dates of July 22d and 23d, in whose handwriting is what is there written ? A. Part in my writing;, part Mr. Flanagan's ; July 22(1, 1867, the case McFarlane vs. Bamburger is my * writing ; the case of O'Connor vs. Connelly, and Cas- sidy vs. Cohen, are in Mr. Flanagan's handwriling ; on July 23 the case of McFarlane vs. Bamburger is in my handwriting, and the case of Geoghegan vs. Froman is in Flanagan's handwriting. Q. When did you write that which is in your hand- wi-iting ? A. 1 can't tell now ; the 22d might have been written by me a few days before ; but the entry on the 23d must have been made by me about the middle of the day ; the 22d tlie cause might have stood over after it was com- menced. Q. Were these cases to be tried in Court in these days? A. 1 can't distinc'ly remember, but I think some of them were. 357 Q. To be tried by Juiy, I su])pose ? A. I can't tell ; Jury causes and non-Jury causes, all on the same calendar tlie same day. Q. They were cases on the Court calendar, I suppose ? Q. How is it that the case of McFarlane vs.Bamburger, on the 22d of Julj', was in the New York Common Pleas, and on the 23d was in the United States District Court — what does tkat mean ? (Objected to, as a bold attempt to mislead the witness.) A. The notes in print in the memorandum fur 22d of July, mean the last day of serving notices of trial in the Court of Common Pleas, in issues of law ; the printed memoranda on the top of the place of the 23d of July, show when the term of the United States District Court commences ; whenever cases are entered on the Diary, the names of tlie Courts in which they M'ere are not set down. Q In whicli Court was this case of McFarlane vs. Banbugcr pending ? A. As I said before, I can't distinctly remember. Q. What length of notice of trial do you give of your cases in New York ? A. About fourteen days. Q. Wasn't the notice of trial in this case of McFarlane ■■• vs. Bamburger served on 22d of July ? A. I think not ; that day (the 22d of July, 1867,) was the last day (it appears to be tlie last day) for serv- ing notices of trial ; and if the case had been noticed for- trial, it would not have b3en set down on the memoranda tor the next day. TEStniOXY OF ANDREW O. CROPSEY. 327 Direcl-exaudnation resumed : Q. Can you tell whether it was in a Justice's Court or Marine Court, or in one of the Superior Courts ? A. Can't distinctly remember ; it- must have been in one of the District Courts, or the Marine Court. Q. Look under the head of the 24th of June, 1867, and see if that will give you any clue ? A. Yes, sir ; it must have been in the Marine Court ; it says, file security, 10 A. M. ; that shows that the case must have been commenced in the Marine Court, and that Mr. McFarlane must have been a non-resident. 358 Gross-examination : Q. What is there in that entry on ihe 24th of June, shows that the case of McFarlane vs. Bamburger was in the Marine Court.^ A. Because when cases are commenced in the Marine Court, and th.' plaintiif is a non-resident (out of the city of New York), he must commence his action by a short summons, which is issued by the Clerk of the Court, returnable in not less than two and not more than four days ; and the plaintiif has to file a bond or undertaking as security for any costs which the defend- ant might recover against him, in case the trial went in fovor of the defendant ; that's the only reason T can Q. Is it only in cases pending in the Marine Court that security for costs is required from non-resident plaintiifs ? A. It must have been in this case ; for I believe Mr. McFarlane has a place of business in the city of New York, and the only other courts which require a plaintiff to file security for costs at the commencement of the ac- tion, when he is a non-rcsldent, are the District Courts «• of the city of New York : and if this case was com- menced in one of these District Courts, no security for costs, on part of plaintiff, would be required, because when a man has a place of business in the city of New York, the District Courts deem him a resident, and no security for costs required. Q. Please answer the question ? A. The District Courts of the city of New York. Q. Are they the only ones, beside the Marine Courts, that require security for costs from non-residents ? A. They are the only courts, except the Marine Court, that require non-resident plaintiffs to file security for : costs at the commencement of the action. Q. When was this case, McFarlane vs. Bamburger, commenced ? A. Can't exactly ren]9mber ; must have been some- where about tlie 24t]i of June, 1867. 328 TESTIMONY OF PATRICK C. LEACH. Q. Why? ■; A. Because security for costs have to be filed at the commencement of the action, and Mr/ McFailane having 3 59 a place of business in the City of N6w York, was deemed a resident by the District Courts. ANDREW a. CROPSEY. Swoin before me, Jan- ary 13th, 18(i7. Jos. W, Ballentink, Surrogate. Note. — While this witnoss was being examined his evidence was suspended by consent, for the purpose of examining Patiick C. Leach, a witness on part of execu- tors, for the convenience of said Patrick C. Leach, whose evidence follows this on page 360. J. W. Ballektine, Surrogate. Adjourned until 8 o'clock, P.M. 360 Patrick C. Leach, a witness called on part of executol-s, sworn : Examined by Mr. Pitney : Q. Where do you live ? A. Brooklyn, New York. Q. Your age ? A. Twenty-eight years. Q. Your occupation ? A. Merchant. Q. Are you acquainted with Rer. William E. Duffy, now sitting at the table ? A. Yes. Q. Do you recollect at any time of attending the funeral of the child of a Mr. Dougherty, residing in Brooklyn ? j^ A. Yes, sir. Q. Do you recollect about the date ? A. 23d July, 1867. Q. At that time, where was your place oi business ? A. 223 Greenwich street, New York. Q. How did you go to that funeral, in whose comjmny, and what time did you start ? A. I went in company with Mr. Flanagan and Mr. Rowe ; started about two o'clock ; we walked to Mr. Dougherty's house. Q. Were you at Mr. Flanagan's office before going; and, if so, who did you see there ? A Mr. Flanagan and Mr. Rowe, and one or two of his clerks, one of whom is present now ; I mean Andrew Cropse)^. Q. How long were you iu company with Mr. Flanagan and Mr. Rowe, in Brooklyn, tiuit day ? Testimony of Patrick o. leach. 329 A. We went to the house of Mr. Dougherty ; stopped ;here some time ; I did not go in a carriage with Mr. Flanagan and Eowe ; they went part of the way out to the cemetery and returned; I went out all the way; that's the last I saw of them. Q. Was Mr. Duffy at the office of Mr. Flanagan, or in their company, that day ? A. Not to my knowledge. Cross-examined by Mr. Vanatta : Q. Where is your place of business now ? A. 223 Greenwich street, New York. Q. What was this Mr. Dougherty's Christian name ? A. Charles. Q. Whereabouts in Brooklyn did he then reside, and about what distance was it from Flanagan's office ? A. 16 Hanson place he resided ; taking the whole 361/, distance acioss the ferry, I should say about a luile. u Q. At what hour of the day was the funeiMl ceremo- nies to take place at Mr. Dougherty's ? A. Advertisement was three o'clock ; did not start at the time ; started nearer to four o'clock ; can't tell exact time. Q. Just state where the interment wa.s, and how far it was from Mr. Dougherty's residence ? A. It was in Flatbush Cemetery ; can't tell the dis- tance ; it might have been two miles, three miles, three and a half ; might be more ; never heard the distance. Q. How did Mr. Flanagan and Mr. Rowe go from Mr. Flanagan's office to Mr. Dougherty's house ? A. On foot ; Mr. Rowe went all the way on foot to the house, and Mr. Flanagan engaged a carriage. Q. Where did Mr. Flanagan separate from you and Rowe ? A. Five or six blocks from Dougherty's house, in Brooklyn. Q. How far on the way to the cemetery did Flanagan and Rowe go .'' A. Distance I should call about half a mile, on Pros-* pect Park Hill. Q. And were they before or behind you in the funeral procession ? A. Two carriages behind. Q. Their turning back you ascertained by somebody's telling you of it, and not by seeing it yourself? A. T^hcy attracted my attention on their departure. Q. In what way or by what circumstance ? A. By Mr. Flanagan's hanrl out of the carriage at- trac'.ed my attention. Q. Were you acquainted with the Rev. Wm. E. Duffy 42 330- ' TESTliMONY OF PATRICK C. lIeACH. before tliat funeral ; and if so, how long before did you became acquainted with him ? A. I was not acquainted with Mr. Duffy at the time. Q. When and where did you make his acquaintance first.? A. Mr. Flanagan's office, a month or so afterwards ; perhaps two months ; have no date ; sometime that iall, 1867. j Q, How do yon know, then, that funeral occui-red on the 23d day of July. A. It had been advertised, and notice was in the papers. 362 Q- Have you seen any of these notices since the day ot the funeral ; if so, in what newspaper ? A. I have not. Q. In what newspaper was the funeral advertised ? A. Brooldyn Eagle ; night previous to the funeral ; that was the night I saw it. Q. Plave yoii any other meaiis of fixing the date of that funeral, except the advertisement in the newspapers.'' A. No other means ; but I thought that was the <• date ; I have got other authority that that was the date. Q. Just state what the other authority is ? A. Mr. Dougherty. Q. What did he tell you ? A. Had several conversations aboilt the death of his child — about the date of it ; not in the last four, five or six months ; he is a gentleman I met very often. Q. What was the name of Mr. Dougherty's child who was buried on that occasion ? A. His name was Philip ; had two names, I don't re- member the other ; he was a child ; don't remember the age? » Q. Give us the best idea you can of the age ? A. Call it between three and seven ; it was inside of that. Q. Was Patrick Rowe in any way related to that Mr. Dougherty ? A. Not to my knowledge. Q. Do you know whether thev had been on friendly terms of acquaintance ? A. No, sir, Q. Do you know whether he had any acanaintance with Mr. Dougherty prior to that funeral ? ""' 71 • ■'^°°'* ^^^^'^'^ ''^s lie had any acquaintance. JJirect resumed ; Did you observe anything unusual in the fippearaiice ot. Mr. l.owe that day ; was he sick, or drunk, or aily^ tiling of that kind ? > > : A. No, sir; I was introduced to Mr, Rowe in Mr. TJ5STIM0NT OF GHAKLES M. IIA-LL. r ,3^31 Flanagan's office tliat day, as a gentleman from Morris- town ; he was perfectly sober as far as 1 seen anything of him. ' ,, ; Q. Did you see him drink anything ? A. Don't remember. Q. What is yonr business .^ 363 A. Glass ware. Q. Did yoir inquire of any of your customers, or your probable customers, in this neighborhood, of Mr. Rowe ? A. I believe I have mentioned to one party about Mr. Rowe, that I was acquainted with him; did not in- quire of him. Q. Did Mr. Rowe and Mi-. Flanagan meet any other acquaintances at the funeral besides yon ? A. Yes ; met other acquaintances. Q. Did Mr. Rowe seem to know anybody there ? A. There was one young man, a Mr. Leavy, that, he seemed to know; I don't know whether he got acquainted with him that daj', or knew him before. Q. How long have you known Mr. Flanagan ? A. Five or six years. Q. And Mr Dougherty ? ■ ."; ,' A. About twelve. '< Q. Do you knnv why Mr. Flanagan attended the iu- neral ? A. Mr. Dougherty was a friend of his ; was acquaint- ed some time ; Dougherty's business was commission business, broker, &o., at 109 Wall street, * ,^ Cross-examination KsnraQd : /- - Q. The tirst and last day you saw Patrick Rowe was on the day of that funeral, was it not ? A. Yes, sir. P. 0. LEACH. Sworn bafore me, ) January 14, 1869. Jos, W, Ballektine, Sicrro'jale. 8i CLOCK, p. M. 364 Case resumed. Present — Pitney, Proctor for Executors, Vanatta, Proctor for Caveators and parties. Charles M. Hall, a witness called on part of B-xecutors, sworn : •; Examined by hi. C. Pjtney : Q. Where do you live, and what is your age ? A. Age forty-,seven ; New York City. Q. What is your occupation ? A. Lawyer ; I was admitted to the Bar in the year, J846 ; livitd in New York City since the year 1853 | 332 TESTIMONY OF CHAELES M. HALL. from the year 1855 down to the present time I have been in the employ of a firm of lawyers by the name of Martin & Smith. Q. Were you acquainted at any time with one Patrick Kowe, said to be the owner of property at 54 and 56 Elm street, New York ; if so, please state when and where, and how you became aei^uainted with him ; your busi- ness transactions with him, if any ? A. I was acquainted with Patrick Kowe referred to by • you who owned real estate at the southwest corner of Catharine lane and Elm street, New York. I do not know that real estate by the numbers ; don't think I knew what the street numbers were; I first saw Mr. Kowe in his liquor store in the building on that corner ; that was on the evening of the 25th of October, 1866 ; Mr. Chailes S. Smith of New York was with me at the same place and time ; Mr. Smith and I went there to see Mr. Kowe in regard to a proposed contract between them for the sale by Mr. Kowe to Mr. Smith of that real estate ; Mr. Kaymond, a broker, and Mr. John Flana- gan, were also present ; a negotiation had been pre- viously had, as I undei'stand, between Mr. Kowe and Mr. Smith in regard to this sale ; he went there that night to see Mr. Kowe in regard to it, and to complete the arrangements. The principal diiSculty in consummating the arrange- ment was, as to the time when Mr. Kowe would give Mr. Smith possession ; Mr. Smith wanted to obtain possession before Mr. Kowe was willing to give it ; they finally agreed upon that point, according to my recollec- tion, and an arrangement was made to meet next day to 365 sign the contract ; the next day Mr. Kowe, Mr. Smith, and myself, and I think Mr. Flanagan, met at the office of Mr. Van Ogden in Greenwich stieet. New York ; a contract was there signed between Mr. Smith and an- other party in regard to the Bonn property adjoining this ; and there it was arranged that Mr. Kowe and Mr. Charles S. Smith should go up to the ofiice of Martin & Smith, and have the coutiac' with Mr. Kowe signed there. We met there in the afternoon at Messrs. Martin & Smith's office ; Mr. Flanagan and his partner, Mr. Gil- len, were also theie ; a contract was brought there which had been prepared, as I understood, by Flanagan & Gil- len ; I made some objection to the contract, and the lat- ter part of that contract, as drawn, was torn off, and in place of it I drafted other provisions instead of the part torn off ; I gave the papers so drafted to John Uuer, an assistant in Martin & Smith's office, and asked him to copy it, to annex to the first two "pages of the contract s.a, • TESTIMONY OF CHARLES M. HALL. 333 already drawn by Flanagan & Gillon ; Mr. Duer copied that draft and annexed it at the end of the previous part ; I also asked Mr. Duer to draw a cerlificate of acknow- * ledgment on the back of the contract, as so altered ; he did so ; I then drew a receii)t for Mr. Rowe to sign on Ihe back of the contract for the money then to be \yd\d, , five thousand dollars. Mr. Rowe and Charles S. Smith then signed the con- tract in my presence ; I signed it as subscribing witness ; Mr. Rowe also signed the receipt foi- the five thousand dollars written (Ui the back of the contract in my presence. Mr. Rowe and Mr. Smith then both acknowledged the execution of the contract before me as notary publie, and I signed the certificate of acknowledgment at that time, being tlie certificate written by Mr. Duer, of which I have spoken. This paper I have in my hand, and is the contract so signed by them (Paper marked Exhibit T), the date at the beginning; the words "twenty-sixth" in the first line, were written by Mr. Duer at that time on that day. Q. (Exhibit B shown witness): Say whether this paper is the counterpart of that contract ? A. Yes ; it is a duplicate of the one spoken of by me, and was executed at the same time on the same day. 366 Q. Please state briefly what you know about the exe- cution of the deed and the payment of the money in pur- suance of these contracts ? A. [ was present when Mi-. Rowe executed the deed for the property and received the money in pursuance of the contract ; that day was the 7th of D(;cembfr, 1866, at the office of Flanagan & Gillen, New York. Q. Did you take any means to be satisfied as to the pedigree of Edward Rowe and the solvency of the estate ? A. I did, and told Messrs. Flanagan & Gillen I wanted an affidavit from Mr. Rowe stating such facts ; that he was the sole heir-at-law, and sole owner of the property ; they furnished me with, such affidavits sworn to by Mr. Rowe ; I also required them to satisfy me what were the amount of debts of Edward Rowe, deceased, then unpaid, and they furnished me with an affidavit showing me the amount of debts ; these are the affidavits, one as to the I)edigree, the other as to the debts of Edward RoAve. (Papers marked Exhibits U, V.) * Q. State when the deed was delivered, whether the parties to whom Edward Rowe owed debts, were present and received their money ? A. AVhen the deed was delivered, the balance of the purchase money was paid by Mr. Smith to Mr. Rowe, and at that time there was one or more persons present whom Edward Rowe owed, and whom I then understood, were 334 TKSJTIMONy OF CHARLES M. HALt. -to receive the money due thein put of the ,inoney;JtIi'. Smith paid, Mr. Duffy being one of them ; the otlairs I don't know. Q. On the evening of tlio 25th of October did you understand whetlier or not Mr. Flanagan, Mr. Roweand Mr. Smith had had i:)revious meetings on that day ? . (Objected to.) .y A. 1 understood tliat Mr. Rowe, Mr. Smith and Mr. Flanagan had previously met on that day in regard to it ; whether they were all lliree present I do not know, but there h;id been meetings in regard to that subject. Q. In the different interviews which you had with Pat- rick Rowe, wliat did you observe as to his mental and 3g7physic;il condition and judgment, &e. A. He appeared to be in perfect good health and very intelligent ; in regard to the matter for this contract, appeared to understand the matter jieifectly. Q. Did he seem to be a man capable of looking out for himself ? A. I think he was ; appearetl to be very careful and sharp in regard to the matter ; appeared to act as in- telligently in regard to the business as any man could. ^ Q. On any of the occasions when you" met him did he show any signs of intoxication to any degree ? A, He did not. Q. Did you suspect him of being a drinking man .' A. He did not have the ai>pearauce in any degreee of evor having drank any liquor ; in all this business I acted as counsel for Mr. Smith ; the deed, however, wlien it was taken was taken in the name of George 0. Richardson ; the contract had been assigned to him, for whom I also acted as counsel, j, Q. In all that transaction, Mr. Hall, what did you observe of the taithfulness ancl capacity of Messrs. Grillen • & Flanagan in what they did in behalf of Mr. Rowe .^ (Objected to.) ^ A. I had many interviews with Messrs. Gillui & Flanagan in regard to the matter before it was closed, find they each appeared to attend to the matter in behalt ofi^lr. Rowe wi;h entire faithfulness and honesty, and Willi entire capacity and judgment and skill as lawyers ; I saw nothing to tlie contrary. Cross-examined by Mi'. Vanatta : Q. Where have you been practicing law since 1846 ? ^ A. I commenced jiracticing law in the year 1847, at Chatham Four Oorners, New York State, and prac- ticed in that place until December, 1850; I then re- moved to New York Oitv. Q. How long liave you been in the emp'ov of Miirti:i & Smith ? " TESTIMOXY OF CHARLKS M. HALL. 335 A. Since October, 1855. Q. Wliat departinerit of the business do you attend to? A. Nearly all branches. Q. When did yon first make the acquaintance of Pat- 368 rick Rowe ? A. I first saw biin on the evening of the 25th of Oc- tober, 18C6. Q. What time in the evenin;^ ? A. I should think in the neighborhojJ of hilf-pist seven — -after dark. Q. What day of the week was that ,^ A. I cannot remember. Q. How do you fix the interview on tlie 25t]i ; by what date .^ A. I fix it by reference to tlie date of the contract of which I liave spoken, the date and the acknowledgment to it, and also by the date of another contract which was executed on the same day as that contract ; this contract I have in my h ind ; also by the dxte of the acknowledgment. Q. Was Patrick Rowe a party to tliat otlier contract r* A. He was not ; and my recollection is that the inter- view with Mr. Eowe was the evening previous to the date of these contracts. Q. This agreement, marked '-Exhibit T," was originally drawn sometime prior to its execution, was it not ?* A. It was drawn jirior to its execution — the third * page of it on the same day of its execution. Q. Of course, we know it was drawn prior to its exe- cution : my question was whether it had not bien drawn some days prior to its execution ? A. I cannot say how long prior to the execution of this contract, the contract, as orginally prepared, was drawn ; I do not know when it was drawn. Q. Was not the execution of that contract delayed a considerable time after it was drawn, awaiting the ar- rival of Patrick Rowe in the city of New York ? A. I do not know when the contract was drawn, ex- cept as I have stated. Q. In whose handwriting is the word " Patrick ' where it first occurs in that agreement ? A. Mr. Duer's ; I do not know as the execution of the contract was delayed by the absence of Mr. Rowe ; I don't know anything about that. Q When did Mr. Duer write the word "Patrick" where it first occurs in the contract ? A. October 26th, 1866. Q. Why li:id the Christian name of Mr. RoWe been left 369 blank up to tliat time ? 336 TESTIMONY OF CHARLES M. HALL. (Objected to, ns it does not appear that wit- ness has any knowledge on that subject.) A. I do not know. Q. Who made the erasures appearing in this agree- ment, where the word "November" is erased, and the word " December" written in its place, and the word " third" erased, and the word "seven" written in its place — where and when was that done ? A. On the second page the word " seventh," erased, is in my handwriting ; and the word '■ third," interlined eve.' it, is in the writing of Mr. Duer ; on the same page the word " December," interlined, is in my handwriting ; the word " November," erased, on the same page, I don't know whose handwriting it is ; on the third page of the contract, the word "third," interlined, over the- word " seventh," erased, is in the handwriting of Mr. Duer ; and the word " December," on the same page, interlined, over the word " November," erased, is in the handwrit- ing of Mr. Duer. The word " third," on second pnge, spoken of, was •written on the 'Z6t\i of October, 1866, and the word " December," on the same page, spoken of, was written on the same day, at the office of Martin & Smith (both of them); and the words "third" and "December," on third page, were wx'itten on the same day, at the same office. Q. Now, sir, in point of fact, were not these erasures and alterations made on a day subsequent to the one on which the third page of this agreement. Exhibit T, was first written ; or, in other words, was not that third page of the agreement drawn, and then the alterations made, several days subsequently to the time when it was ori- ginally drawn ; and was not the alteration made in con- sequence of the time which had elapsed since it was originally drawn ? A. The alterations on the paper spoken of were made on the same day the third page of this contract was written. Q. Just tell us what part of that paper is in your handwriting ? A. The word " December," on second page, interlined, is in iny handwriting, and the signature, " C. M. Hall," to tlie witness clause, is in my handwriting ; and the word. 370" seventh," on second page, is in my handwriting ; that is all of my handwriting in the body of the agreement, Q. Is that receipt in your handwriting ? A. It is, except the last nine words of it. Q. In whose handwriting are they ? A. I do not know certainly ; I believe in Mr. Pinna* gun's or Mr, Gillen's ; won't be positive, however ; that Was added after I had written it, TESTIMONY OF CHARLES M. KJLLL. 337. Q. Any more of your handwriting after that receipt ? A. No more, excepting the name and words, " Chas. M. Hall, Notary Public," written after the words of the ac- knowledgment. Q. In whose handwriting is that unsigned agreement of extension ? A. I do not know. Q. What was the occasion of the extending of the time of that contract ? A. I cannot remember at i)resent what was the occa- sion of extending the contract ; I believe it was riotso done — I correct that : the extension written on that contract, I believe was not signed; but I perceive that there is a written extension to complete, signed by both parties, Smith & Kowe, to the duplicate ; I couldn't have told whether it was extended or not ; I think I can state now, upon reflection, the reason why it was ex^ tended ; won't be positive, but think I remember one of the reasons; my memory about it is, that Mr. Smith (Charles S.) wanted to have the contract extended — its completion ; my recollection is that he went to the office of Gillen & Flanagan and obtained the extension of the time to close ; and he informed me that he had had the extension written in the duplicate contract in the hands of Gillen & Flanagan ; it was some personal reason of his own why it was extended ; it was my impression it wag for his own convenience, on account of money mat- ters ; I do not remember any other reasons why it was extended. Q. Where is the Mr. John Duer, of whom you spoke? A. He resides on Staten Island — I can't remember the place ; he is still connected with Martin & Smith ; can't give the Christian name of that Mr. Raymond of whom you spoke ; think I never knew it. Q. Can you tell where his place of business is now ? A. Cannot — never knew. Q. With whom had Mr. Smith's negotiations been car- 371 ried on before that meeting of you and Mr. Rowe and Smith? A. I do not know of my own knowledge. Q. Did you see Patrick Rowe sign the deed which he delivered in fulfillment of the contract ? A. I did. Q. When and wliere did he do it ? .. A. At the office of Messrs. Flanagan & Gillen ; I be- lieve it was on the 7th of December, 1866. Q. I perceive that the deed is dated on the 17th of November, and the date of the cancellations on the stamp is dated on the 17th of November : can you tell how, that is, if the deed was signed on the 7th of December ? 43 358 TESTIMONY OF CHARLES M. HALL. 'A. I cannot tell why the stamjjs are canceled Novem- Ler 17th, but my memory about it is, that Mr. Kowe executed the deed on the day it was delirered ; I was present, and my recollection about it is, that it was then signed by, him ; I knew he signed those two afBdavits at the time ; there is a possibility that I may be mistaken » about his signing the deed at that time, but that is my memory about it ; I. cannot explain why the stamps are canceled at that date. (Exhibits W and X oifered in evidence on part of executors.) Q. When was it that you made the requisition to have these affidavits furnished you ? A. It was several weeks prior to the time when the deeds were delivered ; I cannot state the time certainly, but I called at the office ot Flanagan & Gillen several times to get them ; I wanted them before the closing af the title, but did not get them. Q. You did not ask for them on the day when the agreement was signed .'' A. I did not then know that I should require them. Q. Ho ,v many times, that is, on how many different days did you see Patrick Eowe altogether .? A. Three days ; that is my memory about it ; on three different days. Q. Will you now be good enough to give us a description ' of the man that was introduced to you as Patrick Eowe ? A. He was a man of rather stout build and of some- 372 what large face and head, and of somewhat striking features. ^'^- Q. About what height, age, and weight ? A. I am a poor judge of the height of a man ; I would say he was very nearly as tall as I am ; his weight, judg- ing from my own weight, I should say was one hundred and sixty-five ; am a poor judge of AVeight ; he was a man approaching to be corpulent, thick-set, stocky ; his age I should judge to be over fifty-eight and under seventy. Q. How was his hair ? A. I cannot remember about his hair or its color, Q. Did he wear or use spectacles "t A. I cannot remember. Q. Have any appearance of a man given to the use of intoxicating liquor ? A. I should say not ; I will add as to his appearance, to use a common .xpression, he looked like a man well preserved, strong and hearty. Q. Do you think the man you saw had just got out of doors within four or five days, from a violent attack of delirium tremens ? A. He did not have any such appearance, so far ^s \ * perceived .'' TESTIMONY OF CHARLES 51, BALL. 389 Q. Was the man you saw, sliort ot breath, dnd so aftected by the heart-disease that he could not endure aiiy excitement ? A. He did not appear to be so affected as far as I could judge. ^ Q. You say on the day the agreement was signed there ■was five thousand dollars paid : to whom was it delivered ? A.I cannot speak with entire positiveness, but my recollection is that ihe check was handed to Mr. Kowe ; won't he positive. Q. Was it paid by check ; and if so, whose check ? A. I think it was ; I think it was either Charles S. Smith's, or the check of his firm, George C. Kichardson & Co. ; they do business on the north side of Worth street, near Elm. Q. Do you know whether this check was payable to '- order or bearer ? A. I do not know ; think to order. Q. How much money was really paid for the property? A. The money stated in the' contract, thirty-eight thousand five hundred dollars. Q. Did Smith or Kichardson pay any commissions ? 373 A. I don't know ; I know there was a broker after me to see about them. Q. Who was that broker ? A. Mr. Raymond ; the broker had to have some agreement about commissions before the contract was signed ; I believe there was an agreement made with the broker and signed, about the commissions, then and there ; can't tell who signed it. Q. Was the Rev. Mr. Duffy at the ofiice of Gillen & Flanagan when the deed was delivered and the money paid ? A. He was present ; at least, I was introduced to a gentleman of that name, being the same gentleman pres- ent, sitting by the table. Q. Was thei'e any money paid him ; and, if so, how much ? A. I do not know, as I left as soon as the deed was delivered ; did not wait to see if the debts were paid ; understood they were to hi. Q. As you required an affidavit showing the amount of indebtedness of Edward Rowe, why did you not see to it that those debts were discharged out of the pur- • chase money ? A. I don't know that I can give any other reason than this : that Messrs. Gillen & Elanagan told me that this money paid for this property was to be used to pay those debts, or at least a part of it ; and Mr. Duffy being pres- ent f)r th? purposo of !-j:jivi:ij t!ie amount due lum, 3 340 TESTIMONY OF CHAELES lil. HALIi. and as tliey told me they -would be paid, I trusted to iheir integrity to do so. ■ Q. Where does this Mr. Martin Y. Bunn live ? A. He did live about that time in the Ninth Ward-, New-, York ; he is a jgracer or tea dealer m or iiear /"Jortliiindt street. Q. How was the ])aynnent made to him' on the day he rsigme^ the agreement P A. I think by check. Q. Did you have any interview with Mr. Flanagan about the sale of that property prior to your meeting with Mr. Rowe P , A. I believe not ; quite sure I did not ; I believe I saw Mr. Flanagan on the 25th of October, prior to the meeting in the evening with Mr. Rowe. 374 Q. Where did you see him on that day'? A. I believe I saw him in Worth street, west of Broadway, near the then place of business of Charles S. Smith. . ' Q. Did you have any conversation with him there P A. I did ; generally about the matter of this contraqt. Q. Did you ever see or know Edward Rowe in his life- time ? A. Not to my knowledge. Redirect-examination : ■ > - Q. (Being shown Exhibit Y, witness is asked) : Do yon recognize that ? A. I do, as being the likeness of Mr. Patrick Rowe ; any man tha,t had ever seen his face would know it again ; a most perfect resemblance of him ; he had a very striking face. Q. Have you any doubt but that the Rowe agree- ment (Exhibit T) and the Bunn agreement (Exhibit X) were both executed on the same day ? A. I have not. Q. Do you recollect when the price, thirty-eight thou- sand five hundred dollars, of the Rowe property, was agreed upon ? • A. I do not ; the parties agreed upon the figures be- tween themselves ; I do not know when they finally agreed upon that price, although there was some talk, according to my recollection, about the price, on the even- ing we met Mr. Rowe at his stor,e. Q. Can you tell whether it was a short time or long time prior to the evening in question when thirty-eight thousand five hundred dollars was agreed upon P A. I judge it was a short time before that evening ; partly from what Mr. Charles S. Smith said about it. (Objected to, as to what was said.) TESTIMONY OF MATTHEW LEAV* 34J. Q. Did you ever hear any other sum mentioned about the price, except tlie one named. (Objected to.) A. I did hear such a tliinjt ; I heard a short time be- ft)re that evening that Mr. Smith was trying to get it for a less sum, and he at one time expected to get it for less ; I will state that I have a very distinct recollection that after Mr. Duer had written the third page of this contract, from my draft, that I told him the words " Seventh November" on the page were wrong, and he must alter them to 3d December, and he did so — that my draft of this third page left blank that date. 375 Q. Where have Exhibits T, U, V, W, and X, been since December 7th, 1866 ? A. They have been in the office of Messrs. Martin & Smith, except during the time when the two contracts and deeds were sent to the Register's Office for record ; the two affidavits have been in the office all the time. CHARLES M. HALL. Sworn before me, Jan- \ uary 15th, 18G9. j Jos. W. Ballentine, Surrogate. Adjourned until Saturday morning, January 16th, 10 o'clock, A. M. Saturday Morning, Jan. 16th, 1869, 10, A. M. Case resumed. Present— Pitney, Proctor for Executors, " Vanatta, Proctor for Caveators,- and parties, Matthew Leavy, a witness called and sworn on the part of the executors, deposes and says : I am twenty- seven years of age ; reside in New York city, and by profession am an importer and wholesale liquor dealer ; my place of business is No. 1 Beaver street. Q. Are you acquainted with Mr. John Flanagan; and, 376 if so, how long have you known him ? A. I have known him from three to four years. Q. In what business was he when you first knew him ? A. Assistant Assessor in Brooklyn. Q. Were you acquainted with Patrick Rowe in his lifei- time ? A. I have met him some three or four times. Q. Whereabouts ? A. First in my office, in company with Mr. Flanagan; » I have been in his store twice. Q. Do you know a man named Charles Dougherty ; and, if so, where does he live, and what is his business ? ; , A. Yes, sir ; I believe he is a commission-merchant ; / ,' I think he lives at Elliot place, in Brooklyn,; I kuow > / the street and house very well, but do not know the number. 342 TSSTIMONT OF MATTHEW LEAVT. .. Q.. Do you recollect attending the burial of a child of his at any time; if so, tell as near as you can when it was ? A. It was in the summer of 1867 ; in the month of July, as near as I can remember. Q. Do you recollect how the weather was on that oc- casion ? A. Yes ; the day was fine and warm. Q. Do you recollect of seeing Mr. Flanagan and Mr. Patrick Eowe together on the day of that funeral ; and, if so, at what time in that day ? . A-. I think it was between the hours of one and three o'clock. Q. At what place ? A. 1 met them at the funeral ; on the verandah of Mr. Dougherty's house. Q. Did you have any conversation with Mr. Kowe ? A. Yes. Q. Did you on that occasion observe any signs of hia having been drinking ? A. No, sir. 377 Q. Did you see him drink that day ? A. I don't remember ; I'think not. Q. Do you know the Eev. Wm. E. Duffy of Connecti- cut ? A. Yes, sir. Q. Did you see anything of him on the day of that funeral ? A. No, sir. Q. Did you go to the cemetery ? A. Yes, sir. Q. Do you know whether Mr. Rowe and Mr. Flanagan went to the cemetery ? A. They came part of the way ; I don't think they went all the w ly. Q. Did you learn at the time why they did not go all the way ? (Objected to.) A. I think that I heard Mr. Fhmagan say that they expected Mr. Duffy in town that day, and that was the reason for their not going ; I am not positive. Q. When did you hear him say that, if you did at all ? A. About the time when the funeral was starting. Q. Did you ever have any busin(s; transactions with Mr. Rowe ? A. No, sir. Q. The testimony being here read over to witness, he says: "I am positive as to hearing Mr. Flanagan say he •expected Mr. Duffy." TESTIMONY OF MATTHEW LEAVV. 34^ Ch'oss-examincd : Q. When Mr. Flanagan was in the Rjvenue Lusiness, ' where was his office or phice of business ? A. On Court street, I think No. 13, in Brooklyn. Q. Where was the office of William E. Robinson at- that time .'' A. At the time I first knew Mr. Flanagan, both offices were in the s)une buiklinji;; thev afterwards changed, I beh(^ve. Q. When Mr. Fhmagau'd office became separated from Mr. Robinson's, where was Mr. Flanagan's office next after leaving where he and M.--. Robinson were ? A. 1 don't remember whether they separated, or both changed together to another building. Q. Where was Mr. Flanagan's office ne.-ct after leaving Jlr. Robinson's office ? A. After leaving Brooklyn he went to New York, at No. 80 Nassau street, his present place of business. Q. Did you reside in Brooklyn while Mr. Flanagan was in the Revenue service ? A. Yes, sir. Q. Was your place of business then there also ? "A. I had one place of business there then, and have still ; that was a liquor store. Q. You said that Mr. Flanagan was Assistant As- 378 sessor : how do you know that he filled that office ? A. From the fact of his being there, and from his hav- ing a sign out to that effect. Q. Did he assess you with the Internal Revenue charges ' against you in respect to your business and income ? (Objected to.) A. I have made my returns to him, I believe, once or twice. Q. In what year was that ? A. I think 1864 or 1865. Q. Did you make the acquaintance of Mr. Flanagan by coming in contact with him as Assessor of Internal Revenue ? A. No, sir. Q. When was it that you made the acquaintance of Patrick Rowe ? A. I think it was in the fall of 1866 ; perhaps in the ■ early, winter. Q. What was the occasion of his and Mr. B'lanagan's calling at your office at that time ? A. I don't know any reason, except, in passing, they called to make a friendly visit ? Q. How long did they remain ? A. Perhaps from a quarter to a half an hour, as near as I can judge ; I did not pay particular attention to. the ti ne. 3## Til-STIMONy OF MAXTHEW LEAVY. • Q. I suppose Mr. Rowe took a friendly drink with you 00 that occasion ? A. That I do not remembsr, whether he did or not. Q. On these occasions, when you were at Mr. Rowe's store, was Mr. Flanagan there also ? A. Yes, sir. Q. He went in company with you, did he not ? A. Once in company, and once we met there by ap- pointment. Q. About how far apart in time were those two vLsits to his srtore .'' A. I don't remember the- time that intervened ; this I remember, that the time we met, by appointment, was in March, 1867 ; the other I don't remember whether it was before or after that. Q. Those were friendly calls, 1 suppose ? A. Yes ; the one by appointment was not in friendship to Mr. Rowe ; (he fact was, I was going South, and Mr, Flanagan was going to Washington, and we met there between ten and eleven o'clock at night .; it was sug- gested by Mr. Flanagan to meet him there, as a conve- nient place. Q." Did you remain there until it was about time for the train to start ? A. Yes ; I did not have long to wait. Q. Did you go by the cars which start at loot of Court- landt street ? A. Yes. 379 Q. The train for Philadelphia and Washington nearest the middle of the night, left New York at that time, at what hour ? A. I don't remember the exact hour. Q. Was Patrick Rowe up and in corajjany with you until you left his store that night ? A. Yes. Q. Were there any other persons there beside him and you and Mr. Flanagan ? A. I do not remember who was there besides ; there were other persons ; I do not remember who they were rightly. Q. Did Mr. Rowe take a friendly drink with you on that occasion ? A. I do not remember whether he drank at all then, friendly or otherwise. Q. On the other occasion when you were at his store, was it in the daytime or evenin<>- ?' A. It was in the evening. Q. How long were you there on that occasion ? A. Perhaps from half an hour to an hour aud a half. Q. About what time in the evening did you leave there.? TESTIMONY OF MATTHEW LEAVT. 345 A. I do not j-emeniber ; it must have been before twelve / o'clock, as the Excise Law compels them to close at that time ; I paid no attention to these things. Q. What did you go for on that occasion ? » A. Nothing particular that I know' of, except that going up town I dropped in with Mr. Flanagan, as he men- tioned that Father Duffy was tp be there. Q. Did you meet Father Duffy there ? A. I do not remember exactly whether Father Duffy was up with us from Flanagan's office, or whether we met him tliere. Q. Do you remember that you did see him there at Mr. Rowe's place ? A. Yes, sir. Q. Did Mr. Rowe take anything to drink on that occa- ■' sion ? A. I suppose he did. Q. Do you know whether he did or did not ? A. I think he drank something, but what he drank I do not know. Q. Father Duffy did also, did he not ? A. Yes, S'T ; we all drank. Q. Were not Mr. Rowe and Father Duffy both in a pretty jolly mood before you left ? A. Do you mean jolly from the influence of stimulants.!* Q. I mean just what the question imports. A. Well, that I cannot answer ; they both always appeared ia an ordinary jolly mood whenever I met them; I mean not made jolly by the influence of stimulants. Q. When and where did you first make the acquain- 380 tauce of Father Duffy ? A. I think in Mr. Flanagan's office, and about the same year and month that I met Mr. Rowe. Q. You were introduced to Father Duffy by Mr. Flan- agan, I suppose ? . A. Yes, sir ; I think it was some months after I met Mr. Rowe that I met Father Duffy for the first time. Q. Are you in any way connected with Mr. Flanagan by relationship or marriage ? A. No, sir. ---i ^ Redirect : Q. What i.s Father Duffy's usual temperament as to being jolly or not ? A. i judgo that he is naturally of a lively tempera- ment. Q. How did you find Mr. Rowe in that respect ? A. I should consider him pretty lively ; not as lively as the other, by any means. Q. Was Mr. Flanagan practicing law at the same time that he was Assistant Assessor in Brooklyn ? 44 346 TESTIMONY OF MATTHEW LKAVV. A. Yes, bir. Q. What is the name of your firm ? A. Kiley, Leavy & Co. Q. Ai'e your firm clients of Mr. Flanagan ; and, if so, how long have they been ? » A. Since the fall of 1865. Q. What kind of law business do you give to him ? A. Collections, principally ; agreements and mortgages Bometimes. Q. Does Mr. Flanagan's firm do all the business which your firm has to do ? A. Yes ; they have done all that we had to do. MATTHEW LEAVY. Sworn and subscribed before me ) this 16th day of January, 1869. ) Jos. W. Ballentine, Surrogate^ Adjourned. TESTIMONY OF MATTHEW LEAVY. 345 A. I do not remember ; it must have been before twelve o'clock, as the Excise Law compels them to close at that time; I paid no attention to these things. Q. What did you go for on that occasion ? * A. Nothing particular that I know of, except that going up town I dropped in with Mr. Flanagan, as he mentioned that Father Duffy was to be there. Q. Did you meet Father Duffy there ? A. I do not remember exactly whether Father Duffy was up with us from Flanagan's office, or whether we met him there. Q. Do you remember that you did see him there at Mr. Kowe's place ? A. Yes, sir. Q. Did Mr. Kowe take anything to drink on that oc- casion ? A. I suppose he did. Q. Do you know whether he did or did not ? A. I think he drank something, but what he drank I do not know. Q. Father Duffy did also, did he not ? A. Yes, sir; we all drank. Q. Were not Mr. Kowe and Father Duffy both in a pretty jolly mood before you left ? A. Do you mean jolly from the influence of stimulants ? Q. I mean just what the question imports. A. Well, that I cannot answer; they both always ap- peared in an ordinary jolly mood whenever I met them; I mean not made jolly by the influence of stimulants. Q. When and where did you first make the acquaint- 380 ance of Father Duffy ? A. I think in Mr. Flanagan's office,' and about the same year and month that I met Mr. Kowe. Q. You were introduced to Father Duffy by Mr. Flan- agan, I suppose ? A. Yes, sir; I think it was some months after I met Mr. Kowe that I met Father Duffy for the first time. Q. Are you in any way connected with Mr. Flanagan by relationship or marriage ? A. No, sir. Be-direct: Q. What is Father Duffy's usual temperament as to being jolly or not ? A. I judge that he is naturally of a lively tempera- ment. Q. How did you find Mr. Kowe in that respect ? A. I should consider him pretty lively; not as lively as the other, by any means. Q. Was Mr. Flanagan practicing law at the same time that he was Assistant Assessor in Brooklyn ? 44 346 TESTIMONY OF EEY. WILLIAM B. DUT'FY. A. Yes, sir. Q. What is the name of your firm ? ' t A. Riley, Leavy & Co. Q. Are your firm clients of Mr. Flanagan; and, if so, how long have they been ? A. Since the fall of 1865. Q. What kind of law business do you give to him ? A. Collections, principally; agreements and mort- gs(.ges sometimes. Q. Does Mr. Flanagan's firm do all the business which your firm has to do .? A. Yes; they have done all that we have to do. MATTHEW LEAVY. Sworn and subscribed before me, this 16th day of January, 1869. Joseph W. Ballentine, Surrogate. Adjourned. — ■ ^ 381 Tuesday Moening, April 6th, 1869. Case resumed before Jos. W. Ballentine, Surrogate. Present — Mr. Vanatta, Proctor for Caveators ; and Mr. Pitney, Proctor for Executors: Eev. William E. Duffy, a witness called on part of Execuuors, sworn: Examined by Mr. Pitney. Q. Where do you live.?* A. Thompsonville, Conn. Q. Age? A. 42 years. Q. Your profession ? A. Catholic clergyman. Q. Were you born in Ireland ? A. Yes. Q. When did you come to this country ? A. I landed in New '^ork 20Lh April, 1851. Q. What was your age at that time, when you arrived.!* A. Was bo T 3d of April, 1827. Q. When did you firsu get aoq-uainted with Edward and Patrick Rowe ? * A. The second day after I arrived in this country. I had a correspondence with them when I lived in Ire- land; nev^;r saw them to know them; was too small when they left Ireland. Q. How did you employ your time when you firs* arrived in this country ? A. I staid a few days with my brother in Williams- burgh. I had letters of recommendation to Archbishop Hughes. He being- in Rome at that time I had to re- main tiU July, when I presented my papers to. the TESTIMONY OF HEV. WILLIAM E. DUFFY. 347 Archbishop. Re told me he wasn't fully posted in the wants of his diocese, as he wasn't home for six months; gave me back my letters of recommendation, with a let- ter of his own to Bishop O'Kiley, of Providence. I went to Providence in July ; commenced my theological stud- ies there at St. Mary's Seminary. The Seminary broke up, when we were all sent to Baltimore; remained there until I was oi'dained, June 11th, 1854. (It was a Theo- logical Seminary I was at, while at Baltimore.) My first duties as a priest was about two weeks at St. Pat- rick's Church, Providence, K. I. Next appointment was at Bridgeport, Conn., in '54 (same year). I remained in Bridgeport until February, '55, may be 9th or 10th, don't exactly remember. Next appointment was Hart- ford, Conn.; remained there about two years, until I 383 was appointed Pastor of St. Patrick's Church, Burrill- ville, R. I.; remained there till the 15th of October, 1866, when I came to my present place, Thompsonville, Conn. Q. During the time you were prosecuting your stud- ies in the Theological Seminaries, did you receive pecu- niary assistance from any persons.'' if so, from whom ? A. I received assistance from Edward Rowe; the amount I couldn't exactly give, but he paid $150 for my first year's study. What amount he paid for cloth- ing, pocket money, books, clothes, I couldn't state ex- actly, but I remember that he never wrote a letter during my college course, that he did not inclose a $10 or a $20 bill, as he used to say, for contingencies. When vacation time arrived I spent them at Mr. Rowe's. Any clothing, books, or other necessaries were all supplied by Mr. Rowe. Q. Were you ever able to discharge that indebtedness ? A. Yes, sir ; the first money I earned as a priest, I deposited it in his hands. Q. Did you keep an account of the moneys he loaned * you ? A. He told me he kept an account simply to show that he was a true friend of mine, and that he never ex- pected any compensation. Q. Did you ever see the account in his lifetime ? A. I saw these memorandum books, as he called them, when I would give him money — I would see him take them out aad vnrite; did not know what he did write. Q. I mean of the money he advanced you, while you were in the Seminary ? A. Never. Exhibit G-. being shown witness, he is asked : Q. When did you fiirst see this book ? 348 TESTIMONY OF EEV. WILLIAM E. DUFFY. A. Could not exactly say; saw it frequently in his lifetime. Q. The page marked at the top "J. W. B.," on which there are several lines erased, do you know who erased those entries ? A. I don't know. Q. When did you first see that book after Edward Kowe's death ? A. I saw it at 56 Elm Street ; I would say a month after his death. Q. When did you first notice those erasures ? A. At the time I saw it, about a month after his 383 death. Mr. Edward Eowe kept papers in care for Joseph Costello, such as insurance policies, mortgages, deeds, &c. Patrick requested me to hunt up Joe's papers, as he styled him, and to see and find out Mrs. Eiley's papers (she was called Margaret), with papers ■ of Phil. Carlin's, and in hunting up these papers I had occasion to run over all bis private papers in the safe, where these books were kept, and in so doing I had oc- casion to look through these books for Carlin's account, and it was then I saw the erasures on my own account, that is, the erasures you have called my attention to. Exhibit H. shown witness : he is asked : Q. In whose handwriting are both of those books G. and H ? A. Edward Eowe's. Q. The page in Exhibit H., marked at top "J. W. B.," in whose handwriting are those entries P A. Edward Eowe's. Q. Are those entries correct and true in point of fact, or not ? A. Yes. Exhibit D. and E. being shown witness, he is asked: * Q. Whose handwriting are those promissory notes ? A. Edward Eowe's. Q. And the cancellation of the stamps, in whose handwriting are these ? A. In Edward Eowe's, I suppose. Q. When did those notes come to your possession ? A. I should say about the middle of June, 1866; couldn't say the exact day. Q. Just tell how you got them ? A. Mr. Eowe forwarded them to me through the post-office in a letter, telling me his health was feeble, and that I should keep these to show what he owed me. Exhibit N. being shown witness, he is asked: Q. Is that the letter that inclosed the notes ? A- Yes, sir; it was 21st of June here on this letter. TESTIMONY OF EEV. WILLIAM E. DUFFY. 349 _Q. On what sort of terms of intimacy were you on dth Edward ^nd Patrick Rowe in their lifetimes ? A. Words can only feebly express the friendship. It 3 only the father and the child can tell it. _ Q. Did you correspond with Edward Eowe in his life- ime ? A. Yes; every week, and sometimes twice in a week, rhen business would demand it, and sometimes a couple 384 f weeks might slip without a letter. Q. Have you preserved all the letters that you have eceived from him ? A. I did not ; only what mere accident left with me. hunted them up in my drawers. A bundle of letters, marked "A. 2:" witness is asked; Q. In whose handwriting are these ? A. Edward Eowe's letters to me. (54 letters, all larked "Exhibit A. 2.") Q. Do you know what has become of your letters rritten to him ? A. Yes. In examining the safe, I saw them bundled .p (that was the time I was looking for Oostello's pa- ers.) I did not disturb them, but I understood from lichael Rowe that he, and Michael Leverty, of Bridg- ort, had read them down at the farm. They were in n old barrel in the wood-house. It was the day of the djourned vendue he told me this. I never saw them fter wards. Q. Did Michael Rowe tell you what he had done with bem ? (Objected to.) A. He said that in reading the letters that there was s much friendship between us as between father and '■■' Dn ; that some weeks they read two letters written by le to Edward in the same week. He did not say what ley did with them. Q. Are those letters in your possession, or in your jntrol ? A. No, sir. I have never seen them since I saw them 1 the safe. Q. Do you know where they are ? A. I do not. Exhibit G., H., and I., being shown witness, he is sked: Q. When did these come into your possession ? A. In October, 1867. I think shortly after Patrick owe's death. The week of his death I think. I took lem up to Thompsonville in the safe. And as far as I m recollect I brought them back to Morristown and jllvered them to Mr. Pitney. Think it was the day I 350 TESTIMONY OF EEV. WILLIAM E. DUFFY. paid Mr. Kobertson's auction bill, which was November 15th, 1867. , Q. Was it before or after you were examined in the Orphan's Court ? A. Long before. Q. Any alteraions made in them while in your pos- session.? 385 A. Not that I know of. Q. What knowledge, if any, did you have of the dates of Dr. Flagler's visits to Patrick Rowe in October, '66, prior to his being examined as a witness on the stand ? A. I had no knowledge whatever. I paid him his bill in Patrick's lifetime, for his attendance upon him in his last illness, eight br ten days days before his death. Q. How was the bill rendered, in one charge, or the items. 5^ A. I don't remember. All that I remember of it was that he charged very much for some days, f 12 a day for six visits, at $2 each. Mr. Eowe said that he could charge a pretty round sum. Exhibit B. 2. shown witness: he is asked: Q. Is that a letter that you received from Mr. Eowe.^* A. Yes. Exhibits L. M., and N. shown witness: he is asked: Q. Were those letters received from Mr. Rowe ? A. Yes. Q. Tell me what you know about Exhibit O..'' A. This letter Patrick Rowe gave me in July when I came to Edward's funeral, stating Edward was writing % this to me, when he dropped dead. Q. When did you first come to MorristownP A. I think in '61, I came with Mr. Edward Rowe after he made the purchase, to look after the farm; couldn't tell the date. We took dinner at the United States Hotel. Q. Did you know beforehand that he intended to pur- chase "|Bellevue Farm.?" A. I did; sometime previous to his buying here at Morristown he and I went out to White Plains to look at a farm that was advertised in the papers. He asked me how I liked the looks of it, and I answered, it was rather a hungry-looking concern. This was in the year '60. He wrote me that he saw this Bellevue Farm ad- vertised for auction at the Merchant's Exchange in New York, and that he came out to see the place before he would make the purchase. He sketched on a piece of paper the situation of the house, and forwarded it to me, asking how I h'ked the looks of that. I said that it looked good on paper, and if it suited him and his terms, that he ought to buy it. TESTIMONY OF REV. WILLIAM B. DUFFY. 351 Q. How was Patrick's health at that time P A. Patrick's health was not good; he was ailing for a couple of years from the coniinement of the place. I 386 think in October '60 he went to the barbsrs, in Leonard street, to get shaved; it had three or four cast iron steps to go up into the barber's shop; coming out he stepped down two, instead of one, to the sidewalk, and broke his ankle. He walked home on it, and when he told his brother, in taking of tne boot or shoe, he fainted. He lay under this accident until June or July, 1861^ couldn't say which, and then came out to the farm. I remem- ber that Dr. O'Riley attended him, and paid one or two visits toMorristown toseehim,; probably more; couldn't say. Q. WhaL degree of familiarity did you have with Ed- ward Rowe's business affairs in his lifetime.!' rObjecisd to.) A. I knew all his business affairs ; learned them from himself when I visited .there, or he would write me about them. Q. How did you hear of Edward Rowe's death.!* A. I got two dispatches. Q. Who sent them.? A. Father Curran, 31 City Hall Place. Exhibit C. 2. is here offered in evidence in the hand- writing of Mr. Becker, the telegraph agent at Morris- * town. The same objected to as irrelevant. The pro- duction of the original dispensed with. Exhibit D. 2. also produced, is the New York copy of the same, offered in evidence. No proof offered in evi- dence at this time of the same. Exhibit E. 2 offp^ed: Q. What do you know about that.'' A. That is one of the telegrams I got of Edward's death. Tnere was another one sent to the Bishop at Providence, who sent a courier out with it. Woon-socket was my nearest telegrapH station. Burrillville was the name of the township and post-office; Harris ville was the village. Q. What did you do after you got these telegrams.? ((>bjection is made to all these telegrams of- fered as exhibits by counsel for caveators, as irrel- evant.) A. I harnessed up my two horses, for I only had two / hours to ride to Wooster, Mass., to meet the New York evening express. Reached New York at midnight, called at his place, 56 Elm sti-eet. There I learned all the particulars of his death from Michael J. Diery. The next morning I visited Father Curran, and made ar- 387 rangements for a solemn requiem mass, for the hearse 352 TESTIMONY OF BEY. WILLIAM E. DUFFY. and carriages, &c. I then started for Morristown; I arrived here on the 10 o'clock train, I think, or about 10 o'clock, I think; hastened down to the farm; met Patrick there quite inconsolable at the loss of his brother. He gave me all the particulars of his death; how he, Patrick, was not more than twenty minutes out when he was called in, and told that his brother had fainted. He discover- ed him to be dead. The servant thought he had only- fainted (as he told me) and that unfinished letter, Exhi- bit 0., was on the table where he was writing. The pen and the glasses he wore, were found beside him on the floor. Q. At that time had the.Bridgeport friends been noti- fied of the death.? A. No; I had to return to New York to see and make arrangements for the funeral; we could not get the deed for the lot; it was in the safe; (it was the deed for the burial lot in Calvary Cemetery;) then we had to get a permit from the sexton of the cemetery; it was then I telegraphed from Centre street to the Bridge- port friends of his death and when the funeral would take place; I remained in New York that night, for I had to say mass in the morning; about four next morn- ing Michael Leverty and his mother knocked at Mr. Eowe's place, 56 Elm street'; I opened the door and let them in; they told me they came by the boat, and that some of the other friends would be dc^wn by the train. Q. Did you say mass next morning.? A. Yes; at about eleven o'clock, at St. Andrew's Church, City Hall Place, New York. Q. Did Patrick know you were going to say mass.? A. Yes. Q. When was the body brought down.? A. That day morning; came by the nine o'clock train, I was told. Q. .What day was the funeral.? A. 26th July, 1866; mass was same day; I left home on the 24th, reached here on the 25th, said mass on the 26th. Q. What was the state of feeling between Edward and his brother, Patrick.? A. They were exceedingly fond of each other; never 388 knew two brothers to love each other so. Q. Was Patrick much affected by his brother's death.? A. Yes, deeply; so much so that he could not men- tion his name without shedding copious tears. ■ . r- Q,. Mr. Halpine testified to something like this, " that Patrick behaved like a young bear in the woods; " that . f "he told you this;" was his evidence in that respect correct.? TESTIMONY OF REV. WILLIAM E. DUFFY. 353 A. I never heard the expression from Patrick; I heard it in court from Kichard Halpine when he was giving in his evidence for the first time. Q. Something was said by Halpine when he was giving in his evidence, that you asked Patrick "if he would have the same confidence in you that his brother, Edward, had; " what do you recollect about such a conversation ? A. As far as my memory serves me, I never asked Patrick Eowe such a question — "would he have con- fidence in me; " all I do remember of Kichard Halpine that day is that he was weeping, and evidently under the influence of some liquor; I presume he was watch- ing, and it was easy to get it, and a little would set him up; he was very childish when he got it. * Q. Did you have any doubts in your mind that Patrick did have confidence in you ? (Objected to.) A. None whatever. Q. What had been the relation between you and Patrick up to that time ? A. We were always on the friendliest terms. Q. Do you recollect of any of the occurrences on the evening of the burial of Edward Kowe at 56 Elm street ? A. Yes; I remembei' some of the occurrences that • transpired that evening; one was a dispute between Eichard Lawless and Kichard Cunningham about a car- riage at the funeral; there were twelve carriages hired , - by the order of Patrick Kowe to accompany the corpse to the cemetery; it was about one of these carriages the dispute arose; one insisted that he didn't ride in one of the family carriages provided by the family, but in Mr. Flanagan's; Lawless insisted that Flanagan's was one of the family carriages; so there was great confusion, loud talking over it, until Patrick came down stairs and 389 said if they were in trouble for the deceased they would have no quarreling. Q. How were they, as to their being sober at that time ? A. It is customary with the Irish to have a drop at funerals. I should think from the excited appearance of Lawless, he was the worse of liquor. , Q. Did you treat the crowd there that night ? A. Yes. There were a great many that called into the store that evening. Diery went up stairs where Mr. Kowe and Mrs. Leverty were talking, and in my pres- ence, asked what he was going to do, as there was a great many asking for liquor. Patrick said, "Yes; why not ?" There was a motion made by Diery in silence. I did not know what it was — he bowed his head — I found out afterwards that he was asking if he would 45 354 TESTIMONY OF EEV. LAWRENCE MCKENNA. take money for the liquor — spoke in a whisper. I was at that time up stairs putting on one of Mr. Kowe's white dusters. It was very warm. We all went down stairs to a little sitting-room off of the store, where all the Rowe family from Bridgeport were, and were having conversations with each other about the death of Ed- ward. I think I treated the party to wine. Mr. Rowe insisted it should he his treat; that there should he no money paid for it. Shortly after the Bridgeport peo- ple letired, Mr..^Leverty requested of me to call when I would be going home, but I couldn't do so without staying over night at Bridgeport. In order to reach home on the same day, I would have to take the 8 o'clock express train for Boston. After this conversa- tion, I was called in the store to get acquainted with a great many old friends of my people. The store was so crowded that I had to edge in at the end of the counter, and ordered a treat for all hands. Adjourned until half-past 2 P. M. Case resumed. Half-past 2 O'clock, P. M. The examination of Rev. Wm. E. Duffy was sus- pended at this point, to examine the Rev. Lawrekce McKenna. 390 Lawrence McKenna, a witness, called on the part of Executors, sworn: Examined by Mr. Pitney : Q. Where do you live ? A. 31 City Hall Place, N. Y. Q. Your age ? A. Nearly 50 years old. Q. Your profession ? A. A Catholic Priest. Q. In what church do you ofificiate ? A. St. Andrew's, N. Y. Q. Were you acquainted with Edward and Patrick Rowe in their lives ? A. I was. Q. Do you recollect the holding of an anniversary mass for the repose of the soul of Edward Rowe ? A. I do. . Q. Were any arrangements made beforehand for the holding of the mass ? if so, how long beforehand ? A . A few days before. v Q. Who, if anybody, applied to you on that subject ? * A. Mr. Flanagan. I did'nt know him at that time until he told me who he was. TESTIMONY OF RBV. LAWRENCE MCKENNA. 355 Q. Who, if any person, fixed the day for the anniver- sary mass ? A. I fixed the day. Q. And what day was it? A. Mr. Kowe's death was on the 23d of July, 1866. Mr. Flanagan wanted to have it exactly on the day, but that day 12 months happened to be what we call a du- plex, and I could'nt say mass for the dead on that day, so I fixed it for the next vacant day — a semi-duplex, which was the 24th. Q. Was the mass held on that day.^ A. It was held on the day I appointed. It was a solemn requiem mass for the dead ; I assisted, myself, in it. Q. l)id you see Mr. Patrick Rowe on the day the mass was said.? A. I did. Q. Where and under what circumstances did you meet him? A. He attended the mass. He dined with us after- wards; we offered him that hospitality, he being an old friend and a member of the congregation. Q. Did you converse with him on that occasion? A. Oh, yes ; had the ordinary conversation. Q. Did you observe any signs of present or recent 391 overdrinking about him ? A. No. I never did at any time. I looked upon him as a sober, respectable man; plain and unassuming. Q. Did you observe any signs of weakness, imbecility, on that occasion ? A. Oh, no. Q. What time in the day did he dine, and what time in the day did he leave your house ? A. We generally dine at one o'clok. I never have any liquor on the table, except a glass of wine, never do. Perhaps about 2 o'clock. We generally have a little talk after dinner, and then go about our business. Q. Who else beside Mr. Rowe dined with you that day ? A. Mr. Duffy, the celebrant, and the other clergy, all dined. Father Duffy celebrated the mass. It is a com- pliment paid to the friend of the deceased, if a priest, to celebrate the mass. Cross-examined by Mr. Vanatta : Q. At what hour of the day was that mass celebrated? A. We generally have those masses about 10 o'clock. 10 was the hour I appointed. It may have been half- past 10. We wait half an hour for the friends to come, sometimes longer. 356 TESTIMONY OF KBV. LAWRENCE MCKENNA. Q. Was 10 of the forenoon the hour appointed for this j)articular mass ? A. It must be always in the forenoon. Couldn't say- mass in the afternoon. This mass was appointed at 10 o'clock. I am giving our general rule. This came un- der the general rule. Q. What time in the forenoon did this mass begin ? A. I think about 10 o'clock. It may have been half- past ten. Q. About how many days prior to the 24th of July did you make the appointment for celebrating this re- quiem mass ? A. A few days. One day is enough to give us time, the ordinary time. Q. My question does not seem to be answered. It related not to masses in general, but to this one in par- ticular ? A. There is no exception to this mass. I think about 10 o'clock. I made the appointment myself. Q. On what day of the week was this mass said ? 392 A. I couldn't say exactly. I will have to look at my ordo for that. I find by looking at that for '66 that his death was on the 23d day of July, which happened on Monday. Q. Have you any written memorandum made by you for the celebrating of that mass 7 A. I have not for that or any other mass. We don't make memorandum for masses. Q. Can you tell whether you appointed the celebra- tion of that mass 10 days or less than 10 days prior to its being celebrated ? A. It must have been less than ten days. Q. Why do you think it was less than ten days .^ A. Because the pastor was absent and was bound to be back the Sunday following to attend to his duty. Q. Sunday following what ? A. Sunday following the mass. It is only conjecture. It must have been less than 10 days, say, a few days. * Q. What was the number of days to the best of your recollection intervening between the appointment and the celebration of the mass ? A. It must have been less than ten days. It is only conjecture. May have been during the week before, two or three days, because the anniversary must have been after the Sunday, and he came to tell me ; came in the ordinary manner. It was probably during the week be- fore. Q. Why did you not have that mass celebrated on the 23d day of July, 1867 ? TESTIMONY OF REV. LAWRENCE MCKENNA. 357 A. Because it chanced to be on what they call a duplex. ' Q. Be 'good enough to tell us what you mean by a duplex ? A. There are rubrical distinctions of the Church in re- gard to the festivals. There are duplex of the first-class, duplex, major, duplex, semi-duplex, and simplex. Q. Was there any canon rule, or order of the Catholic Church in your diocese in force at that time, that pro- hibited an anniversary mass being said on the 23d of July, '67 ; if so, tell us what it was ? A. The ordgat was, and is, and will be. Q. Is that the only answer you can give to that question ? A. It is, I think, fully answered. The order contains the rules of the Church for all. 393 Q. Do you mean, then, to say that there was a rule or regulation of the Catholic Church of imiversal appli- cation, which prohibited an anniversary mass from being said on the 23d of July, 1867 ? A. I do; what they call a duplex, holds good, uni- versally, with this exception : On the day of a person's death, the body being present in the church, mass can be said for the repose of the soul ; and another exception which escaped my memory at the time, that the same exception holds good for the first anniversary. If I had ^ chanced to be aware of that, I would have said mass on the very day, although being a duplex. Q. Be good enough to refer me to some book in which that rule or regulation can be found published. A. " Kane on the Eubrics," — published in the city of New York. Q. Will you refer to the chapter and page ? A. I cannot. I now read from the order : " Divini Officii Reculandi," Messceque Celebrandm," Juxta Bu- bricas Brevaurii ac Missalis Bomani." This is the title page of the book I have in my hand. The section where the rule may be found is No 7. * Q. Is the rule which jow have just mentioned, in- flexible, or variable, or dispensable, at the discretion of the pastor or priest ? A. No ; the pastor or priest can't change it ; it is for his guidance. Q. Do you mean that, under no circumstances, he is authorized to depart from it ? A. I think not, as far as I know. Q. Who was the pastor of St. Andrew's Church in 1867? A. Kev. Michael Curran. ' Q. And your situation in the church was what ? 358 TESTIMONY OF EEV. FKANCIS MCKBNNA. A. Assistant pastor. Q. How many other priests were connected with that church ? A. None other. Q. How long had you been assistant pastor at that church at that time ? A. From 1863. Q. Where had you been engaged prior to that ? A. That was my first mission. Q. Had you resided in the city of New York prior to 394 becoming engaged at St. Andrew's ? A. Not as priest. Q. Had you ever made the acquaintance of Patrick Rowe, prior to the death of Edward Eowe, so far as your memory serves you ? A. I think I had. Q. Can you tell where and when first ? A. I met him, perhaps, at his brother's. It is only conjecture. Q. You have no distinct recollection of having met him in his brother's lifetime, have you ? A. Not distinctly. I may have met him in his brother's company. Q. Did you meet Patrick Rowe between the time of Edward Rowe's funeral and the time of this anniversary mass ; and, if so, where .'' A. I did ; several times in the course of the year, in the city ; at our house sometimes, and sometimes at his. Q. On the day of the anniversary mass, did you have any conversation with him, before the services of the mass were ended ? A. Before inass I had no leisure ; after mass I had a friendly conversation with him at the dinner-table. * Q. Be good enough to name all the persons who dined with you on that occasion ? A. I have generally so many guests that I can only name Patrick Rowe, because it is very rarely we invite a layman to dinner. Q. Did Mr. John Flanagan dine with you on that occasion ? ' A. I think not. Q. You mentioned some priests dined with you on ••:- that occasion ; give us the names of as many as you can - remember ? A. As well as I can recollect, the celebrant of the mass dined with us. I, myself, was deacon of the mass. I forget who was sub-deacon — forget the clergyman's name. Q. Where was Father Curran at that time ? TESTIMONY OF EEV. FRAKCIS MCKENNA. 359 A. I think at Poughkeepsie, seeing a sick friend, a priest. Q. Upon what subject did you converse with Mr. Rowe at dinner ? A. The ordinary subjects of the day ; can't recollect exactly. Q. Was the dinner at the parsonage ? A. Yes. Q. Was that connected with the church ? A. Three doors below City Hall Place. Q. Are you distinct and clear in your recollections that Patrick Eowe dined with you at your table on that day? - _ 395 A. As far as my recollections gives me, I am. Q. Did he and Father Duffy go away from your house together on that occasion.? A. We all separated shortly after dinner to our vari- ous avocations. I can't say; paid no particular atten- tion to them more than to any other person. Q. Did he say where he was going to when he left your place (Mr. Rowe) ? A. Not that I recollect ; we don't ask those ques- tions. Q. Did he go away from your house on foot, or in a carriage.'' A. 0.n foot. Q. Did you see Mr. John Flanagan on that day; and if so, whei'e ? - A. I think not; he is a stranger with rrs. Q. Had Father Duffy not been present on that occa- sion, could you have celebrated that mass ? A. Certainly. Q. Did you learn from Mr. Flanagan when he first applied to you about the mass, that it was to be cele- brated by Father Duffy ? ■» A. There was not a word at all about Father Duffy. Q. Where did you first learn that Father Duffy was to be the celebrant of the mass ? A. I recollect that he arrived from the country from his diocese the night before, and were it not for that, I would have said the mass myself. Q. Did you learn that Father Duffy was in the city until the morning before the mass wass celebrated.? A. I learned it the night before, when he came in and took supper with me. If he hadn't come the mass would have gone on without him. Q. Did he stay at your house that night.? A. No, sir. Q. About what time did he arrive at your house the day before.? 360 TESTIMONY OF REV. FRANCIS MCEENNA. A. I think it was rather late ; say between eight and nine o'clock. Q. From appearances, did he stop at your house as 396 soon as he arrived in the city; did that seem to be the first place he stopped at.P A. Yes. I think he came muffled; came as if he had just stepped from the cars; seemed to have arrived very recently. Q. Did he have a carpet-bag or satchel with him.? A. No; I think not. Q. About what time did he leave your house that night .P A. Pretty early, I think. We retire to bed pretty early, say 10 o'clock. Q. Did he say where he was going to spend the night? A. No, sir. Q. Did you have any conversation with him about the mass that evening ? if so, what was it .'' A. I think nothing more than he was to say mass the next morning, to save me the inconvenience of fasting. The priest must always say the mass, fasting. Q. Did you ask Father Duffy to celebrate the mass, or did he propose to do it ? A. I think I asked him to say the mass. Q. I suppose you invited him to stay the night with you at your house, I mean.? «• A. I had a very substantial objection to that, as I had no spare room ; only for that he would be very wel- come. Q. Was Patrick Rowe a member of St. Andrew's , Church or congregation.? A. No; he lived in the country. Edward Rowe was; Patrick took his place; in that sense he was. Q. Patrick Rowe recognized his allegiance to the Church, and partook of the sacraments allowed to the laity, did he not ? A. Yes. Q. And did he make any offerings to the priests who participated in the celebrating of the mass; and if so, to which of them ? — A. Nothing more than the ordinary stipend. Q. What efficacy does the Catholic Church attach to such a mass, as was said on that occasion.? - A. The ordinary efficacy— the merits of Christ ap- plied, which is the same in value, in Catholic estimat- tion, as he sacrifice of the Cross. •Q The understanding is, that benefit accrues to the soul of the deceased, in whose behalf the mass is said, does it not .? TiSSTIMONY OF EEV. FEANCIS MCKENNA. 361 A. Yes. Q. If tlie mass be -withheld, what consequences, ac- cording to the Catholic faith, ensue to the soul of the - deceased, who is the subject of such withholding or omission ? A. He loses the benefit of the mass. We can't say 397 what the consequences are to the soul ; but we can say that the mass always gives glory to God. Q. What I would like to learn, is the good or benefit, it does to the soul of the deceased, so as to see what misery follows from its withholding ? A. We can't tell. No human mind can tell the ef- fects of the holy mysteries offered for the living or the dead. We know, in the old law, that in Judas Macca- beus,it is said, "that it is a holy and wholesome thought to pray for the dead, that they may be loosed from their sins;" so that praying for the dead is older than Catholicity. Q. According to the Catholic faith, are not the masses of the Church for the repose of the souls of departed re- latives, esteemed a great blessing; and the withholding or omission of them a great calamity .'' A. It is esteemed a great blessing; but the withhold- ing of them would be no calamity at all; nor would masses be needed by a person who dies in the favor and friendship of God. Q. According to the Catholic faith, where one has ■■■'•" died in sin and under the disfavor of God, may his sirs be forgiven and his salvation obtained by the masses of the Church, given for the salvation and repose of his soul . _ _ after bis death ? A. There must be a distinction made; all sins are not equal. The Catholic Church distinguishes between what they call mortal and venial sins. Mortal sin, as the word indicates, kills the soul; venial sin does not ; so that a person who dies in mortal sin, he's condemned to the second and eternal death of eternal damnation, so that for him there is no use for prayer or sacrifice. For the venial sin (or those who die in venial sin) we offer prayer and sacrifice. Q. According to the Catholic faith, wiU the prayers and sacrifices of the Church, made after the death of one who has died in venial sin, procure his salvation ? A. Yes; because, as the common Christian creed says, " we believe in the communion of saints." There are three gi-eat branches of the Church : the Church militant, the Church suffeiing, and the Church triumphant. Death is, properly speaking, not the end of life, but the begin- ning of immortality. Therefore we all still live, and 398 can help each other by our prayers, and alms, and par- 46 363 TBSfPI'Jt&NT ©F REV. PBANOIS MOKENNA. ticTilarly by offering tlie unspotted and unbloody sacrifice of' Christ, tbe Son of God'. Q. Those sacrifices, according to the Catholic Church, can be made or performed only by the priest ? A. Only by the priests. Q. Now be good enough to tell us what sins. are. by the Catholic Chuvch esteemed mortal sins .% A. Murder, adultery, fornication, druni^enness, robr. bery, and numbers- of the same class, and diishon^ty generally. Q. Where a person is known to have died guilty of a mortal sin of which there is no reason to believe he re- pented in bis lifetime, will the priests of the CathoKc Church offer mass for the repose of the soul of one who has died unde>: such circumstances .? A. Well, " Judgmeiit belongs to me," says G'pd, and He alone knows who has died as such. The- Apostk says, " Judge not, lest ye be judged." Charity steps m here, and covers such a case. * Q. Does not the Catholic Church hold thattb« Cath- olic priesthood' have succeeded to or had devolved upon them the power or corDmission conferred upon the Apostle Peter by Christ, at the time when He saidi, '•' Upon this rock I will build my church, and the gates of hell shall not prevail against it," &o. ? A. That applies to the Pope, who. is a successor of St. Peter. And it is a remarkable fact, that it has, re- mained unshaken for more than 1800> years, notwith- standing the wickediaess from some of her- own childrea within, and from wickedness and foes without. Q. Is the Pope esteemed the repositoiy.of that powes^ or the Church, of which the Pope is the head or chief priest ? A. The Pope is the head of the Church ; his pow^-fe not human ; it comes from Christ. He is the successor of Peter and the vicar of Christy having- no power of his own, all derived from- Christ. Q. Then, if I understand it, if Pius the Ninth were- to resign and leave the Papal chair, he would be esteemed as no longer invested with those extraordinary or super- hunian powers ? A. There is a distinction there again: until his suc- cessor was appointed — elected by those having a rigbt to 399 vote. Q'. What I- want to learn, is whether- that power, con- ferred by Christ upon the Apostle Peter, as recor4edi k the Scripture, according to the Catholic faith, reposes in the Church, or in the individiual; who holds the Papal office.?' ■ . A. I' answer by saying- that the- Church- is- nol? an ag- TESTIMONY OF SEV. FRANCIS MCKENNA. 363 'J gregation of mdividuals. It has its origin in unity, coanhencini^ with the Great G-od^ man Christ, and con- tinued in his successors, so that a council of the Church of God, called together by any earthly power j When all bishops and priests of the Church were assembled with- out the Pope at their head, would be nothing. Q. By what means does the Pope exercise the great powers and duties of his office in the Church ? A. The bishops and priests of the Church. Thfe power of ordination is conferred by the ittiposition of hands, as Paul did upon Timothy. The power of juris- diction of the Pope, is distinct f'-om that of orders. Ju- risdiction came from the mouth of Christ 5 ordination is given by the imposition of hands; Q. Then, whatever legitimate jurisdiction is exercised by a bishop or priest of the Catholic Church is derived from the Pope as their superior, or head of the Church? A. Yes. Q: Is the legitimate actioti of the priests regarded as the aet of the Pepe, done by his priest or his vicars I' A. Not exactly, for th^ priest is subject to the bish- op, the bishops to the at-chibishop, and so up to the Pope, the head. Q. You stated that the Church was not an aggrega- tion of individuals, but of unity. Is not the priest- hood regarded as a unity of which the Pope is the head and supreme power.? A. Here comes another distinction: what is called the Church teaching, and the Church hearing; thfe great bulk of the people — that isjthe laymen — the Church hear^ ing, and bound to obey. The priesthood teach by au- thority being s^nt by the vicar of Christ th'-ough his bishops and archbishops. _, , Direct resumed. *~ Q. The 23d ddy of July, 1867: was it a duplex ? 400 A- It must have been; I haven't my order fcil: '67 here. Q. Did Father Duify, so far as you kndW, have Any- thing to do with fixing the day of the mass.? A. Nothing whatever, so fai^ as I was conceriied; Q. When Mr. Flanagan called upon you, as I ndW understand you, you supposed, did you, that the inftSS could hot be held on the 23dj and therefore fixed andther day? A. Yes. I hate already said that the fact that it could have been held on that day escaped my attfeh- tioUi Q. Where a pastor is appointed ovet- a parish, can a ptiest from another diocese offibiate in that parish with- out his pentiiesioii or invitation? t\ 364 TESTIMONY OF EEV. FKANCIS MCKENNA. A. As a general thing, it is a matter of etiquette; he always asks permission from the pastor. He could not hear confession without jurisdiction; it would be invalid, null, and void; he has no jurisdiction out of his own dio- cese. Q. Do you allow priests to appoint and say masses in other priests' parish churches.? * A. Certainly not. Becross-examination. Q. Did Mr. Flanagan call to see you more than once about arranging for that requiem mass.? A. No, sir; I think not. Q. And you informed him that it would be held on the 24th, at that time, did you.? A. Yes. Q. You are now beyond the limits of your own par- ish and diocese, are you not.? A. Yes. Q. Do you mean to testify that if, while you are here, without your parish, and you were to find a man strick- en down by accident and about to die, and no other priest at hand, and he wanted to confess to you and re- ceive the last solemn rites of the Church, that you would have no right to receive his confession and ad- minister those rites .? A. That is an exceptional case. It is allowed by the Church, in Articulo Mortis, that all priests have jur^ risdiction; and what is more and singular, and which' 401 shows the charity of the Church, she allows suspended priests and apostates to absolve. Q. Do not the Jesuit priests receive confessions and exercise and administer the rites of the Church wherever they may be in the prosecution of their missionary work.? A. Yes; when they get jurisdiction from their bishop or pope; they can't do it as Jesuits. Q. What is confession by the Catholic Church? A. Confession is only a part of the sacrament of penance, and often can be dispensed with altogether; as, for instance, a man's not having the use of his speech, or in case of accident, the sacramental penance or ab- solution can be administered. Q. According to the faith of the Catholic Church, can the priest to whom the confession is delivered, ab- solve, forgive, or pardon the sins of the person making the confession? i ■* A. He can; distinction is to be made there again; he has no power of his own; he don't claim to have; all power is derived from Christ; this is the origin of the power — "Whosoever sins ye shall forgive, they are for- TESTIMONY OF REV. WILLIAM E. DUFFY. 365 given them; whosoever sins ye shall retain, they are re- * tained unto them." LAWKENCE McKENNA. Adjourned until half-past seven o'clock this evening. Half-past 7 O'clock, Tuesday ) Evening, April 6th, 1869. j No witnesses present. Adjourned until Wednesday morning, 10 o'clock, A. M. Wednesday Morning. 402 Gase, resumed. Eev. Wm. E. Duffy recalled. Principal examination continued: / Q. Where was Patrick Kowe when you treated? A. In the room off the store. Q. Did you treat more than once.? A. I think I did; not that crowd, but others that came in, when I would form their acquaintance and friends introduced. Q. Were there many coming in and going out that evening? A. Yes; considerable many. Q. Did you see Lawrence Eock there that evening? A. He may have been there; don't remember of see- ing him; he was a pretty constant visitor to that store. Q. Mr. Rock swore, in the 165 manuscript sheet, in this wise — " The Eev. Mr. Duffy said something about his property; he said that all the real and personal property of Edward Eowe belonged to him; that no other friends could come inside of him for it;" did you say that or anything like it? (Objected.) * A. I never used any such language to my recollec- tion. Q. Did you say anything that conveyed that idea to him or any one else? A. I might have spoken to parties that I held some notes of Mr. Eowe's: not to Mr. Eock, for I was not a favorite of Mr. Eock, nor he of mine; I had learned from Edward Eowe some time previous that he was plagued to death with Eock coming and spending the 366 TESTIMONY OP REV. WILLIAM E. DUPFT. whole day in his store ever since the Street Com- missioners condemned his work, arid that if he was made of money ot was a bank he couldn't satisfy him; that he indorsed some of his paper, and that he wasn't worthy of it. (Answer objected to.) Q.. On the 226th and 227th manuscript sheet Richard Cunningham swears that " Patrick Rowe told you that he didn't waiit any money taken in that store that night, and that you told him to g^o away from there — that that was your place and not Patrick's;" did any such con- veteatiba as that occur? : . t .-.^ _ A. Never. '403 Q. What occurred the next day after the funeral of Edward Rowe ? A. Mr. Patrick Rowe wished to see a lawyer about how he could get letters of administration out. We agreed to go down and advise with Gilleh & Flanagan. When going out we met, I should think, Mr. Rock. He told us he was goihg to the next office— (which was Bartholomew O'Connor, I think) ; that he was one of the arbitrators appointed to reconsider the work con- : ■ . demned by the Commission el-s (Rock's work) ; aiid that he would point out to Mr. Rowe and mySelf where Gillen & Flanagan kept their office. He sho-^-ed us the number — we went up stairs ; saw the name of the firm on the glass window. He (Rook) did not Buggestj at any time, that we should employ O'Connor. I should think, as far as I can recollect. Rock went to O'Connor's office to see to his own business, while we were in Gillen & Flanagan's office. After he made known his business^ Mr; Flanagan volunteered to come with us to the Surrogate's office. On our way thfere, Mr. Rock fell in with us, and came to the door of the * Surrogate's offiqe^ while Flanagan, Rowe, and myself went up stairs in the office; From a conversation with the clerk and Mr. Flanagan, an intimation was given to Mr. Rowe and myself that sureties would be wanting, and that the thing could be finished right away, if they were present. Mr. Rowe said he could readily procure them — that Mr. McKenna, opposite 56 Blm Street, was an old friend and neighbor of the family ; that he thought he and old Mr. Sherlock, in Centre street, Would- answer for him, and that he would go dnd see them._ As he was rather lame, I, being very well acquainted with the parties, I volunteered to go and see them ; when I came down stairs, Mr. Rock accompanied me (I found him at the foot of the stairs, waiting) to McKenna's workshop. He went into Mr. Rowe's store opposite, while I went into the rear building, where TESTIMONY OF RE¥. WILLIAM E. BCllY. 36T MoRenna was at work. I made known the object of my visit — that Mr. Rowe wanted him as a surety in getting hisi papers of administration. Mr. McKenna seemed confused and hesitated some, before answering me. At length, he said : " I am very sorry I cannot oblige Pat- rick Rowe, as he is an old friend and neighbor of mine; 404 but I have made a sort of a vow never to go security for any man — even my own brother ; I would rather advance money any day than go security." I seemed a little hurt at the disappointment, and sa'id to him that it was rather small of him to refuse. He wanted me to go over to the store and have^ some- ii^'Bg, and I refused, and said his friendship was like himself, small potatoes. Without going to the store, I returned to the SuErogate's office, and told Mr. Rowe about it. He appea:;ed very muck hurt about it, too — and said he would have no more to do with it this day. We ueturned to Gciilen & Flanagan's office, and there had a conversation with Mr. Gillen, and agreed to diefe^ it limtil another time. Mr. Rowe and I went and had diniDjer — couldn't say whether it was at . heggs^Ws- or SsReeaey'^s-r— most Mke it was Leggatt's. Went back to the store-stalked matters oveu. Afterwards, h& called me into the room — opened the safe — pulls out a small' drawer, and said : "There is no money here except this, and how am I to meet the bills in Morristown (there * was $300 in gold in the small drawer) or New York " (the funeral bills). Q. Did he say anything about selling the goM...? A. He said, " Edward bought this to keep.it, and I don't wish to. part with it." I said I would let him have some money. I examined my pocket, and I found I could let him have $400. He took it, and thanked me much, and said he would! now go over to Father ©ua?-- ran's: and- find out the amount of' the carriage bills, the attendance, and tke expenses of the grand requiem. Went there, settled the bills, stopped and talked awhile with Father Gurran. Mr. Rowe remarked he would r.etain the family pew in the church, and if there was anything due on it he. would pay it. Father Gurran remarked that Edward always paid his pew- rent ia advance for the year ; he (Father Gurran) further said that, the Sherlock's sat in the pew, and that they came to him. with a few dollars, saying that that was aM they owed, Edward for the time they had oceupied. it. It was then- dira-wing near evening, when we returned to 405 the store; (this was on Friday), I remained over night ; ste-ted; for home next morning on the 8< o'clock expijess, as 1 had to be home the next Sunday ; that wouM' get me home. SaukuEdiay night, Tr o'clbok, ready fou SUndiay. 368 TESTIMONY OF KEV. WILLIAM E. DUFFY. Q. "Was that Friday the first time you had ever been at Gillen and Flanagan's office? A. Yes; the first time in my life; did not know where he kept. Q. Did Flanagan expect you to come there at that time.? (Objected to). A. No; he was rather astonished, as Flanagan and I were not on friendly terms, nor with any of his family. Q. How long had you known him previous to that.? A. Think I remember the time he was born. Q. How often and where had you met Flanagan in this country before Edward Rowe's funeral .? A. I met him and got introduced to him by Edward Eowie, at his store in Elm street, on one or two occa- sions previous. Q. You knew his pedigree and family previously, did you.? ' A. I think I ought, having lived in the same neigh- borhood; besides his sister is wife to my brother James. Q. How long has your brother James been in this country, and how long has he been married to Flana- gan's sister.? A. About 21 or 22 years in the country, and married, I should think, about 18 or 19 years. Q. Since his marriage, how frequently have you visit- ed his house.? A. Never stood there. ' Q. Why not.? A. I told already I never liked the Flanagan family, and particular from what Edward Rowe told me about a visit Mrs. James Duffy paid to his store; I was not on good terms with Mrs. James Duffy. Q. Which suggested the visit to Messrs. Gillen and Flanagan's office the day after the funeral.? you or Patrick.? A. Couldn't exactly say; it might have been Mr. Rowe, or it might have been myself. I remember dis- tinctly, Mr Rowe speaking highly of Mr. Flanagan for 406 settling the dispute between Lawless and Cunningham on the night of the funeral, and as far as my memory serves me, we went to Messrs. Gillen & Flanagan to find out what steps to take in the matter, and that Mr. Rowe was favorably disposed with both of them, and said, that he might as well have them as other lawyers that he was not acquainted with. Q. When, after that, did you next come to New York City .? A. I came down in August to say the monthly mass, TESTIMONY OF EEV. WILLIAM E. DUFFY. 369 as we say, "the month's mind," for the repose of Ed- ward Eowe's soul. Q. Did you see Patrick at that time, and how long did you stay ? A. Yes ; as far as I can recollect, I came down the evening previous to the 23d of August, said mass (pri- vate), remained that day in New York, and returned on the following, as I was very much occupied in settling up my aifairs in Ehode Island, for I was contemplating since the 5th of August of changing to Connecticut. Q. When next did you come to New York ? A. I came, if I remember rightly, on the 13th of November, at the invitation of Mr. Eowe. It was on a Tuesday; won't be positive; generally rest myself on a Monday, when I go a traveling ; my duties tire me a good deal on Sunday. Think I came on Tuesday. Q. What day of the week, and what time in the day was it ? A. My visit was a short one, as I was newly settled down in Thompsonville, as a person has more to do than if he knew the place. I staid Tuesday night, Wednes- day, Wednesday night, and returned on Thursday, as far as I remember. Q. When did you first have any conversation with Patrick Kowe about his will and the settlement of his worldly affairs .'' A. The first conversation that I remember must have been either in July or August, 1866, I think August. As far as my my memory serves me, he was bewailing the suddenness of poor Edward's death, and that Ed- ward's only regrets in his last days were about his not settling up his affairs ; that, for a week before his death they slept in the same room, and during that time Ed- ward spoke about how he intended to arrange -iis affairs if the Lord only spared him to get over his illness, and 407 that if I was convenient, it would be great ease to his mind. Now, that he was never healthy, he wouldn't let it go as far as Edward did ; that as soon as he got his title established, he would make his will, and that as far as he could remember what Edward said in his last moments, he would arrange it so in his will. He then enumerated a great many things he intended putting in his will. He further remarked that a will Would be a great means of helping him to live easy and contented, for he saw his ■ brother's trouble, and he would never like to see it again. That, as far as I re- member, is the amount or substance of what he said on that occasion. Q. Did he tell you, when you came down in Novem- ber,' whether he had executed his will.? 47 370 TESTIMONY OF KEY. WILLIAM E. DTJFFY. A. He said he had not executed it yet, hut was most anxious to do so, since his doctor told him he was touched with the same disease that his brother died with. He, moreover, stated that I was rather ungrateful that I didn't come to see him sooner (this Was in November,) * because I was not there since August, and that he had a spell of sickness and thought he would never see me; now that he was recovered, he would arrange and exe- cute a will as soon as he could. He wanted to know wouldn't Grillen & Flanagan do it. I said I thought so. He then enumerated some of the items that he intended putting in the will. Q. You understood you were to be the principal lega- tee, did you? A. He made this remark, from which I understood I was to be considered in the will : "My brother, in speak- ing about settling his affairs, told me (Patrick) that after he had considered all the items that was to go in the will, he says, that Father Duffy was the only friend we had, and that he should be remembered beyond any other." I said that I would be very well satisfied if I got my own. " That you must have," he said, "as we can set- tle up." He then remarked that " Edward expressly told me what he was buying books for," that he was "making up a library for Father Duffy ;" so now he said : " Let us go 408 up stairs and pick out the books; you can have what you want of them'. I don't want them." " '' Q. Did you pack the books .? A. Yes; we went about packing them, or rather pick- ing them out; picked out such as I wanted. We did not pack them until night; we had to see Joe Costello to get boxes; he was a packer for Bliss & Co., cor. Broad- way and Worth street. It was Costello nailed up the boxes; Mr. Rowe and myself packed them. Q. Which left the city first, you or the books .? A. I think I did. Costello shipped them. I think as I had some compliments with him after; had a driiitk with him. Q. Did you go to Flanagan's office in that week, ia November? A. I don't remember; all I do remember about Flan- agan was, there was a few books that would help a law- yer. Mr. Eowe said Flanagan eould tell. I understood he got them. _Q. Did you have any conversation or communication with Flanagan or Gillen with regard to the will before its execution? '■■■■ A. Never spoke a word, nor ever wrote him, nor ever turned a pen with him on the subject, as I remember. I was not in correspondence with either of them. TESTIMONY OF REV. WILLIAM E. DUFFY. 371 Q. Were you in the city when the will was exe- cuted? A. Have no knowledge whatever that I was; I see the date of the will is the 16th, and that was on Friday. I went homethe day previous, as I had engagements. I see by looking over a paper from this memorandum, " Suffield, November 17th, '66. Rev. Mr. Duffy to Aus- tin & Brothers, Dr. To one Carriage, #300. Received payment, Austin & Brothers." T?his carriage was to be delivered on Friday, to be used on Saturday, and should think that was one of the causes why I hurried home; there might have been others, which I can't remember at present. Q. Do you recollect that the delivery of the carriage was delayed one day.^ A. I do. I felt thankful that I was there to see and examine the carriage, to see if it was worth what it cost. Q. Did you prepare any schedule or sketch of the will for Mr. Rowe in writing? A. No, 409 Q. When was the first time you ever saw Judge ' " Michael C. Gross? A. Last August, at Sharon Springs; I got introduced to him at the Eldridge House by his cousin, Jacob Gross. Q. Did you ever see Charles C. Egan to know him? A. I never knew the man, unless by name. Q. Have you ever been to the office of Judge Gross & Egan? A. I don't know where it is, except as I see it in the evidence. Q. When did you first learn that the will was executed? A. In the early part of December following I was called to New York by a letter from Mr. Rowe, that he had sold his property, and that he couldn't get pay for it, until he would make oath or affidavit that there was no incumbrance upon it or debts upon it; when I went to New York in December Mr. Rowe told me that he had made his will; that he did not want many to know it; that he had just fixed it, as his brother had intended, with a few exceptions; I asked him "Where was his * will?" he said "It was in safe keeping;" I said "I would like to see it;" he says "You can't;" I asked "Why"? he said "Nobody will see that, until my death; " I didn't wish to go any further. Q. When was the first you did see the will, in point of fact? A. As far as my memory serves me, I never saw the 11 372 TESTIMONY OF JACOB A. GEOSS. will until I see it in Morristown, and I think that was the evening the codicil was executed. Adjourned until half-past 2 P. M. Wednesday, Half-past 2 P. M. 410 The examination of Kev. William E. Duffy was suspended for the examination of Jacob A. G-Boss, Esq. Jacob A. Gross, a witness, called on the part of Ex- ecutors, sworn: Examined by Mr. Pitney: Q. Whei-e do you live.^ A. New York City. Q. What is your age.^ A. 27 years. Q. Your occupation.'' A. Lawyer. Q. What is your firm? A. Flanagan & Gross, composed of John Flanagan and myself. Q. In 1866 what was your business connection.? A. I was a member of the firm of Egan & Gross, composed ■ of Charles C. Egan, Michael C. Gross, Frederick Swarts, and myself. Q. What nationality are you? A. By descent I'm a German, by birth an American; am a cousin of Judge Michael 0. Gross. Q. Were you acquainted with Edward Eowe, of 56 Elm street, in his lifetime? A. I was. Q. Where did you meet him? A. At his place of business in Elm street. * Q. Were you acquainted with his brother, Patrick ? A. I was. Q. How long have you been acquainted with John Flanagan? A. Ten or twelve years. Q. On what terms were you with him prior to your partnership? A. Very intimate. Q. Were you in the habit of visiting his office fre- quently before entering into copartnership? A. I was while his office was in New York; when it was in Brooklyn I went to see him every time I was near his office. Q. Did he hold any official position in Brooklyn? TESTIMONY OF JACOB A. GKOSS. 373 A. He did ; he was First Assistant Assessor in the Office of Wm. E. Kobinson, who was Assessor of Internal Kevenue. Q. Do you recollect at any time of meeting Mr. Patrick Rowe and Mr. Flanagan at an eating-saloon; and, if so, state, if you can, the day of the week and month it was, and what transpired? / A. I did meet them on a Friday afternoon at the ' / restaurant of Sweeney's Hotel, corner of Chatham and V Duane streets. New York City; I do not remember the month; it was in the year 1866. '- Q. What had you been doing that day.? A. Had been to the court that morning and tried two 411 cases; it was the special circuit for short cases; it is what the lawyers call the " Eailroad Calendar." Q. Why do you think it was Friday.? A. Both Mr. Rowe and Flanagan were eating fish; I went there for that purpose, and at that time. I was not in the habit of going to Sweeney's for dinner, ex- cept Fridays. I sat at the same table with them; Flan- agan asked me where I had been; I told him; he stated that he and Mr. Rowe had been at my office to see me, that Mr. Rowe wished me to witness his will. (Objection is made to what Mr. Flanagan said). Mr. Rowe remarked that he was sorry that he hadn't met me there. He conversed during the quarter of an hour they staid there. I asked "whom he had got.?" Mr. Rowe said "your partners." I am under the im- pression that Mr. Egan sat at another table in the same room, and he pointed to him; that's only an im- pression however. Q. On that occasion what was Mr. Rowe's condition '■ as to sobriety.? A. He was perfectly sober. Q. Are you acquainted with the Rev. Wm. E. Duffy, now present.? A. I am. Q. When and where did you make his acquaintance ? A. In or about July, 1867, at 80 Nassau Street, N. Y., at the office of John Flanagan. Q. Who were present? A. Besides ourselves, Patrick Rowe; Mr. Flanagan introduced us. Q. Was that before or after you entered into partner- ship with Mr. Flanagan? A. About a month before. Q. How was the weather the day you was introduced to Mr. Duify? A. Very hot. Both he and Mr. Rowe were in their shirt sleeves. 374 TESTIMONY QF JACOB A. GEOSS. Q. Did you converse with Mr. Kowe on that occasion? A. I did. Q. How was he as to sobriety on that occasion.^ A. Perfectly sober, so far as I could see. 412 Q. Did you see Mr. Eowe alive after that? A. No. Cross-examined by Mr. Vanatta. Q. I understood you to say, the last time you saw Mr. Kowe alive was in August, 1867, at Mr. Flanagan's office, in company with the K6v. Mr. Duffy? A. It was not. Q. What time in the month of July was it? A. The latter part, about between the 20th and 30th. Q. Can you give the day of the week? A. No, sir. Q. What time of the day, was it about? A. Between 12 and 1 o'clock. Q. I understood you that you were then introduced to Father Duffy, for the first time? A. Yes. Q. This meeting was not between twelve and one o'clock at night, was it? A. No. * Q. Did you learn where Father Duffy or Mr. Rowe had been during the preceding part of that day, and what they had been doing? A. I did not. Q. Did you have any conversation with Mr. Rowe on that occasion; and, if so, upon what subject? A. I do not remember the conversation, but we con- versed together for five or ten minutes; I know that we spoke of the contemplated partnership between Mr. Flanagan and myself; I believe that Mr. Rowe made the remark that it was a good idea for a G-erman and Irishman to go in business together. Q. How long were you in company with Father Duffy and Flanagan, at his (Flanagan's) office on that occa- sion? A. About fifteen minutes. Q. Did you find him at Flanagan's office when you first went there on that occasion? A. I did. Q. Did you leave him there when you went away? A. I did. Q, On the day you met Mr. Rowe and Flanagan at / ',. Sweeney's, what time of day had you left court? ; 413 A. About one o'clock. y) Q- Did you go to Sweeney's for dinner immediately after leaving court? A. No, sir; I first went to my office. TESTIMONY OF JACOB A. GROSS. 375 Q. How soon then, did you go to Sweeney's for din- ner? A. A few moments. Q. About what hour did you dine.!* A. Between one and two, P. M. Q. Did you find Mr. Rowe and Flanagan at the table when you went in, at their dinner? A. I found them at dinner. Q. Which left Sweeney's first, you or they? A. They did. Q. About what time of day did they leave there? A. I think shortly before two. Q. Did they say whither they were going? A. Not that. I remember. Q. What did they have to drink for dinner? A. Nothing, that I saw. Q. On the occasion that you met Father Duffy and Mr. Rowe, at Mr. Flanagan's office in July, '67, there was something to drink there on that occasion, was there not? A. Not in my presence or to my knowledge. * Q. At what time did your partnership with Mr. Flan- agan commence? A. August 20th, 1867. Q. Did Mr. Gillen remain with Flanagan up to that time, as partner? A. No, sir; their partnership had ceased on the Ist of May previous, or about the 1st of May. Q. Did Grillen remain at the same office, until you be- came partner with Mr. Flanagan? A. No, sir; he occupied offices on different floors, I believe. Q. At what time did you move in the office with Mr. Flanagan ? at the time you went into partnership, or before, or afterwards? A. On the 20th of August, 1867,. when our partner- ship commenced. Q. When and where did you first become acquainted with Patrick Rowe? A. My impression is, that I met him for the first time at Gillen & Flanagan's office in the summer of 1866. Q. Who was with him on that occasion? A. There were several persons in the office who I did not know; I don't know whether they were with him, or on other business. 414 Q. About what month was that interview? A. I do not remember. Q. Were you introduced to him on that occasion ? if so, by whom? 376 TESTIMONY OF BEV. WILLIAM E. DUFFY. A. I was; by John Flanagan. Q. What circumstances led to your being introduced at that time.? - A. I know no reason for the introduction at all, ex- cept it has always been Mr. Flanagan's habit to intro- duce me to everybody. Q. You are still a partner of Mr. Flanagan? A. Yes. Q. After that introduction to Patrick Kowe at Flana- gan's office, did you meet with him before you met at Sweeney's.? if so, when and where.? A. I met him repeatedly, both at Mr. Flanagan's office when I called there, and I think I also saw him in Elm street at the liquor store. Direct-examination resumed: Q. You speak of the hour when you saw Flanagan and Rowe at Sweeney's: you do not mean to speak with cer- tainty as to the exact hour, do you.? (Objected to.) A. No; it is only an impression; it was after I came from court, and it was lunch hour; I never lunch before twelve; it may have been between two or three o'clock; I could tell by referring to the calendar for that day. Q. Was the Eev. Father Duffy with Flanagan and Rowe when you met them at Sweeney's? A. He was not. Cross-examination resumed: Q. What was your usual hour for dining in 1866? A. That depended upon my engagements; I always went as near one o'clock as I could get off. JACOB A. GROSS. Sworn before me, ) April 7, 1869. | Joseph W. Ballentine, Surrogate. '415 Rev. William E. Duffy recalled on direct-examina- tion: _Q. Do you recollect of going to supper to Leggett's with Rock and Rowe? A. Yes. Q. Did you make any remark at any time to Mr. Rock that you didn't consider Mr. Rowe competent to do' any business? A. There was a conversation between Rock and my- self about Patrick getting out of business ; that he had enough to see to on his farm ; Mr. Rock remarked, "It TESTIMONY OF REV. WILLIAM E. DUFFY. 377 would be much better for Mr. Rowe to keep in business, as be bad rents to collect in New York," or something to that effect; he had supper with us, although we didn't wish him to be with us, as he had sponged all day and night, and then be accompanied us to the door of the saloon, and then we had to ask him in through politeness ; this was an old habit of bis. Q. What did you say about its being better for Mr. Rowe to go out of business or to stay in business? A. I said that Mr. Rowe would be happier and easier in mind not to attend to so much business. Q. Did you say to Mr. Rock that Rowe was killing * himself with drink, and that you wanted to get him out of the city? A. I never did. Q.. Did you observe on that occasion that he was drinking too much: I mean the week the will was ex- ecuted? A. I never saw him drink anything, except a glass of i ^ Madeira wine with me and a bottle of soda water. \ • Q. How often would he drink a glass of wine with you? • ; ., A. When we met in the morning and was starting for ■ breakfast we always had a glass of Madeira wine together while I was in New York; if we started from the house together for dinner we had one; we usually had one going to bed; this was about all the drinking I see him do. Q. So far as you observed, was he in the habit of drinking at the bar of the common liquors that was dealt out to the customers? A. No, sir; he was very particular about what he would drink, as he had a very weak stomach; his principal reason for drinking with me, or out of the same bottle 416 with me, was due to the fact of its being pretty old Madeira; Edward Rowe especially kept this old stuff for me in a peculiar bottle, and no person else, as I under- stood, ever got the taste of it; he said it was some of the first liquor he got when he first went into business. Q. In November, 1866, did you know or learn that he -" had had the delirium tremens? A. No, sir; he merely told me that he had a terrible bad spell of throwing off from his stomach. Q. When did you learn that he was in the habit of drinking too much? A. I should think it was in June, 1867, when, on a | visit, I learned from the' servant and Doctor Flagler that «^ Mr. Rowe had been drinking too much on one or two occasions. Q. So far as you observed, was this excessive drinking open and public, or was it, as we call it, "behind the door?" 48 378 TESTIMONY OF EEV. WILLIAM fc. DUiFPY. A. As far as I know, he was very methodistical about it; when he visited me he never drank anything, except a j.f glass of champagne, although pressed to d6 it. Q. What do you mean by being " methodistical" iii that connection? A. I mean he had a method in doing it. Q. You came back to New York to receive your pay in December, did you.? A. Yes, sir. Q. How did you find Mr. Kowe at that time? A. The same as usual — very friendly — very cheerful. Q. Did he complain of being sick at all? A. He said he hurted his health, he thought, by fretting too much about his brother; he couldn't sleep nor eat as he used to do. / , Q. Do you recollect of seeing Kichard Halpine at -Elm ! ;' street, November, '66? I I A. Yes, sir; I think he was there the night we were ' packing the books. Q. Do you recollect of a conversation you had with him when you asked him about all his friends and relations ? A. No, sir; no such conversation; I wasn't on intimate 417 terms with him ; I used to see him there occasionally, but we seldom got into conversation, unless he might remain till every one else left the store, and then there might be a few remarks or jokes passed. Q. When were you next down to New York after the first of December? A. I think it was in January of 1867; I have a vague doubt that I accompanied Eowe and Flanagan to Hart- ford when returning from my place. Q. How long did you stay in January? ■^ A. I staid from Wednesday until Friday morning; I , telegraphed I was going down to have tea with Mr. Kowe; he was in the country; Diery telegraphed him, and he was in that night about nine o'clock; he said, when he came in, the dispatch was delayed, or he would have been in earlier; I was in the habit of going to New York every January to buy candles for my church, for Candle- mas Day is the 2d of February, when the Church blesses all the candles for the year; if I didn't go, I always wrote to Mr. Rowe to forward them. * Q. When next was you in New York? A. I don't think I was in New York again until April; may have been there in March; have no recollection. Q. How long did you stay in April? A. Remained a few days; never remained a week; ■couldn't, unless, once in Edward's time, when I preached for Father Curran, when I had a vacation; that is, since I became a priest; often stopped a week before that. TESTIMONY OF BKV. WILLIAM E. DUFFY. 379 Q, When next after April, '67, did you come to New - York or New Jersey? A. In June; the first or second week; came out to Morristown, and remained a few days. Q. And when next after that.? A. I came in July to New York — the 23d; got in New York about five o'clock; this was the occasion of Udward's anniversary mass. Exhibit F. 2 shown witness: he says that is my writing on this dispatch sent Flanagan on that morning from the depot. The Exhibit offered in evidence on part of exec- utors; also G. 2, offered in evidence. Q. How long before July 23d had arrangements been 418 made for the mass.? A. When I was out here the 11th of June. Q. Did you afterwards write to Mr. Eowe about it.? A- I did; he was to give me notice. Q. What was the occasion of your writing your letter of July 18th, 1867 (Exhibit 7)? A. It was on account of he not writing or not notify- ing me as agreed to; it was drawing near the 23d, and I wished to have some previous notice, that I might have some brother priest to attend to the wants of the parish. Q. Was the place for holding the mass fixed before you left Morristown? A. Yes; he said he would hold it there, but I thought he might change his mind; the explanation given me for not answering my letter was, it remained in the oflice for some eight or ten days without Eddie Rowe calling for it. Q. How long before the 23d did you get notice of the * final arrangements? A. Ithink it was the 19th or 20th — couldn't say which — (July). Q. What time did you arrive at Flanagan's office on the evening of the 23d of July? A. It must have been near six o'clock; I made no de- lay after the train arrived, except stepping into Father Cjirj-giin's to see if I could have a cassock; I fetched none with me; none of the priests were in, so the servant told me; I agreed to call again about tea-time; I then started for Mr. Flanagan's office, where I learned that himself and Mr. Eowe were attending a funeral in Brooklyn. Q. How soon did Flanagan and Eowe come in? A. I pho'uld say half or three-quarters of an hour. Q. How soon did you learn of the execution of the 419 deeds? A. I got an intimation from Mr. Eowe that evening that he was fixing up something for me. Q. Where did you spend that evening ? 380 TESTIMONY OF KEV. WILLIAM B. DUFFY. A. We went to Father Curran's (Mr. Eowe and my- self) about quarter after seven, to ascertain about the cassock ; Mr. Eowe would not go in, lest we should make too long a stay, as he said ; my visit on that account was very short ; we then started to Philip Carlin's stables to hire or to engage his carriage for the next day to take us to Calvary Cemetery ; we then returned to Mr. Flanagan's ' office, where we remained till Mr. Rowe and Flanagan agreed upon having supper. (I for- got to say that I had supper and dinner whilst I was waiting for Rowe and Flanagan to come from the fune- ral.) So I declined having supper with them ; this was up' to about nine o'clock ; we then went to the Park Hotel, where we had to take or engage a very indifferent room with three beds in it ; we had a drink at the bar with some acquaintances of Flanagan's, and as the even- ing was excessively hot, we got near the door, in chairs, and sat there, till near eleven o'clock, cracking jokes, talking politics and the affairs of the day ; we retired to rest, but could find no rest from the heat and bad venti- lation of the room ; Mr. Rowe and myself sat up from the time the town-clock struck one, until it struck three ; to cool ourselves we were undressed in the dark room, Flanagan asleep all the while ; next morning we got up very tired ; went to the barber's to get ourselves shaved, and returned to Flanagan's office ; they went out to get breakfast, and I started to Father Cun-an's to get ready for the mass, which was to come off at ten o'clock ; the mass was said at ten or a quarter past ten, by me, assisted by Father McKenna as deacon, and a Southern priest as sub-dea- con ; Father Curran acting as master of ceremonies ; when mass was ended Mr. Rowe came into the vestry and there received a warm invitation from Fathet Curran to come and have dinner ; we all started from the sacristy to Father Curran's, where dinner was about ready ; when Iwe got to the dining-room. Father Curran asked me '"where was th.g lawyer .? to slip outjiid press him in ;" I did_a.o ; Flanagan came ; after dinner,'a carriage was in readiness, T)ut we had a little delay of an hour in Father Curran's smoking-room, waiting for Flanagan to see his intended on the train, as shfe attended the mass with her father ; the father was invited by Mr. Rowe to accom- pany us to Calvary Cemetery ; we started about two or half-past two o'clock in the carriage for Calvary — Mr. Rowe, Flanagan, his father-in-law and myself; we vis- ited the graves of Edward and Margaret ; while there had a long chat about erecting a new monument ; we traveled around to see the style that would suit ; he was taken with a splendid Corinthian column, nicely fluted and about twenty-:fivefeet high ; he said that was his choice ; TESTIMONY OF REV. WILLIAM E. DUFFY. 381 we then visited the soldiers' monument, and then re- turned ; I can't say to what ferry crossing ; I attempted to pay the hacknian ; Flanagan took the money, as I sup- pose, to pay him, but paid out of his own pocket the money, and returned me my money ; a ferry-boat came along; we got on board, and started for Mott Haven ; on our passage up, we got in with Mr. Sadlier, a book pub- lisher, who was very glad to see Mr. Eowe and myself ; we all had to walk about a mile after we left the boat, until we reached Mr. Kearney's place, where we had sup- per, (Flanagan's intended father-in-law); had some music from the piano, a sort of medley concert between his (Flanagan's) intended, Flanagan, and myself; we had some champagne, one bottle ; was very thirsty ; we staid there until about ten, and then took the night express at Mott Haven, where it stops at the draw, and got out at the Reunion Hotel, Forty-second street ; as we suffered so much the night previous from heat, we agreed to stay up town as high as we could find rooms ; we had three separate rooms ; I fronted the street, Mr. fiowe in the opposite corridor, Mr. Flanagan's three doors in the rear ; about five o'clock next morning, Mr. Rowe woke me, asked me " how I rested;" said he had a " bully night's sleep ;" we sat down in our shirt-tails ; he called my attention to the 421 lots where a little kid and a hen with chickens had a fight ; we watched until the kid killed the hen in an hour or more ; we sat there two hours ; we then went up to the next avenue ; we took the stage, got down town, had our breakfast — can't say whether at the Park, Leggett's or Sweeney's — it was one of them ; after that, went to Flanagan's office, where there was a crowd waiting for him ; Mr Rowe and myself went out shopping to Bliss & Co.j corner of Broadway and Worth street, where we made purchases and ordered them to be sent to Mr. Flanagan's office ; we met acquaintances, or rather old customers, of Mr. Rowe's, where we were detained until about twelve o'clock ; we went then and took a look at the old property, and started for Flanagan's office, who wasn't there. It was so warm we had to take off our coats and try to fan ourselves ; I undid my parcel, so as to put it in my valise (a part of it), when I discovered part of Mr. Rowe's purchase mixed up with mine ; Mr. Rowe undid his to see if the clerk had made any other mistake ; the couple of dozen stockings that he bought were in my bundle ; afterward Flanagan came in (there was no one in the office while we were doing this), with_ some strangers with him, or clients ; Mr. Rowe asked him for the papers he fixed up a day or two ,, preyious ("tb p. ^^ evcn - ing he came in),, so ne^'flande'd them to Mr. Row^Tne 382 TESTIMONY OF BEV. WILLIAM E, DUFFY. (Patrick) called me over to Mr. Flanagan 's priyate b ^d- room, offJi^^Sce^ with tEe'door^Effop eni lie saya^o r![ie7'iii'"a verj bw^voice, " You will please "R eep ' thesfe papers in a safe^ pla^ej^andr^^^T^^T^j^ them to any person ;'^'i~asK3niim ""wKat they 'were .P" he said " they were deeds of his property, and he wouldn't wish for any money it was known, lest people woiild say he had no home of his own ;" he then said " it was time for him to go for his train ;" I took the papers and put them in my pocket ; I started with him, went to Barclay 422 street, where I purchased a ticket and bid him good-by, he proHiising he would come up and see me wheu he got bis hay and crops saved. Q. Did he tell you when you might show thq deeds, or did he say how long you must keep them without showing them to any person ? (Objected to.) A- He did; be told me "to keep these papers, as secret as I would his confession, till he died ;" I sajd *' I would do so ;" he, moreover, said I could record them, after his death. Q. How long did you keep them in your possession ? A. I kept them in my possession, till I returned to Flanagan's office, when I left them in his safe for safe keeping. Exhibits H. 2 and I, 2 shown. Witness says:^ " These are the deeds given me by Patrick Eowe on the day aboye mentioned." Exhibits H. 2 and I. 2 offered, in evidence on part of Executors. Q. Had you had any previous intimation from I^Tr. Kowe that he intended to make deeds to you for Ms landed property ? * A, Yes, sir ; in June, '67, he said he wished to make everything sure, that there might be no difficulties after his death, and as far as he was concerned he would pre- vent any as far as he was able. Q. How did he say he thought of doing it ? (Objected to.) A. He said he would secure me with deeds of his real estate. Q. Were you present when the deeds were executed or written ? A. No. Q. When, so far as you know, were they executed. A. From the intimation given me by Mr. Eowe that evening (the 23d), I concluded it must have been some time that day. Q. Did you suggest to him the idea of deeds, or did he mention it himself ? A. He mentioned it. TESTIMONY OF REV. WILLIAM E. DtJFFT. 383 Q.^Wheti did you next come to New Jersey after the occasioti of the requiem mags ? A; I came Tuesday of the first week of September, 1867, and remained that week till Friday or Saturday— ^ think it was Saturday — as Mr. Rowe was feeling very unwell and most anxious to have me remain over Sun- 423 day ; I couldn't do so, as I had no substitute. Dr. Flagler volunteered to telegraph my bishop to supply my place, as I was great assistance to Mr. Rowe and himself in injecting the morphine in Mr. Rowe*s arm during the night, as I sat up every night with him ; I re- tuftied to Morristown the following Tuesday; Mr. Flagler did not telegraph; 'twas too near Sunday, so I went home; I found Mr. Rowe still ailing, and the doctor visiting Mm three or four times a day; I sat up every night for that week, doing the same kind offices for Mr. Rowe and Flagler. If I didn't do so, Dr. Flagler would have to come at midnight to give him his morphine; I stopped there until the latter part of the week — Friday or Saturday — when I endeavored to procure a clergyman to take my place at home, but failed to find one; I went to Thompsonville for that Sunday; returned Monday evening; remained that week and over Sunday, as I found a priest to officiate for me; that was the 21st of September; I said mass * here in Morristown for Father D'Arcy. I remained all that week until Friday, when I went to New York to see if I couldn't get one of the Jesuit Fathers to take my place; couldn't find one; it was on that day that Mr. Rowe gave up all hopes of ever getting over his sickness, and requested me to take and have the deeds of New York property recorded. I had no time to go to the Record office, and I asked Mr. Flanajgan if he would do it, for Pateick was suffering very much. One night of that week, while Eddie Rowe, my niece, Ellen Conovan, and myself were watching up with Mr. Rowe, he happened to turn over on his left side after I gave him the morphine. Adjourned until 10 o'clock, Thursday morning. Thursday Morning, April 8th, 1869, ) 10 O'clock, A.M. I Gase resumed. Rev. William E. Duffy recalled on direot-eibamma- tion: I then went to sleep, and while sleeping Eddie Row« 424 go* alarmed at the heavy breathing of Patrick, and awoke 384 TIISTIMONY OF REV. WILLIAM B. DUFFY. me, saying Patrick was dying; I turned him over, when he seemed perfectly insensible; we set him up in the bed, and he became conscious of the great danger he was in of smothering, as the doctor cautioned him never to sleep on his left side. Q. State how long before the 27th that was.? A. That was the Thursday night previous. Q. Was that the occasion when he became alarmed at his critical condition? ' A. Yes; and thanked me very kindly for attending so promptly to him, for he Would have died that night; I have already stated that I went to New York, at his urgent solicitation, to procure a clergyman to take my place; this was on Friday, the 27th of September, 1867; I didn't succeed; when I returned to Morristown Friday night, Mr. Kowe was much disappointed at my not find- ing a priest, and begged of me, if possible, to remain over Sunday. I knew my obligations to my congregation was stronger than they were to Mr. Rowe, so I determined going home * on Saturday morning, September 28th. I heard of his death Monday morning, when starting on train for Morristown, by telegram from Mr. Flanagan; I at once telegi'aphed the Bridgeport friends of his death and when his funeral would take place; on my way to New York I happened to meet a brother priest, who sat in the same seat with me to High Bridge or below High Bridge, where the cars were detained for an hour on ac- count of some rocks that were blasting beside the track, and one of the rocks obstructed the passage of the train; whilst waiting for the cars to move, I had a conversation with Michael Leverty; he asked a great many questions about Mr. Rowe's affairs; I tried to answer them, but I found he was somewhat posted, and knew some matters asked of me better than I did; I then refrained from making or giving further information to his inquiries. Q. Is his account of the conversation between you and him, as related by him in his evidence on the 209th sheet, correct.? A. Part is true, and part false; when Mr. Leverty and 425 his friends entered the cars at Bridgeport, I noticed that none of them recognized me but Michael Leverty; he came to where the clergyman and myself were seated, and cooUy passed the compliments of the day, with a few remarks that he had previous notice of his death to my telegram, and that it was a very extraordinary occurrence; I said it was very extraordinary that he, his brother, and sister should die so suddenly; he asked me if I knew what he died with; I answered, and said 'twas the same sickness that his brother died of; this was about the sub- stance of what passed on that occasion. TESTIMONY OF REV. WILLIAM E. DUFFY. 385 At the next stopping place I left my seat, and went where he and his friends were sitting, at the other end of the car; I shook hands, and passed a few remarks, and retm'ned to my seat. Michael Leverty came once or twice between there and High Bridge, and tried to force a conversation, but a re- mark made by the clergyman beside me kept rae from further conversation. The remark was this: "Duffy, the Levertys looks daggers at you, for they are stealthily looking back at you, as if you were a thief." ■» Q. When did you first hear anything about a codicil to - Patrick's will.? A. 'Twas next to the last week that I was with him; Eddie Kowe went to a pic-nic, as Mr. Kowe told me; he ^ gave him some money to enjoy himself, so when he came to his dinner, Eddie had all the money spent, and called on- Patrick for more; Patrick asked what he did with the five dollars he gave him in the morning; he jocosely answered that he was treating the girls; Patrick asked "Was it those girls over the way he used to stop out so late with?" Eddie said it was none of his business, that he could spend what he earned with whom he pleased; this hurted Mr. Kowe's feelings so much he threatened to put a boss over him that would be able to correct him;- he then (Mr. Kowe) said that Eddie Rowe was like his brother James: they would spend all the money he or his brother earned, and would give them no thanks. He said further that he liked the wild little fellow, Eddie, on account of bearing the name of his brother, Edward, and that he wished to have him under the 426 guardianship or advice of some one that would see and keep him from squandering what he intended giving him. He wished to have his will changed, or a codicil made that would place the moneys he was about giving him, in safe hands ; he called Eddie when he came to his din- ner to come here, to where he was standing, in the kitch- en. " This is your boss for the future, and you cannot fool him, stopping out at night till twelve or one o'clock." He said that he kept clothes from Eddie, purposely, to keep him in doors, and that all he could say or do, could not keep him at home. I told Mr. Kowe that was not the way to treat him, that he was more than a boy, and should be respected as one of the family. That day I took Eddie up street ; purchased a new suit of clothes, and brought him to sit at the dinner- table, first time since he was in.Morristown, as he told me himself He seemed to appreciate my at- 49 386 TESTIMONY OF REV. WILLIAM E. DUFFY. tentions or kindness towards hinij and acted so good that *• Mr. Rowe was very much pleased. It was principally the change seen in Eddie that in- fluenced or convinced Mr. Eowe to make a change in his will and leave the moneys as stated in the codicil. That was the first I heard about it. Q. Who did he refer to when he said " This is your boss for the future ?" A. Myself; we were both standing together; he pointed to me. Q. How long before the codicil was actually executed did this circumstance with Eddie take place ? A. May be eight or ten days ; may be six ; can't ex- actly say ; do not recollect the day of the month. Q. Mr. Rowe was still able to walk about at that time ? A. Yes; he was about till the Friday before his death. Q. State the circumstances attending the preparation and execution of the codicil. A. The night previous to its execution, I heard Mr. Rowe ask Mr. Flanagan why it was he did not do what he wanted him to do ; Mr. Fanagan said he overlooked 427 it, he had so much to do, but he would be sure and do it the next evening. During that day I had a long conversation with Mr. Rowe about the changes he was about to make in his will. He said all he wanted was to have Eddie done for, as he was so wild and foohng a boy. I asked him was he going to remember any of the New York relatives or those in Bridgeport. He said I do not think the New York friends were much credit to the name, and as for Bridgport folks, he thought they didn't need anything, that what he had was the result of his brother's econ- omy, and his hard labor; besides, these folks seldom came near him, unless they wanted money, or go security for them ; that there was one he thought considerable of in Bridgeport, but didn't need it ; another he once liked, but he had as good a chance to be as well off as he was. I said that they were friends, and as he was giving to strangers they should be remembered. He said that he and Edward found the strangers kinder and better friends ■ than his own relations, and if he would mention them he would treat them all alike. I then asked him did he in- clude the friends in New York. He said some of them, but he said a penny or a ceni of his money Richard Cun- ningham would never get or possess. Our conversation was interrupted by the doctor's visit. After the doctor left, he told me that he thought he would leave his friends a small token, to show that he didn't forget them. This ended the conversation on that day ; the next conversa- TESTIMONY OF REV. WILLIAM E. DUFFY. 387 tion we had was when Dr. Smith, from New York, came to visit him (about the codicil) which was the day the codicil was executed. It was the 18th day of September, '67, after Dr. Smith examined him and told him the coating of his stomach was visible, to be seen on his tongue, he asked the doctor was that a bad sign ; the doctor said it was in some cases. After the doctor went into the house, Mr. Eowe said to me, "The doctor has the blues, or my case must take the talk out of him; I'm glad, though, that Flagler is coming to-night to meet Mr. Flanagan to finish up the codicil." Dr. Flagler came at about ten o'clock in the forenoon 428 (perhaps it was 11) ; Mr. Eowe introduced Dr. Smith to Dr. Flagler ; there was a polite bow passed between them, and at a wink by Dr. Flagler, given to me, I fol- lowed Dr. Flagler from the piazza, were the introduction took place, to Mr. Kowe's bed-room ; Flagler asked me what was this all about ; did Mr. Eowe send for a phys- ician without consulting him ; I said he was a friend, paying a friendly visit to Mr. Eowe ; the doctor with- drew to the piazza, where they both examined Mr. Eowe, and fully concurred in the previous opinion, passed by the doctors, that he had heart disease ; in the afternoon Dr. Flagler paid another visit about three o'clock, and Dr. Smith was preparing to return to New York ; when Dr. Flagler heard of his returning, he said he felt tired — he was at the Convent, he felt exhausted, and would sit down and rest for an hour or two ; Mr. Eowe called me to one side, and said you had better see Dr. Smith to the depot, as Dr. Flagler seems disinclined to carry him to the depot ; we went to the cars, and after the train had * started, my attention was called to some loud hollowing made by Dr. Flagler, who was in his carriage at the square ; he asked me what he was called down for by Mr. Eowe to night ; I said I didn't know any particular business, except the drawing of his codicil ; " So he told me," answered Flagler ; is he not going toliave an execu- tor for his codicil ; I said I thought the one in the will would answer the codicil ; he said no, that I was an alien to the State, and in case I should die it would be better to have two ; I answered arid said that I didn't care who Mr. Eowe would appoint ; Dr. Flagler replied that he would like to be co-executor with me, as he had a large family, and nothing but his professional labors to support him, and if I could use my influence with Mr. Eowe he would be very thankful ; I said I would ask Mr. Eowe when I returned to the farm ; I told Mr. Eowe of the conversation between us ; he smiled, and said Dr. Flagler had more money than he had, for he had a cider ^nd 429 388 TESTIMONY OF BEV. WILLIAM E. DUFFY. apple-jack mill worth fifty thousand dollars, and " I don't feel a bit pleased at the shabby way he dodged the doctor New York ;" I think Eddie Eowe and my niece were from listening to this conversation ; about 9 o'clock that even- ing Drs. Flagler and Fisher arrived ; Mr. Kowe received them in the dining-^room ; after the usual compliments of the evening, Mr. Howe apologized by saying, " The lawyer hasn't arrived yet;" Dr. Flagler said he hadn't time to walk up from the depot ; about fifteen or twenty minutes the lawyer came in, with a carpet-bag in his hand, and excused himself for detaining them so long ; he immediately opened his valise and took out a large book and a paper — similar to this one shown me — similar to the envelope containing the will to Mr. Eowe — where he was sitting, and spoke a few words, which I didn't hear ; Flanagan retired to the bed-room, when the doc- tors withdrew to the back stoop ; I went with them, staid a few minutes ; returning to Mr. Eowe, I looked into * the bed-room where Mr. Flanagan was writing ; I saw him standing with the book open, and he writing; I then sat down with Mr. Eowe, and conversed about what he was putting in the codicil ; Mr. Eowe said " I told the lawyer all about it this morning ;" with that I went to see Mr. Flanagan, and he asked me for the names of the Bi'idgeport folks ; I went in to Mr. Eowe's room again, and asked him to give me the Christian names of all the friends in Bridgeport ; I took a slip of paper, and pen- cilled down the Christian names, and carried it to the bureau, where Flanagan was ; I then went to the doctots, and sat beside Dr. Flagler for a few minutes, apologizing for the delay ; my attention was attracted by some per- son crossing the hall ; I left the doctors, and went into Mr. Eowe's room, where Flanagan was standing beside Mr. Eowe with a paper something like this, he having a paper in this shape, something like the vsdll, with the leaves stretched out, and herein Flanagan commenced reading the codicil ; when he came to the Bridgeport names, I interrupted the reading by asking Mr. Eowe, 430 "was that all he was giving them.?" he smiled, and said it was more than they ever gave him, and he wished to give them only as much as they deserved, or something to that effect ; I said " it would sound much better if he made it a thousand each instead of a hundred ;" he smiled, and said that it was sufficient ; when the codicil was finished reading, Mr. Flanagan asked if there was a seal to be had ; Patrick answered, and said he thought there was in his bed-room in a drawer, where he kept his letters and letter paper ; Mr. Flanagan said he had to go out to the room and put on the attestation clause ; when he retired Mr. Eowe told me go to the drawer TESTIMONY OF KEY. WILLIAM E. DUFFY. 389 above mentioned, and try and get a seal ; I went, and conldn't find one, but toolv a few envelopes into Mr. Rowe's room ; Mr. Flanagan followed in a few minutes afterwards into Mr. Rowe's room, where he tore off an adhesive piece of an envelope, which he stuck on the codicil, and said he was ready for the doctors ; they were then called in, when Mr. Flanagan said, " Grentlemen, we are all ready to witness this codicil ;" the paper was laid * on a little table, under a looking-glass, and Flanagan, holding the paper, gave the pen to Mr. Rowe to sign his name to it ; he took the pen in his hand to write, but, remembering he wanted his glasses, he searched for them in his pocket, and not finding them he said, "Father Duffy, you will please get them in that drawer where you found the envelopes ; I went and got them, and handed them to him, when he put them on and made an effort to write his name, but the table was upright, so that he couldn't well reach up to it, whereby Mr. Flana- gan steadied his hand till he wrote his name ; then Dr. Flagler signed his name to it ; he then handed the pen to Dr. Fisher, and he signed his name to it; whereon. Dr. Flagler says, " Lawyer, you must now sign your name to it ;" "I guess not," says the lawyer, " the new or late laws " (I don't know which he said) " don't require it ;" immediately after these attaching their names, Mr. Flan- agan went to his valise and took out a bottle of cham- pagne ; I got the cork-screw, when Flanagan filled four 431 glasses, one for Dr. Flagler, another for Dr. Fisher, another for himself, and another for me ; we all drank the health of Mr. Rowe, except Dr. Fishei;, who said he didn't want any ; it was asked " wouldn't Mr. Rowe have something T' the doctor said " No ;" Dr. Fisher then retired, bidding all good-night ; Flagler remained about half an hour, chatting, and gave it as an excuse to Dr. Fisher's not drinking that he had sworn off. _ , Q. Did you ever hear the confession, and administer < '"'•'■ sacramental penance and absolution to Mr. Rowe, or - , whatever you call it? A. I never did ; I had no faculties in the diocese of Newark ; had no faculties to administer sacraments out- side of my own diocese. Q. What do you mean by that "^ A. I mean that no priest has jurisdiction over the people of another diocese, unless they come into the jurisdiction of his parish or diocese. Q. I suppose you mean you have no ecclesiastical power to do it ? — A. Yes. Q. Did Patrick Rowe recei^^e the last rites of the Church before his death; and, if so, from what priest ? 390 TESTIMONY OF KEY. WILLIAM E. DUFFY. A. He did, from Father D'Arcy ; I was present when . . he was anointing him, giving him the holy viaticum ; hut not present whilst administering the sacrament of penance to him, which includes, confession. Q. How long before he died did he receive the last rites of the Church .? A. Five or six days ; his confession was received in the beginning of his sickness ; the first week I went there, in September, whilst I was there, he confessed three times ; he confessed every week while I was there ; it is the custom of the church while administering the last rites to ask the person if his conscience is easy, or if he wishes to make his confession, now that he is about to receive the last sacraments. Q. Do you know whether he received sacramental pen- ance at the same time when he received the last rites ? A. I can't say, as I left the room to procure a blessed candle, holy water, and a towel ; when I returned. Father 432 D'Arcy appeared to me as if he had administered sacra- mental penance, for he had the stole around his neck ; the sacramental penance and the last rites of the Church are different sacraments ; one is called penance, the other (the last rites) extreme unction. Q. Is it always usual in the Catholic Church to ad- minister extreme unction to all persons in danger of death, or who are not expected to survive ? A. No, sir ; there are exceptional cases. Q. You mean, except in certain cases, do you ? A. Yes; such as persons about to be hanged, or those fighting duel^ ; they do not receive the last rites of the Church. Q. Were the sacraments administered to Mr. Rowe in his last sickness, the usual sacraments administered to persons in such condition ? A. Yes; he received all the rites of the Catholic Church. Q. Did you let him know beforehand that Father D'Arcy. was coming to administer the last rites ? * A. Yes; and he wished him to come, as he .said he was a very fine priest to confess to. Q. Did Mr. Rowe understand that as an indication that his death was expected shortly ? A. No ; for hundreds that receive the last sacraments recover their health again, and it is no strange thing for Catholics to prepare and fortify themselves with the last sacraments. Q. Did Patrick Rowe express to you any wish with / regard to the disposition of his clothing and his imme- diate personal effects; and, if so, what was it ? (Objected to.)' A. He did; sometime— ten days before his death, kk TESTIMONY OF REV. WILLIAM E. DUffFY. 391 servant, Catharine Lynch, came to his room, where he / ,. and I were" sitting, and threw herself on her knees, ask- ~ ing a special favor of Mr. Rowe, as he was about dying ; the favor was that he would leave herself and her father the beds they were sleeping on, and the furniture of their bed-rooms ; this Catharine Lynch had lived with Mr. Rowe, as housekeeper, since 1862 or '3 ; (think since '62); her father, some ninety-five years of age, hved at Mr. Rowe's for the past four or five years .; Mr. Rowe an- swered "Yes, Catharine, and any other thing in the house 433 that you or the old man want ; you have been faithful to us, and we know your family for the last twenty-five or thirty years, and it would be very strange if we did not see to you now that you are broken down watching me ; I have been speaking to Father Dufi"y, what disposition he would make of my furniture and my clothing, and after Father Duffy has selected any keepsake, you must come next ; I want him to give all the old clothes to your father that will suit him ;" then turning to me, he says: "Give Richard Halpine any of the clothes that will fit him ; there is some of mine too big for him ; so you can give them to Dick Lawless." The servant was crying all this time, so he told her to go out, and not to kill herself. Q. What were his feelings toward this Kate Lynch ? A. He respected her highly, and so did Edward Rowe ; he went after her to New Haven to keep house for them. Q. Did Patrick Rowe ever express any wish to you, * or give any direction to you, in regard to providing for Kate Lynch ? A. He did ; after she left the room he said : " You must treat that woman as if she was my sister Marga- ret ; you know I told you that you would pay her wages in full, and you must see to the old man as long as he lives, and bury him at our expense." Q. Did he at any time mention any sum of money that he wished Kate to have ? A. Yes ; the December of '^^ he told me that he -wished me to give one thousand dollars to Catharine Lynch ; the motive he had in not mentioning her in the will was owing to remarks made by the Sherlock family about him and Catharine Lynch when his brother died ; 'the remarks were that now Edward Rowe was gone, and ithat Pat would maiTy his old housekeeper ; this wounded his feelings to such an extent that he would not have the Sherlocks to say that when his will would be opened that he would have even her name mentioned. Q. Do you know whether he thought he might have 434 been suspected of having had too much intimacy with Kate .? 392 TESTIMONY OF REV. WILLIAM E. DUFFY. A. He felt so, for these Sherlocks hinted to Father Curran's housekeeper that they expected every day to hear of Patrick's marriage with Catharine Lynch ; Pat- rick remarked to me that the Sherlock's were old grass widows, throwing sheep's eyes at his brother for the last ten or fifteen years, and now that they were disappointed, all that they could do was to blacken his character ; from this I inferred that he thought that they suspected him of too much intimacy with her. Adjourned until 3 o'clock P. M. 3 O'clock, P. M. Case resumed. Rev. William E. Duffy recalled on direct-examination : Q. Did you ever make any sketch or schedule of any will or codicil for Patrick Eowe, except the list of names of the Brigdeport relations, which you have spoken of .'' A. Never. Q. Have you any knowledge or suspicion that Patrick Eowe ever executed any other will or codicil except the will and codicil now offered for probate ? A. I never had any suspicion, nor heard of any codicil or will being made, except the will I see exhibited here. Q. When did you first hear of the bequest of three hundred dollars to Bishop Bailey, for the purpose of building a church in Morristown ? A. At the time of the reading of the codicil. Q. Do you know whether or not Patrick Rowe was under the impression when he died that he owned some land on Long Island ? A. I do ; I remember him saying that Edward had property out, I think, at Flatbush or Jamaica, Long Island, but that Edward had it rented ; he didn't know how long ; that he heard the railroad went through a portion of it. Q. Do you know whether or not it has been sold ? 435 A. I never knew of its being sold. Q. Have you any evidence that it has been sold ? A. I have no knowledge or evidence of its being ever sold. Q. Did you find any papers relating to it ? A. All I ever saw was a receipt from this man (I for- get his name) that had rented it from Edward Rowe ; I saw this receipt when searching the safe with Mr. Rowe for Mr. Costello's papers. Q. Do you remember the visit of Miss Sullivan and Mrs.Leverty to your place, shortly after the death of Patrick Rowe, about which they have testified ? TESTIMONY OF KEY. WILLIAM E. DUFFY. 393 A. I do ; it was in the early part of November, 1867. Q. State briefly what passed between you and those ladies on the occasion of that visit in regard to this con- troversy. A. They arrived there on Saturday evening, when I was occupied hearing confessions in the church ; word was sent over that parties from Bridgeport came there to remain over night ; I sent word to know their names. ' Q. This was after the first caveat was put in, was it not .? A. Yes ; when I learned who they were, I guessed the motive of their visiting, and remained in the church till I got through hearing confessions, which must have been in the neighborhood of ten o'clock ; when I came in from the church I had a formal shake hands and "How do you do ? " asked them "if they wern't fatigued with their journey ; that I would show them their bed ; " the next day, being Sunday, I had to go out on one of my mis- sions, and saw nothing of my visitors until dinner hour, which was about one o'clock ; we had dinner, during which, ordinary conversation occupied the dinner hour ; after dinner we retired to my sitting-room, and had con- versation about my congregation, distance between my churches ; we then commenced speaking about the sing- ing in the church, and which of my nieces were now playing the melodeon in the parlor ; I said my youngest niece; Mrs. Leverty remarked, "if she wouldn't take care, she would spoil her voice, so young ; vesper hour 436 arrived, when I had to go to the church to attend ves- pers ; after vespers I learned my visitors went out a walking with my nieces ; they returned about 5 o'clock, when we had a short conversation upon the size of the village and its business ; we had tea, and after tea we went into the parlor and sat down, my niece playing the melodeon ; for the first time Mrs. Leverty asked me what I intended doing about this will ; I answered, I could only do what the will directed me to do ; she wanted to know, " was it true all she heard about Mr. Kowe ? " I asked her, " what did she hear ? " she said Dick Halpine told her that Patrick died crazy, from being drugged with too much liquor, and that he died a drunkard's death, for Halpine told her in Calvary Cemetery that he used to be shooting devils during the summer months ; I answered and said, as far as I knew, he died a most edifying death ; that Father D'Arcy carefully prepared him, and administered to him the last sacraments ; she remarked, " 'twas very strange that I would not know if it was true ; " I moreover remarked, " that during my time with Mr. Rowe, in his last illness, he never went to rest without saying his night-prayers," and whenever 50 394 TESTIMONY OF REV. WILLIAM E. DtlFFT. pressed hard for breathing he was anxious to implore mercy of God, and told me, "when he could not apeak to continue reciting the Litany of the saints for him ; " she further asked me, "how it was he never acquainted his friends about his last illness, or how it was that I did .''■i not write them ; " I replied that " Mr. Eowe positively forbid me and all his visitors from telling, even his New York acquaintances, that he was unwell ; that he didn't want to be disturbed with visitors when he was feeling so bad ; " she further inquired, "how strange his con- duct must be from the way he acted in Bridgeport, when he last visited her ; it must be true what she heard about him ; " she asked me " why it was he didn't leave more to his friends in Ireland.?" I said "I didn't 437 know ; " she further remarked that " he should have remembered those who reared him, before a stranger ; " I answered that "he knew his own business, and could do what he pleased with his own ; " this, I presume,' hurted her feelings ; she turned the conversation about Morris- town and the auction ; I said to her that " it was rather small business to cause or occasion an administrator to be put over the property ; " she said, " she had nothing to do with it, but the folks at Bridgeport should have their way ; " I said, " they show their friendship when not one of them was there to purchase a single article for a keepsake ; " that " if I was not there, all their clothes and furniture would go to the strangers, notwith- standing Patrick Rowe's wishes, which were to divide the clothes upon the Lawlesses, Halpine, and Lynch ; " tha;t "I had to buy them in at a heavy expense to dis- tribute them according to his wishes ; " I then got a memoradum-book, containing a list of all the articles I purchased ; commenced reading all I purchased, and re- marked that " when Mr. Eobertson would make out my * bill it would be a very large one." ;i Q. Did you tell her that Patrick had made another will beside the one offered for probate ? A. Never, Q. Do you recollect anything about Mr. Eowe's saying to anybody or anywhere that he had lost confidence in Mr. Flanagan ? if so, state it. A. I did ; during our conversation on that Sunday evening alluded to (with Mrs. Leverty and MargarBt Sul- livan^, my niece, Ellen Conovan, said that some day; in the week, after the Sunday that Flanagan and James Duffy disappointed Mr. Rowe in coming to see him, he told her on the piazza, where they were sitting, whilst I was sleeping or resting, that Patrick Rowe said he had little faith or confidence in the promises of lawyers. Q, That was during his last illness ? TESTIMONY OF REV. WILLIAM B. DUFFY. 395 A. Yes. Q. Did Mr. Flanagan fail to come out one Sunday during his last illness ? A. He did ; I received a telegram from him as I was going into the church to say mass, the Sunday I was here, stating he had to go out to Long Branch for three or four days, to close a title, and couldn't come ; when 438 I read the telegram to Patrick Eowe he said he just thought so much ; that he would bet his old hat that Miss Kearney was the title ; Mr. Kobertson was then in- troduced to me by Mr. Kowe ; I had a few words of conversation, and left him conversing with Patrick oh the piazza. Q. Did you tell Mrs. Leverty that Mr. Kowe had wanted to take his papers out of Flanagan's hands, be- cause he had lost confidence in him ? A. I never said any such thing. Q. What did yo.u say to Mrs. Leverty, if anything, about a monument over the Rowe graves ? A. She asked me " wasn't there a monument in Cal- vaiy Cemetery, over Margaret Rowe's remains ;" I said there was, but that I understood from Patrick Rowe that he intended putting up a larger one over them — that is, over his brother and sister — and that, whilst we were visiting the cemetery, on the annivei'sary day of Edward's mass, that he selected one of the monuments as the one that would please or suit him ; she remarked, " that if things didn't go right, that I might be never able to erect one ;" I answered her, and said that if that should happen I would erect one myself at my own expense. Q. Did you ever tell her that Patrick was a mere child, and unfit to do business ? A. No ; I might have said that he had enough of busi- ness on hand to see to his farm, and not to attend to the liquor business ; I forgot to mention a conversation that occurred the Monday morning that Mrs. Leverty left my place ; after breakfast she called me back to the dining- room and closed the doors, and said " she had a few pri- vate words to speak to me ;" she began by saying that " she was sent up to find out what I was about doing in the will case ; that all the friends were very much dis- pleased with the arrangements made by myself and Michael Leverty and Michael Rowe ; that all the women folks, with Mr. Gary, had consulted a lawyer, and they would give me great trouble, if T did not make another settlement ; that, in fact, she might not return to Bridge- 439 port without having something more definite in the mat- ter than I had told her ;" she said " Margaret Sullivan was sent to find out what I intended to do, as her mother was rather poor^ and felt very much provoked that she 396 TESTIMONY OF EBV. WILLIAM E. DUFFY. did not receive more than was promised by me, when settling with Michael Rowe and with Michael Leverty ;" I told her "there was one way only to settle it — that was, accoi-ding to law ;" she left the room — went, out back-ways ; then Margaret Sullivan came to my sitting- room, out of her bed-chamber, where she was fixing for the cars ; said " her- mother sent her up to find out what I intended giving her ;" I told her " I had nothing to give only what the will allowed her ;" she said that " I would have some trouble, for all the friends had combined to fight the will." * v.. Q. Did you ever ask Michael Leverty to intercede with Patrick Rowe, to induce Patrick to have you appointed as guardian, or conservator, over him .'' * A. I never did ; on the contrary, Michael begged of me to use my influence with Patrick, to get Edward's mocking-bird ; I said I would, but forgot all about it, until Patrick had promised it to Diery. Q. Did you tell Michael Leverty that Patrick could be gulled out of his property by New York sharpers, at any time ? A. I did make use of language similar in substance to that used by Mr. Leverty, when we were talking at High Bridge, going to Patrick's funeral — this is wi-ong — when we were walking up Chatham street, the morning of Ed- ward's funeral ; I was going to get shaved, and he also ; I said this : that Patrick Rowe would have to look sharp, or some of his friends, such as Rock, would sponge on him — or, probably, I may have said gull him out of his money. Q. Did you tell Mrs. Leverty, or anybody else, that you had fixed the monument money in the will ? A. I never did. Q. Did you ever have any other notes against Edward Rowe, except those which have been exhibited in this cause, for about six thousand dollars apiece ? A. I had. Q. When, and what has become of them .? A. I had a note of hand of Edward Rowe's for four thousand dollars; I kept it in my pocket until it 440 mouldered nearly away; at my last visit to Edward Rowe, in the month of June, I showed him the note; he took it and tore it up ; he said he would send me notes for the full amount of what he owed me. _Q. What promissory notes, if any, did you show to Michael Leverty ? A. On the day of Edward's funeral, after I let in his mother into Mr. Rowe's house, we had a conversation about Mr. Rowe and his affairs ; I showed him and his mother the letter Patrick gave me the day before, that TESTIMONY OF REV. WILLIAM E. DUFFY. 397 his brother was writing when he dropped dead ; Mr. Leverty asked me " did he pay me the money he owed me ?" (for the Lever ty's knew as well as the Eowe's, that I loaned Mr. Eowe money) ; I said " yes, that I had two notes of hand that were sent me some three weeks ago;" Mr. Leverty said he would like to see them ; I had them in the same envelope which Mr. Eowe di- * rected them to me; so I partially opened the notes to satisfy him ; he said I was kind of lucky ; I answered by saying that Patrick would secure me if I never had a note, for he was aware of the debt ; this, I think, was all, I am positively sure, passed between us on the subject ; I then took his mother over to Sherlock's, and Mike Lev- erty and I went over to Chatham street to get mourn- ing on my hat. Q Were they the same notes that have been pre- sented here ? ' A. They were the identical same notes. . - Q. Do you know anything about a desire or intention, on the part of Patrick Eowe, to continue business in Now York, notwithstanding the sale of 56 Elm street. A. I remember in April '67, he invited me down to stay the few last days in the old shanty, as he called it, and whilst there I understood by him that he would wish to continue in the business ; he said he was very lonesome, and that now he would have no opportunity of meeting his old friends ; that there was a store on the next corner of the street, fitted up nicely by a young 441 man who was refused license, and he was sure he (Patrick) would get his license continued if he could only rent the store ; I should think this was said in the presence of Eichard Halpine, Hugh Lynch, and a few other old friends ; I said "yes, he might continue the business," thinking otherwise in my mind. ,.■ Q. Do you know wJiat his object vfas in retaining / ■ Diery in his employ after May 1st, 1867. (Objected to.) A. Mr. Eowe kept him witha view of getting thecorner store attended to, that he might carry on the business in Eowe's name, and, as I said before, that he might have a stopping place near his old residence ; he further remarked that his health wasn't very good and that he would retain Michael to come in and get the rents in Forty-seventh street. Q. Did you get any letters from Mr. Eowe in the summer of '67 ? A. 1 did. Q. A bundle of letters marked Exhibit E 2, con- ;.,. taining five letters, shown witness ; he is asked, are those the letters .'' 398 TESTIMONY OF REV. WILLIAM E. DUFFY. A. Yes. Q. In whose handwriting are they ? A. In Michael J. Diery's. Q. Do you recollect now when was the first time you : • ever saw Mr. Newshan ? A. The first time I ever saw him, to know him, was on the witness stand ; I saw him come from the cars, but did not know who he was. Q. You stated yesterday, or some other time, that your first visit to New York, after Edward's funeral, was the occasion of the "month's mind;" is that strictly correct ? Ai No ; I remember since I made that statement that I was down the following week for a few days, and that I remember old Mr. Sherlock calling on Mr. Eowe at 56 Elm street, to offer himself as surety in getting his letters of administration ; Mr. Sherlock wished to- see me — as I was up stairs reading^ my office; I con- versed with Mr. Sherlock and Mr. Rowe for about an 442 hour, when Patrick and myself accompanied Mr. Sher- lock to his own door in Centre street ; Mr. Sherlock had promised faithfully that he would be in the Surro- gate's of&ce by nine o'clock; Mr. Eowe offered, or said he would have a carriage in readiness at that hour; but Mr. Sherlock said it wasn't needed, that, unless death or sickness alone prevented, be would be on hand ; we were in the Surrogate's office next morning at the ap- pointed time, and whilst waiting tor Mr. Sherlock's arrival, I got introduced to the Rev. Dr. McGrlyn's mother and sister, who were trying to get letters of administration out upon the estate of their brother, who died very suddenly : Sherlock didn't come ; Patrick felt very much aggrieved, and said it was the women pre- vented him ; I learned it was so the next time I called on him ; he begged me to excuse him to Patrick — that there was no family in America that he respected so highly. Q . You collected from Patrick Rowe five hundred dollars for money loaned Edward in his lifetime, not included * in the two notes ; tell us about that. A. The last night I was ever in Edward's company, it was with Philip Carlin ; he challenged either of us ' '• to buy some gold he had got' in the day before fi-om a ' _ friend that didn't want any one to know he had to sell ■ ■ his gold, and that he would let Oarlin or myself havB it at ten per cent, advance ; I said I would give him five ; he said that was under the market price ; I took out a bundle of bills, in a joking manner, and asked if he would give the gold for that ; he took the bills and counted them, and found there was five hundred dollars in the TESTIMONY OF RET. WILLIAM E. DUEFY. 399 bunch; he laughed at my simplicity and put the money in his pocket and joked about it ; after Carlin left he asked me did I need the money ; I said no ; he replied, I will use it for a few weeks, as he had given all the spare bills he had for the gold ; that was the occasion of the money demanding it of Patrick ; he told Patrick about it in his sickness. Q. And Patrick recollected it, did he .? A. He did. 443 Q. Did you remind him about it on the 7th of Decem- ber, when it was paid you? A. Long before that. Q. How came you to take money out of Patrick Rowe's safe, in his illness .? A. When I went there, in the beginning of September, Mr. Rowe wished me to see to the wants of the house, as there was a great many calling and visiting him, and the servant had no money to make any purchases of meat, or (' other necessaries for the house ; he told me to go to the wash-stand, at the foot of his bed, and get the key of the safe, as there was small change and pennies that she might use ; I found, as I opened the safe, a few little bags of penny pieces, which he ordered me to leave in the kitchen ; I asked him, did he sell his gold ; he said no, that it was in the little drawer in the safe, with his watches ; when I went to unlock the little box, the eUdes gave way ; so I took out the box and carried it to the chair where Patrick was sitting ; looked for the gold, and found there was only ninety-five dollars in it ; in- stead of three watches, there was only Edward's gold ' watch and his own old silver one ; I ask ed him, w here did the gold or the watch go ; he said he did not know ; I asked him who had access to the safe ; he said, Michael / J. Deiry, Richard Halpine, and httle Eddie ; that Catha-' line might go to it, for she knew where he kept the key ; I asked him which of them did he suspect of taking it ; he said it was hard to tell, but whoever took it, took more than that ; I said he was smart ; " Yes," he says, "I'm smart after a hog in a narrow lane ;" he told me to get the key of the liquors, that was in the same drawer, and keep it, with the key of the safe ; I could not find the key of the liquors; so the next, or may be that, night, Richard Halpine came from New York, with a valise full of peaches ; Patrick asked me to give him (Halpine) a drink, and I made mention that there was no key for the liquors ; at that, Halpine put his hand in his pocket, and said, "I forgot, I took the key with me" — took it out and handed it to Patrick, and Patrick handed it to me ; 444 BO I went and got the drink for Halpine ; he told me then to keep those keys, so that nobody could be fooling 400 TESTIMONY OF KEV. WILLIAM E. DUFFY. him ; now, on the occasion of taking the gold out of the safe, a few days before his death, in the presence of Eddie Eowe and my neice, it was, all told, ninety-five dollars in gold ; we then searched his pockets, hut could find nothing in his pants pocket ; but in his vest pocket there was an old pocket-book, containing forty-five dollars in bills, and a few new ten-cent shinplasters, and a small paper around them, stating, " These belong to Edward ;" I gave the gold to Mr. Flanagan ; he exchanged it, and told me he got one hundred and twenty-five dollars for it ; Patrick knew I took the things out of the safe ; he was in the room ; he said he did not know as he had a cent at all about him, as he was searching his pants pocket and could not find any. Q. Did you, or Patrick, know at this time time, that Lawrence Eock had had access to the safe ? A. He never mentioned his name ; he had not, as far as I know, and I could judge from the manner in which he spoke — " that them that took it took more" — that he knew who took it ; the way he said it, I thought he knew who took it. Q. How came Mr. Flanagan to come out there so often, in Patrick's last iUness ? • A. Well, I think it was friendship — to see Mr. Eowe.; probably he had an inkhng to come and see a neice of mine. Q. On the Sunday that Mr. Flanagan failed to come 'out, as he had promised, did Mr. Eowe appear to be dis- appointed at his not coming ? (Objected to.) A. He didn't give up hopes of his coming, until three or four o'clock in the afternoon ; thought he might drive out ; he expected my brother James with Mm. Q. Did he appear glad to see Mr. Flanagan when he came there, or not, when he would come there .? (Objected to.) ~ A. Yes ; he always shook hands, in a very friendly 445 manner, and Mr. Eowe would feel very much disap- pointed when he would fail to come out as he promised ; ^ , but Flanagan makes more promises than he can fiU ; I heard him say, on one or two occasions, he would be out \ in the afternoon, and would not reach there till ten o'clock ; he would take the late train ; he usually got > here about half-past nine or ten o'clock at night ; went -.■ t ^way, usually, on the first or second train, at six or seven o'clock. Q. Did Flanagan go to bed as soon as he got there, or how did he spend the night ? A. No; he used to sit up with me, in the room with others, watching Patrick ; some nights he didn't go TESTIMONY OF REV. "WILLIAM E. DUFFY. 401 to bed at all ; other nights he retired about twelve o'clock. Q. Do you know whether or not Mr. Eowe desired his (Mr. Flanagan's) visits which he made f (Objected to.) A. I did ; he used when parting with Mr. Eowe he always asked him, " when are you coming again .? " Q. What were Eichard Halpine's habits as to drink? (Objected to.) A. He seemed always well pleased when he got his horn ; during my time in Morristown, in Patrick's illness, I had occasion to see Eichard Halpine twice or three times every week; he used to come out at night and return early in the morning to New York; I observed, on dif- ferent occasions, that he was under the influence of liquor ; one night in particular he undertook to sleep on a sofa, in the hall^way ; during the night there was a noise made (I was watching up every night) in the room where the liquor was, as if somebody had knocked against something ; Mr. Eowe wanted to know what it was ; I went out with the candle, and found Eichard Hal- pine standing in the middle of the room shaking his hand, intimating to keep silent ; he came and lay down on the sofa again ; I returned to the room and told Pat- rick it was Mr. Halpine made the noise ; he asked me where he was ; I said he was lying on the sofa in the hall ; he said he would freeze to death there ; told me to throw a comfortable about him ; Mr. Halpine did look 446 blue enough with cold, so I gave him a horn ; about an hour or so afterwards he came into Mr. Eowe's bed- chamber ; I was after administering morphine to him, and whenever I did he went to sleep ; Eichard Halpine pressed me to let him sit up a while, while I could sleep; I was not more than three quarters of an hour on .the sofa in the hall, when I heard very loud crying ; I jumped up and went into the bed-chamber, and found Eichard Halpine crying aloud at the death of his dear friend Patrick Eowe ; he was lying across him in the bed ; I took hold of him and had to shake him before he spoke ; he said his best friend on earth was dead ; I said he was only sleeping from the morphine, for he breathed heavy when under the influence of that medicine ; Hal- pine went into the hallway, and cried out as loud as he could, so that all the women in the house came around, with Eddie and Flanagan, to see what was the trouble ; after a little Patrick woke, and looked very wildly upon us all, standing around his bedside ; he asked where * was Father Duffy ; I said I was here, (sitting in a chair at the foot of the bed, where I always sat when watching him ; ) " what is all this about, Father Duffy," asked 51 402 TESTIMONY OP REV. WILLIAM B. DUFFT. Mr. Eowe ; I said Dick Halpine woke them up crying, and saying that you were dead ; " I wouldn't doubt the silly goose but he was taking too much liquor," said Mr. Eowe ; on looking at the bottle, I found it was all gone, so I concluded he went a little too far that night. Adjourned until elevea o'clock Friday morning, April 9th, 1869. Fkiday Moeuing, I 11 o'clock, April 9. j Oase Besnm&d, Rev. William E. Duffy, recalled on direct-examina- ■Q. Did it take much of a drink to operate on Eichard ? 447 A. Well, he would bear a stiff horn; when he got one h« was very anxious to get the second; then he be- came sympathetic; he would cry or laugh in the same moment. Q. Halpiue testified that you told him that Mr, Eowe considered him a short liver, and didn't want to leave him much money for fear some of it would go to his (Halpine's) relations; how about that.? A. I never told him such. Q. What were the doctor's orders as to giving Patrick his nourishment and stimulants, milk punch and the like? A. In the beginning of iis sickness, when I had care of him, beef tea, beef soup, and crackers were his prin- cipal food; latterly brandy, mixed with boiled milk, was admiiaistered to him every half hour, two or three table- spoonfuls. TESTIMONY OF REV. WILLIAM E. DUFFY. 425 Q. What opinion or advice did he ask of you, in re- lation to the making of his will ? A. He asked none whatever. Q. Did he ask or intimate that he would like to have any assistance from you in the preparation of the will; if so, what was it.? A. None whatever. Q. Did you discover why, or for what, he wanted to see you before making his will, and why he had put it off imtil you got there.'' A. I discovered none whatever, except the anxiety that one fiiend has to see another dear friend. Q. Didn't you think it strange that he had sent for you to come there and see him, and had been putting off the making of his will until your arrival, and after you '* got there he didn't ask your opinion or advice in relation to it? A. It was nothing strange to me; I used to go there as I would to my father's home, every time I had an op- portunity. Q. Did he say anything to you about what provision he would make in respect to a monument over has broth- er's grave, by his will ; if he did, what did he say upon that subject.'' A. He didn't say anything about a monument at that time; sometime previous (I think it was in August) we had a conversation, that his sister's monument was shabby-looking and faded. Q. Did he say anything about an intention of leaving anything' for the benefit of the pastor of St. Andrew's Church, in Duane street? A. Not at that time. Q. When did he? A. I think in December, afterwards. Q. Ever before December? A. Never to my knowledge. Q. On that occasion did he have any talk, with you, what he would do for Edward Howe and Richard Hal- 474 pine; if so, state what he said as to his bequests, to tlieni? ... , ' A. Not one word; he was- a man that kept his own secrets. ' -• '''" • •'"■ _ " ,. Q.' Did he say' anything abcrat his intention to make a bequest to Michael J. Diery; if so, what reason did he give for that? '■: ."• _ ' • A. He made no allusion whatever about Michael J. Diery. • ' • Q. Did he say anything about a bequest to the Roman Catholic Reformatory, of the City of New York; if sq, what did he say about that? 54 126 Ti'^ilM'bNt ^F BEV'. WILLIAM E. ^EetWF-E. A. He tQEtde «o Mltision to that either. Q. Had he, at any time previous, said anything to you about it; if so, when? A. I think I heard him speak of it in August, saying his brother was a life member 'of the Catholic Eef brma- tory, and that he wished to be a member also of it; i said he could by paying Edward's annual subscription. (^. Did he say anything about his intention df maki'ng them 'a bequest.? A. No, sir. ^^. Before this will #a's made, did he ever ask Jfou '* about what Wo'uld be best for him to do in respect to I'fegadies to Veligiotis or charitable 'uses? A. -No. Q. When you w'ei'e at 'his place, in November, 1866, 'Sid 'lie have any conversation with you afe to what 'he thought of giving to his friends and relatives in Ireland-— Nic'holais Mora,ti, Michael Moran, Michael Fay, 'James ■F&j, arid Mr. *Fa!rnham, * a*iy of themP A. There was no mention of any of them a/t that tim'e. ■Q. Did Ife saV a'nythi'b.g to you about.giving Anything to tlie ArchbiAop of New York for erecting a cathe- dral.? A. He d^id flot. Q. Did he say anytMng to you about whether you '■^ould'Etct'te Ejfec'utor, or about who he wished'or thought of appointing as Executor.? ' A. Not atth^t time; Wheii I ca'me down in Decemlaer to told irie, lEdWard, in 'his sicfkness, 'mentioned my name, and that he fixed it so. Q. Didn't you ask him in November, when he -^aid he was contemplating making his will, hoW he thoiught of disposing of his estate? 475 A. No, sir; I did not. Q. Why didn't you? A. I d'id'n't e^ect'he was going to dTaw his will as sdcfn as "he did. Q. Why did you think he Wotildn't do it as soon -as he did? A. From ^he fatdt df his oitly in'timatirig that he wo'uld make his will. Q. W^'s there a-riy idemdrariduiii made on that ocfca- yidn,'sbowirig the 'names of the ipefsdtis who were 'to be the objects of his bounty, and showing the'femount to be ^ivdn to etich'? A. None whatsoever that I am aware of. Q. Didn't 'he ask ydii if you couldn't Write'his will for MtQ? A. He did ^ot, TESTIMONY QF RBV. WmlAK E. nyKf^.. 4^X Q. What was said as to who would write it? , A. Nothing that I can remember. Q. Was the subject of that will spoken of on Thurs- day after you had packed the books (next day after)? A. Not that I remember, Q. Then, the only time yo,u had any convetrsation with him at that visit about making his will was while you and he were picking out the books, was it? * A. I think I stated in my direct-pxaminatio^ that he hinted it, before we went to pick the books, ^t^en, he spoke, about his illness, and at the time we were picking out the books. Q. Did you do any writing while at his house pn that occasion, in November? A. No, sir; to the best of my recollection., I m,ight have written on a card my direction that wag to go, on the boxes of books. Q,. Did you not write the p,aper that Michael J. Diery put his name to as a witness? A. I never saw any such paper, much less to write it. Q. Whereabouts in Patrick Rowe's house were the writing materials kept^-.56 Elm street? A. In a drawer or desk behind the counter, I think- Q.. When you did a,ny writing there, where did you usually do it? A. I never had much occasion to write there; when I wrote I generally ■wrote on the back of envelopes foj" Edward Bowe that he might send me; I wrote njy own, 476 address-; he thought I was a better writer than he. Q. You had some talk with Patrick Bowe, about his will, in the month of August, 1866, did you not? A. Yes. Q. Where was .that? A. I tliink it was at the store, or when "v^e vera taking our meals together; won't be be positive. Q. What did he say about it then? A. He stated that Edward was very muqh troubled in his last iHness, and wished I was around that I might fl? 9,nd arrange his affairs; that he intended having me his jixecutor, and that when be (Patrick)- would draw his will, he expected for me to be his Executor. Q. What else? A. We had other conversation, as is cusioiwary when people are diniiag. Q. Did he state how, or to. who,, he was going tp dis- pose of his estate? A. Not that I remember; Q. Did he say anything about your dravnc^ it for him? 428 TfiSTIMONY OF REV. WILLIAM E. DttFFY. A. No, sir. Q. Anything said as to who should draw it up? * A. No. . ; Q. When you came down from Thompsonville, in No- vember, 1866, did you not bring with you a memoran- dum, draft, or schedule, of a will, to be made by Patrick Kowe? A. No, sir; never did, to the best of my memory, nor ever saw any such thing. Q. Did you get a letter from Patrick Kowe, shortly before coming to New York, in the early part of Decem- ber, 1866.? A. Yes, I did. Q. In whose handwriting was that.? A. In his clerk's. Q. Where is that letter now.? A. Can't say. Q. Have you looked for it lately; and, if so, with what success.? A. When I was searching for my other letter I looked for it, and could not find it; it may be in the bundle of letters that is in my counsel's hands. Q. What did Patrick Rowe teU you about his wiU, in ■ December.? A. He told me he had made his will; I asked -to see it, for I was anxious to see the items; he said that he ' couldn't, that he would tell me the principal part of the 477 items; so he enumerated, how he had given to the new cathedral, in New York, the same amount his brother Edward did; and that he gave the Sisters, in Houston '' street, a nice penny, as they always made shirts for him- self and Edward, and he used to hear Edward saying' he would never forget them when drawing his will; I think he stated that he left some to- Father Curran' s Church, but he said if Father Curran would die, he could not dispose of the legacy, that it should remain for his successor to carry out his wishes; he went over the other items, such as he gave consideration to Richard Halpine, Michael J. Diery, and he didn't forget the other friends, in Ireland; I think it was on this occasion he said to me,> that his servant,- Catharine Lynch, would be very angry with him, if she found out her name was not mentioned, for he told her he was to give her fifteen hundred dolMs-; ^ "But you know," he' (Patrick) said to me, "that I wouldn't mention her name for any money, to give the Sherlocks an opportunity of sa3dng that I thought more of her than the friends; but, as you are Executor, I ex- * pect you will pay it to her out of the estate;" mentioned something about a monument, that would be large enough to have his brother's, his sister's, and his own superscrip- 1?ESTIM01IY OF REV. WILLIAM E. BtJFFY. 429 tion on it; I think it was at that time he said, that I should be very careful about seeing that mo one would cheat the estate out of a dollar, for his brother Edward had some difficulty about proving a will, that he witnessed for some man in New York, who died with the pen in his hand, and merely left it against the paper; so Patrick said he was very much afraid of lawyers, for the whole of that estate was eat up to prove it. Q. Did he tell you where you would find the will, in the event of his death? A. He said it was in safekeeping; never told, though, until his last illness. Q. What place did he have this conversation with you, in December? A. Up stairs, in the room I used to sleep in. Q. I suppose you knew where the will was at that time, didn't you? A. No, I wasn't positive; T had a suspicion. 478 Q. When he was telling you the provisions of his will, and what he wanted you to do, how was it that you didn't ask him where the will was, in the event of his dying suddenly? A. Because the Kowes were always very particular about their papers ; they generally kept them very safe; under lock and key in the safe; and they were in the habit of keeping valuable papers for a great many of their friends and acquaintdnces. Q. You supposed it was then in the safe in the liquor store, did you? A. Don't know what I supposed; had a general idea it was in a safe place, so that I didn't insist further when he refused showing it. Q. You said you had a suspicion where it was; where did you suspect it was? A. My suspicion was, that it was in the safe, in the room off the store, 56 Elm street. Q._ Who informed you of the day the anniversary mass was to be held? A. I think it was Mr. Flanagan. Q. Where is the letter Mr. Flanagan gave you that in- formation in? A. Don't know where it is now. Q. You stated that Mr. Patrick Rowe, shortly before his death, told you to have the deed for the farm here at Morristown, and the deed for the property in New York recorded; who were present when he told you to get these deeds recorded? A. I didn't state about the deeds in Morristown prop- erty recorded; I stated, when I was going to New York to look up a priest, Mr. Rowe told me to have the deed TESTiIMONT OF REV. WliHAM B. WW.tf. fou tlie Tip-town property recorded; I sbowld tbiltk ther^ %ras no person present. Qk, Whereabouts wa& he. when he told you that? A. Sitting in liis easy-chair, in, his bed-room. . i Qk Who did get that deed recorded- — that is, who left it at the Register's olSce?' A. I can't say; bu.t suppose it was Mr. Flanagan, for i told him what Patrick wished me to do. Q,. Did you see the deed that day; if so, where.'' 479 A. I think I saw something like -a deed in Mr, Flana- gan's office taken out of the safe; I didn't look into it. Q.' Did Mr. Flanagan go with it or send it to the Register's offiice while you were there .^ A. I don't remember. Q. Did you take any written order, from Mr; Bow.e to Mr. Flanagan, to have that deed put upon record.^ A. No, sir. Q. At the time you told Mr. Flanagan to have the deed recorded, did you see the deed for the farm, where Patrick was living .5* A. Yes, sir; he took out a bundle of papers, and pulled two out, and said, "This is the one for the up-town property, and this for the Morristown property." Q. Did he give you the one for the Morristown prop,- erty.? A. No, sir;, Mr. Flanagan said he would be out that evening himself; I could not wait f6r him. Q. Did you tell him to have that recorded tooB A. Mr. Rowe didn't want that recorded until after his * death. Q. When did Mr. Rowe say that? A. At the time he was speaking and wishing me to record the New York deed. Q. Why did he want the one recorded a^d the, ^tha not recorded in his lifetime? A. The reason assigned by him was, that it would look strange to have the one in Morristown recorded; that every person would find it out before his death, and* that he didn't want any one to know it until after. Q. Who did have that deed recorded-r^I mean for the Morristown farm? A. I think it was Mr. Flanagan; am, sure it was. Q. Was it done by your direction? A. Yes; he wanted me to come and take a ride on his horse (a new horse he had purchased); I said ^'No, I would walk; " and then he said he would oblige me, and leave it himself at the Record office. Q. Why did you leave those deeds in Flanagan's ipos- 480 session from the time Mr. Rowe ,gave them to you until the time they were put on record .3 , TEBTIMTONt X5P REV. WITAIAM E. DtJFFT. 431 ' A. Because he had a fire-proof safe, and I had none at my place. /^ Q. Did yon pay Mr. Eowe anythmg for either of thosft deeds; and, if so, how much.? (Objected to, as irrelevant, and counsel advises the witness not to answer the question unless he chooses.) A. I decHne. Q. Why do you decUne? A. By advice of counsel. Q. Are you afraid that yOur ainswer to that may crim- iliate yon in anything? A. I'm no lalvyer ; if I was, I would not have to lih-e one to give me counsel. Q. Question repeated. A. I'm neither afi-aid nor ashamed of any crimination in answering the above question. Q. Then I would like you to tell whether you paid ariyrthing for either of those deeds; and, if so, what it was? (Same objection as before, and also as a mere ■repetition, and as a foolish waste of time, as the true character of the transaction, in regafd to the deeds, is as transparent as liglit.) A. By advice of counsel it needs no answer. Q. What is thfe value of the New York property, con- veyed to you by that deed? A. Couldn't say; I'm no real estate broker. Q. What is your judgment or opinion of its valne? A. My opinion and judgment can only be based ulpon what they cost. Q. What is it — your opinion? A. My opinion can oflly be based upon what the property cost when it was purchased. Q. That does not answer the question. A. They may be worth three thousand, and may be thirty thousand; I am no judge of property, of 'its Value, in New York. Adjourned until 7:30 o'clock this evening. ^ 7:30 O^CDOCK P. M. Case resumed. Rev. Wm. E. Duffy, 'recalled on cross-examination. 'Q. Yoti^-^ated that Patrick confessed, every week flur- 482 ing his last'illness, to Father D'Arcy; how do you kiiow that fact? A. Prom the fact of both telling me. Q. Did Patrick ever confess to you? 432 TESTIMONY OF KEY. WILLIAM E. DUFFT. A. No, sir; never. Q. When that watch wa,s discovered to be away from Mr. Eowe's safe, who did you suspect had taken it.!' (Objected to, as suspicions of the witness are not evidence.) A. I had suspicions of those parties that had access to the safe; I didn't know which. Q. Didn't you say to Patrick Kowe, and others, that Michael J. Diery had stolen that watch, or that you be- lieved so.'' A. I may have hinted it, but I didn't express myself in that way; my suspicions were upon those parties that had access to the safe; couldn't say which of them. Q. What did you say about Diery's having stolen it, or that you believed he had stolen it.? (Objected to, as irrelevant. A. From what Mr. Rowe said at the time of discover- ing the loss of the watch, that them that took it took * more, I had a suspicion that it might be Diery, and I had a suspicion that it might be Rock, for he had access to the safe, looking up papers. Q. The .question is, what you said about Diery's taking it. A. I can't remember the exact words I used on that "occasion. Q. Did Patrick Rowe use spectacles.^ A. He did; little eye-glasses, on the nose. Q. How long had he used them before his death.? A. May be two or three^ years. Q. He was a very temperate man, you thought, did you notp A. Yes, sir; I considered him a temperate man, until the doctor and the servant told me he was drinking on the sly. Q. Didn't you know very well that the reason Edward Eowe had for putting him op the farm was to keep him away from temptation of excessive drink, and to keep him from excessive drink.'' A. I never knew any such thing; it was to recover his health, which was ailing; he had the erysipelas in his feet, at the time Edward purchased the farm, and I un- derstood from Edward that it was to recruit him — build 482 up his health that was impaired from his confinement in the store; he used to go to no place except to his meals, after he broke his leg; Edward told me it was a great God-send that he had the farm secured; that Patrick could get good air and recruit himself; I knew further, that every time I visited the farm with Edward after Patrick had come out here, that Edward carried in a valise some liquors, such as wine, that Patrick might have to treat his friends and visitors from New York. TESTIMONY OF EEV. i^riLLIAM E. DUFFY. 433 Q. What did Margaret Rowe do, when she lived with her brothers, 56 Elm street? A. She kept house for them. Q. Did she ever do anything?— was she not as helpless as a child, so far as housekeeping or any labor was con- cerned? A. I never saw any one cook there but her; there was a little girl of the Lawlesses there, that used to go out and do the shopping, but she was too young to cook or do general housework; saw Margaret cook there and at- tend to the wants of the house. Q. Name some particular things that you knew her to do? A. What all housekeepers do; see to the wants. ^ * Q. Did you ever see her make or mend any clothing of any kind? A. Yes; I see her fix my stockings, hem my handker- chiefs, and attend to her own wants in sewing. Q. When was that? A. When I was spending my vacations there. - - Q. When was it that that reUc was taken out of your ' ■ ' vest pocket? A. Michael Leverty told me the day of the auction sale that he took it when he was searching up papers. Q. When was that? A. Don't know the date of the vendue; it was a very wet day, and it was adjourned; it was that day that he told me; he didn't state what day. Q. Who was by when he gave you that? A. I think no person; he called me into Mr. Rowe's store-room, asked me to forgive him for all the trouble he put me to; he was very sorry for taking this out of my pocket; hoped I would excuse him, that he was well satisfied that I would do what was right, and that he now withdrew from further troubling me. Q. You are right sure that Michael Leverty did not 483 see that bone for the first time when you produced it here in the Surrogate's office? A. He seen it before; must have, when he took it. Q. You say that relic is a bone of one of the recog- nized saints: which one of the saints did it come from? (Objected to as irrelevant and ag a waste of time.) A. I cannot tell the saint's name; it was given me by one of our priests that studied at Rome; he assured me it was a genuine relic; that he received it from the hands of Cardinal Barnabo. Q. Did I understand you correctly when I understood •you to sary that Mr. John Flanagan is your counsel? A. Yes, sir. 55 434 TESTIMONY OF ABEL CROOK. Q. How long has lie been so? A. He is my counsel since the death of Patrick Eowe. Q. 'VSfas he before that; and, if so, how long? A'. I had no occasion for his, services before that. Q. Please answer the question? ,,j A. I don't think that he was until then; had no re- collection. Q; Wh^n were amicable relations between you and John Fltoagan first established? A. Mr. Edward Bowe, some two or three years, I sl^ould thin]j, before his death, called me down stairs, when visiting there, and introduced me to Mr. Flanagan, ■who had come tp see me; I think that was the first time I saw him in this country, and from the time he was a child. ■ ' Q. Were your relations with him friendly from that time on? A. I think I never saw him again until the funeral of Edward; might have seen him once; have no recollection, Q. What occurred at the time you were introduced to hiinby Edward Eowe? A. Notbing more than that he heard I was in town, and called to see me. Q. Was Patrick Bowe present at the time you were introduced to Mr. Flanagan ? A. I' think not. Q. Did' Mr. Flanagan state why he had called on you, and sought your acquaintance at the time you were in- troduced ? A., No, sir; merely called to pay a friendly visit, as others used to^when they would hear I was in town. 484 Adjourned until Wednesday night at 7:30 o'clock. Wednesday Night, 7:30 O'clock. Nothing done. ■ Adjourned until 9:30 o'clock, Thursday morningr Thursday Morning, 9:30, A. M. Case resumed. Present — Pitney, Counsel for Executors ; Vanatta, Counsel for .CqLveators ; and Parties. The evidence of the Eev. William E. ^-Duffy was suspended, fpr the purpose of examining Mr. Abel Crook, for his convenience. Abel Crook, a witness called on the part of Executors, syjorn; TESTIMONY OP ABEL (JBOOK. i0 Examined by Mr. Pitney: Q. Where do you live? A. 74 Sand street, Brooklyn. * Q. What is your age.? A. Twenty-six years old. Q. What is your profession.? A. I am a lawyer. Q. Where is your office? A. 106 Broadway, N, Y. Q. Are you acquainted with John Flanagan, now present; and, if so, how long have you known him? A. I have known him since the fall of '63. Q. How intimate have you been with him? A. Very intimate for the past four or five years. Q. Been in the habit of going to his office frequently? A. Yes. Q. What was the occasion of your going to his office frequently? A. He has been referee in causes in which I was attor- ney; I have been referee in causes in which he was attor- ney; we have talked over cases together, dined togjether, and met socially on many occasions. Q. Were you ever acquainted with Patrick Rowe; and, if so, when did you meet him? A. I became acquainted with him at John Flanagan's office, in Nassau street, N. Y. Exhibit T being shown witness, he is asked: 485 Q. Do you recognize that picture? if so, whose is it? A. That is the picture of Patrick Rowe. Q. How often did you meet Mr. Rowe at Flanagan's office? A. Perhaps six or eight times in all. ■ Q. On those occasions did you get acquainted with him: I mean beyond a mere recognition. of his featiires ? A. Yes; I have conversed with him, and have dined with him. Q. So far as you observed, what genei;ally brought him to Mr. Flanagan's office; what did he seem to be doing there? ' ' " A. With one exception, I am not aware, that I ever saw him doing anything in the way of business; ap- peared to be visiting Mr. Flanagan. Q. Do you know whether he l^ad opportunity to know that you were on intimate terms with Mr.i Flanagan? A. My greeting with Mr. Flanagan in his presence was always of the most friendly description; we alw^iys called eacb other by our Christian names, and I never had any difficulty in obtaining access to ^Mr. Flanagan, even when the outside office was full of persons waiting to see him, and Mr, Rowe could pot have failed to have ''• Been tjiis, 4S6 TESTIMONif- OF ABEt CEOOK. Q. You say, '^ with one exception, you never saw Mr. Eowe doing any business with. Mr. Flanagan;" what was the one exception? A. Mr. Flanagan was drawing his wiU. Q. How did you ascertain that that thing was being done.? A. I called at Mr. Flanagan's office; saw Mr. Eowe in his office (it was in his private office;) I addressed myself to Mr. Flanagan; found he was busy; I then addressed myself to Mr. Kowe; sat down by him on^ the sofa or lounge, and conversed with him for a few minutes, in the course of which he (Mr> Rowe) told me he was making his will; I saw also the paper itself, which Mr. Flanagan was then engaged in writing; I' then left the office. Q. You said you saw the paper on which he was writing: what indicatiops, if any, did you see as to what it was.? A. I merely saw that it was subdivided in divisions. Q. What kind of paper, what class of paper, was it.? A. Legal cap. 486 Q. Do you recollect what time of day this was.? A. It was about noon. Q. Did you observe anything peculiar about Mr. Eowe, on that day.? A. No. _ _ _ Q. Any signs of intoxication? A. No. _ Q. Did you suspect either present or recent overdrink- ing? A. No. _ _ ■ Q. What other conversations did you have with him, except what you have mentioned, if any? A. When he told me that he was making his will, I .replied, that he could not get a better man than Mr. Flanagan to draw it; he, at that time, spoke to me very highly of Mr. Flanagan; seemed to feel very much at- tached to him; told me of a place he had in the country; that was about the tenor of all the conversation we had. Q. Did Mr. Flanagan take any part in the conversa- tion, or pay any attention to it, as far as you saw? A. Not in the conversation between Mr. Rowe and myself; I conversed with Mr. Flanagan upon entering his office and upon leaving it. *' Q. Did you hear of Mr. Eowe's death, shortly after it occurred? • A. The first I heard of his death was in the office of Flanagan & Gross, on the occasion of his picture being shown there by Mr. Flanagan; that must have been some time in the spring of last year; that was the first I heard of it, TEStlMdl^Y Of ABEL CKOOK. 437 Q. Did you make any remark when you saw his pic- ture? if so, what was it? (Objected to.) A. Mr. Flanagan informed me of his death, and I then told Mr. Flanagan of this occurrence in his office. Q. You refer to the time the will was being drawn? A. I refer to the time I had the conversation with Mr. Rowe, which was the time the will was drawn. Q. Had you any acquaintance with any of Mr. Eowe's relatives, or of the old frequenters of his drinking- saloon? A. Not to my knowledge. Q. Were you born in this country? A. Yes — Brooklyn. Q. Are you a Catholic, or Protestant? 487 A. My parents were both Presbyterians; I am not a member of any church; my wife, and all her family, are Baptists. Q. Are you acquainted with the Rev. William E. Duffy, now present in the room? A. I am. Q. When did you get acquainted with him? A. Something over a year ago. Q. Before, or after, the occasion of the drawing of the will? A. It was after that; my impression is, that it was after Messrs. Flanagan & G-illen dissolved partnership; think it was in Mr. Flanagan's present office; had heard of him before that. Q. Did you see anything of William E. Duffy, on the day you saw Mr. Rowe and Mr. Flanagan together and the will was being drawn? A. No. Q. Was any person in Mr. Flanagan's private office, besides yourself, Mr. Rowe, and Mr. Flanagan, on the occasion you referred to? A. No. Cross-examined by Mr. Vanatta: Q. What is your age? * A. Twenty-six, last July. Q. When were you admitted to the bar? A. In 1864. Q. Office always been at 106 Broadway, since you have been admitted to the bar? if not, where else? A. Always there. Q. Are you in business alone, or in partnership with some one? if so, who? A. In 1863 I entered the office of Abraham B. Tap- pan, who was then Prison Inspector, as a student and olerk; at the time I was also studying law with Professor 438 TESTIMONY OF ABEL CEOOK. -Dwight, Columbia College Law School; I received, my diploma from that school, in May, '64; was admitted to bar, on motion, September, '64; I remained with Mr. •Tappan until January, 1868, when he became Judge of the Supreme Court, when I succeeded to his business, which I still retain; during this period, I was not only acting ascierk for him, but was also practiciog for my- self; I have no partner. Q. Were you ever a visitor at Patrick Kowe's place, 56 Elm street; if so, when did you commence to visit there.? A. I never went there. Q. When and where did you first make your acq[uaint- 488 ance with Patrick Eowe.^ A. It was in the summer of '66, at Mr. Flanagan's office. Q. What time in the summer of '66? A. About August, I think. Q. What time in August? A. I can't give you the date; I know, it was in the latter part of the summer. Q. By what circumstance do you place it in the latter part of summer? A. By the fact that Mr. Flanagan was occupying, not only his own private office, but the. adjoining office of another attorney; the peculiarity of his name struck me at the time, and I remarked it; I remember his name's being posted over his desk, and. Mr. Flanagan only occu- pied that office during the latter part of that summer. Q. Who was the attorney who had been occupying that office to whom you refer? A. Volney S. Fulham; there was somebody with him; can't call the name now. Q. This was after Fulham had left the office, was it? .A. He was absent in V.ermont then; he still occupies * the office — at least his sign is up. Q. What do you mean by saying that, Mr. Flanagan was occupying his office; do you mean he had removed from the office, or had not? A. I frequently found him sitting in that, office. Q. Do you mean he was sittmg in that office? A. At Fulham's desk. Q. Fulham had not abandoned the premises then? A. It was still his office; he was absent. Q. What was the occasion of his absence; how long had he been absent? A. I only know from what Mr^ Flanagan told me; I have not the pleasure of Mr. Fulham's personal ac- quaintance. Q., Was this introduction of Mr. Rowe to you in that ipfficeof Fulham's, or where? TESTIMONY OF ABEL OROOK. 439 A. I don't remember. Q. What was the occasion or the circumstances utider which you were introduced to Patrick Rowe? A. I met him on the occasion of my calling on Mr, Flanagan; not aware that there was anything peculiar about it; Mr. Flanagan is in the habit of introducing me to nearly all his friends. _ Q. What was Patrick Rowe doing then on that occa- 489 sion.^ A. I saw him doing nothiag. Q. Was there any other persons about the office, other than the employees? A. I don't remember anything particular about the circumstance. Q. Were you introduced to anybody else on that occa- sion; if so, who? A. I don't i-emember. Q. When did you next see Patrick Rowe? A. I saw him there occasionally; I can't give you the dates of the interviews. Q; At what time was it he spoke to you about his making his will? A. November 16th, 1866, about noon. Q. How do you fix that date rather than the others? A. I had an engagement with Mr. Flanagan that day; I know it was that day, by reference to my diary, that I was there and had this conversation with Mr. Rowe; Flanagan has since told me that the paper or will in con- troversy was dated that day. Q. What was your business with Mr. Flanagan on that day? A. I was anxious to settle a slander suit; Mr. Flana- * gan was acquainted with one of the plaintiff's attorneys, and had previously told me he could effect a settlement, as he believed; I had appointed with the plaintiff's attorneys to see them at three o'clock that day, and called on Mr. Flanagan with the intention of inviting him to dinner, and then going to see one of the attorneys before the appointed hour. Q. Where is your diary to which you refer? A. It is here. Q. Please find the place? (Witness finds the place, and hands book to counsel.) Q. What is there in the entry of that day that assures you of having met Patrick Rowe on the 16th of Novem- ber, 1866? A. I find the case to which I have just referred en- tered there, and there are no entries of that case after that time. Q. Which case do you refer to; give the namep 440 TESTIMONY OF ABEL CROOK. A. Madden versus McDonald. Q. Just give every word entered in your diary in rela- tion to that case at that date.'' A. " Madden versus McDonald, 3." Q. That is the last entry on that date, is it not? 490 A. Yes. Q. In pencil mark.? •A. Yes. • Q. How long had you been concerned in that case? A. Since about the middle of August, '66. Q. Had you. been to see Mr. Flanagan about that case previous to the 16th of November, 1866, and had conversation with him about it? A. Yes. Q. Can you tell how frequently, and on what particu- lar days? A. I had seen him once before only; as to the datd, I will see if I can find it; it was about a week before, on the 9th of November. Q. Are all these entries in your diary of the 16th of November, in your own handwriting; if not, how many are not? A. One is not; the words, "Write to Amasa Lyon," are in the handwriting of my office boy; the other six entries are in my handwriting. Q. Who were the attorneys of the plaintiff in that case you have mentioned — Madden versus McDonald? A. Nesbitt & Brady. Q. Where was their office? * A. No. 4 New Chambers street. Q. How^long were you at Mr. Flanagan's office on the 16th of November, about? A. Not more than fifteen minutes. Q. How long were you and Mr. Rowe engaged in con- versation together, on the sofa or lounge? A. A few minutes ; nearly all the time I staid there, I was talking with him; I left them for a few minutes and ' went in with Mr. Gillen, to his little office; he went in for some papers, got them, and went out; I then bid them good-by. Q. What was Mr. Flanagan doing while you and Mr. Bo we were engaged in that conversation? A, He appeared to be writing. Q. Was he writing that paper you took to be the will? A, He appeared to be engaged upon that paper; I did not take much notice of it; merely glanced over it; my stay in the office may not have been so long as fifteen minutes; I put that as an outside limit. Q. What did you hear Patrick Eowesay to Mr. Flan= agan al^oiit tl^e will, while you were tliere? TESTIMONY OF ABEL CROOK. 441 A. Nothing. Q. Did you hear any conversation between Mr. Eowe 491 and Flanagan, in relation to the will, while you were there.? A. No. Q. How much of the will had Mr. Flanagan drawn when you were there, or, at which section or paragraph was he writing when you looked over the paper.? A. I did not notice sufficiently close to tell that; the page that was uppermost seemed to he nearly filled. Q. You said the paper he was drawing, was sub- divided in divisions: were ,those divisions numbei-ed, or added figures, or Eoman numerals.? A. There was something written across the margin; whether it was the word item, or first, second, third, I did not notice' sufficiently close to say. Q. Did you read any part of the paper Mr. Flanagan was writing.? A. No. Q. Did Mr. Flanagan tell you what he was engaged in drawing on that occasion.? A. No. Q. How many pages of the document appeared to have been drafted at that time? (Objected to, as already answered.) * A. I could not say; I saw but the one page, which was face upward. Q. Was there anything said about your remaining there until it should be completed, to witness it.? A. No. Q. Did Mr. Gillen's and Mr. Flanagan's rooms con- nect by a door? A. No. Q. How were they situated in reference to each other .? A. Adjoining; each having a door opening in the main room. Q. What was Mr. Gillen's business in the room, on that occasion.? A. I don't know; my impression is, that he came to get some paper to close a title; he did a large real estate business; was not in the office in all, over five minutes, in his own private office. Q. Where was Mr. Gillen when you left the building.? A. I don't know; he had gone out. Q. When you left his room, you left him in his room, didn't you.? A. I came out of his room with him; he went out, and I went in Flanagan's room. Q. Just tell iis all that Patrick Eowe told you about 492 56 442 TEgTisroNir of ab^l ckook;. his will, on that occasion, and the provisions he was making, or going to make in it? A. He told me nothing of the provisions,- he simply iold me he was making his will. Q. How many times had you met Patrick KoWe piior to that occasion? A. Perhaps half a dozen times. Q. Did you ever meet him after that occasion? if so, when and where? A. Yes ; I met him once afterwards, in the early part of the following week, at Mr. Flanagan's office. Q. What time, or day, in the following Week? A. It was either Monday or Tuesday; it was before the middle of the week; I think' it must have heen Mon- day; it was within four or five days from the othet inter- view. Q. What was he doing on that occasion, or wliat was his business there? A. I don't know; he was on the point of leaving, as I went in his office; I remember of his inviting Mr. Flan- agan to his place in the country; appeared to be scolding him, pleasantly, for not having kept some promise to call * on him; he spoke about having had a pleasant time with Flanagan somewhere; I know I got the impression that they had been somewhere in Westchester County. Q. How lately? A. Quite recently. Q. Since you had last met him? A. I supposed they had been together all the time, by the way they acted; he appeared to be bidding him good-by. Q. Anything said about their having been up to Bridgeport, at that time? A. I got the impression that they had been up in Westchester County; don't remember of hearing any- thing said about Bridgeport, at all. Q. Was that the last time you ever saw him? A. Yes. Q. I suppose he was perfectly sober then? A. I saw nothing to the contrary. Q. You didn't Bee any signs or symptoms of thfe de- Ufiwm tre'Tiiens at that time, I suppose? A. I did not. Q. Where was it that you dined with Patrick Eowe? A. I have dined with Mr. Flanagan and Patrick Eowe two or three times prior to Kovember 16th, at Monquin's, opposite Mr. Flanagan's office, in Nassau street, New York. 493 Q. How long prior to the 16th of November, was the last time you had dined with Patrick KoWe? TESTIMONY OF ABEL CKOOK. 443 A. I can't tell; it was not between the first and middle of October; I can't give the exact date; at that time I was out of town. Q. "Was it between the 1st and 16th of November? A. I think so; I cannot fix a date positively; it must ihave been once, between those dates, I think; my im- pression is, that we dined together in the early part of my acqaintance with him; I know I did so dine with; with that exception, I cannot fix any time; I used to dine so frequently with Mr. Flanagan, and most always with company, that it is hard to fix 'any date when any particular persons dined with us. Q. What hour do the courts, in New York, usually meet in the forenoon? A. Some at nine, some at ten, some at half-past ten, some at eleven, some at twelve. Q. Which of the courts meet before eleven, as a gen- eral rule? A. The District Courts, Pohce Courts, Marine Courts, the circuits of the Supreme Court, and, on certain days, the special term of the Superior Court, and all the Cham- bers of the respective courts. Q. What place did you make the acquaintance of Kev. William E. Buff"y? A. His personal acquaintance, at the present ofl&ce of Mr. Flanagan. Q. Did Flanagan introduce you to him? A. Yes. I Q. Was that since the death of Patrick Kowe? A. Yes; it must have been. Direct-examination resumed: Q. On the day you supposed the will to have been drftwn, according to your evidence, did you succeed in .getting Mr. Flanagan to assist you in effecting a settle- ment of the slander suit? A. No; when I found he was engaged, we appointed .another day; I then went back to my ofiice. Q. Was Mr. Gillen in the office when you went in, on the 16th of November? A. No. 494 Q. On that day, did Mr. Gillen come into Flanagan's private office? A. He did not; am sure of that. •Q. Was there any strangers in the outer office, on that occasion, so far as you recollect? A. I think there was a copyist, employed by them; no one else. Q. Did you finally get your slander suit settled? _ A. My -client settled it, on his own responsibility. 444 TESTIMONY OF EBV. WILLIAM E. DUFFY. about that time; I heard of it afterwards, when Mr. Flanagan and myself did call on Mr. Brady. Q. Has Mr. Flanagan been engaged in any other busi- ness, but the practice of the law, siiicfe you have known him? A. When I became acquainted with him, he was with Eobinson, the United States Assessor, in Brooklyn; he was Assistant Assessor, I believe; he appeared to be run- ning the office. Witness states that it is no . unusual thing to make pencil marks in his books, as he always makes entries in pencil, when out of his office. ABEL CKOOK. Sworn, before me, 1 April 22d, 1869. J Jos. W. Ballentine, Surrogate. Eev. William E. Duffy, recalled on redirect-examina- tion: — .— --- Q. Did Edward Eowe ever tell you what disposition he intended to make of his property.? (Objected to.) A. He did. Q. State, generally, what you understood from him, what he intended to do with his property .'^ (Objected to.) A. He used familiarly to call me the " big boss," who should succeed him in settling up his affairs; that if the Lord spared him to outlive me, he would have a trouble- some job, the same as I would have if I should outlive him; he stated that, being in the grog business, he would be necessitated to give large donations to charitable pur- poses; that the grog business, no matter how well man- aged, was not a very good business; that he would try and make amends, by his charitable bequests to orphans' and religious institutions, for any delinquency during his time in the grog business; that after his and Patrick's day, that I should be his sole representative; that I 495 would try and not work so hard as he did, for now he was old, and couldn't live to enjoy much of the comforts of his hard earnings; he expected I would retire from active duties, after a few more years, and live with him and his brother, that we might, and could, take comfort in our old days; in all our serious conversations, he gave me to understand that I should, and would, inherit every- thing he possessed, after his bequests. TESTIMONY OF REV. WILLIAM E. DUFFY. 445 Q. Did you steal any of the money which you loaned ; to Edward Rowe? _A. I think it impertinent to ask such a question, but J stiU I wUl answer it; I answer, no; that I am just as , honest as lawyers any day. Q. Did you cheat anybody out of it.? (Objected to.) A. Never did. Q. Whose money was it that you loaned to him.? (Objected to.) A. I loaned my own moneys; the moneys I received from the missions and labors of my parish. Q. You speak of making annual reports to the bishops: are those reports of the parish moneys col- lected.? A. The statutes of the diocese of Hartford oblige each * pastor to return a yearly report of the pew rents col- lected in his church, the penny collections, and other col- lections made for repairs and improvements in the church or parish, also the moneys received from ceme- teries; but the moneys received from out-missions be- long to the priest, giving them extra attendance; the expense also must be reported of the parish or church where you reside. Q. Is that report examined by anybody before it goes to the bishop.? A. Yes; I generally print my report. Q. By whom is it examined.? A. First, by the two collectors of pew rents; and next, I distribute the reports through the entire congregation for examination; I still further keep a book account for the bishop's inspection, together with sending him my annual reports, so that there might be no discrepancy in the accounts. Q. Is it an uncommon thing for GathoHc priests to / accumulate private property.? n (Objected to.) f' A. Yes; unless they make vows of Holy Poverty; then they cannot retain any property in their own name. Q. When money is paid to a priest for saying mass, 496 or christening an infant, or for performing a marriage ceremony, to whom does that money belong — to the priest, as an individual, or to the church.? A. It belongs to the officiating priest, if he is pastor; if curate, he has to deliver it to the pastor. Q. On the occasion of the requiem mass said on the 24th of July, 1867, in St. Andrew's Church, was any money paid to any person by any person ; if so, to whom and by whom.? A. There were some forty dollars given to Father Cur- 446 TESTIMONY OW BEV. WILLIAM E. C¥FiFY. ran by me; there is always an organist and choir to be paid, the attendant priest, and it is expected the extra dinner on the oooasion will also be jpaid for; this costs ' something, so the usual fee tendered for grand requiem masses, by those who have means, is usually from fifty to one hundred dollars; there is no set price, but it is understood that something decent is expected? Q. Were any masses said for the repose of Edward Kowe's soul in July, '68; if so, at whose expense? * A. Yes; there was a grand mass in Thompson ville. Conn.; a mass in Saint Andrew's Church, City Hall place, in New York; another here in Morristown; all on the same day, so far as I have learned, at my expense. Q. Do you know, or have you ever ascertained, :or seen any calculations, in figures, showing how Edward Bowe made up the amounts of the two promissory motes he gave you? A. I did see, on one of the exhibits presented here, accounts of the moneys I loaned him at different times. Q. Do you mean on the book? A. Yes; on the book; an exhibit that was presaited here — Exhibit H. Q,. Do you know how he figured out exactly five thou- sand nine hundred and sixty, and five thousand nine hundred, as the amounts of the two notes? A. No, sir; as I have never kept any memorandum of the moneys loaned to him; I confided in him 1iie .same confidence that I would give my father. Q. Did you ever see him alive after you got the notes? 497 A. No; never. Q. You spoke of finding forty-five dollarfi in .currency, in a pocket-book, in Mr. Eowe's pocket: were those large or small bills? A. To the best of my belief, there was one ..or two twenty-dollar bills, with a five-dollar bill. Q. Was there anything peculiar in the way they laid in the pocket-book? A. The only peculiarity I noticed, was that the pocket-book was very much worn, and unless I ex- amined it carefully I could see no bills in it, for the lining was worn on one edge or side of the book, and lapped over the bills. ^. _ Q. Mr. Kock swore, in substance, that Mr. Eowe was ; ' inclined to employ one O'Connor, to help him get out letters of administration, and that you persuaded Mr. Kowe not to employ Mr. O'Connor, but to employ Flan- agan: is that true? A. It is not. * Adjourned until 2:30 o'clock, P. M. TfiSTIMONY OF REV. WILLIAM E. DUPFT. 447 2:30 O'clock, P. M. Case resumed. Present — Pitney, Counsel for Executors; and Va- NATTA, Counsel for Coveators. * Rev. William E. Duffy, recalled on redii-ect-examin- ation: Q. Mr. Rock swore that he heard a conversation be- . ^ tween you and Rowe, in which you told Rowe, that he (Rowe) should be guided and directed by you, and should do what you told him to do; and Rowe answered that he (Rowe) knowed his business, and saw as deep into the millstone as the man that picked it; did that conversation occur? A. No, sir; as far as I remember, no such conversation ever occurred. Q. Did you ever tell Mr. Rock that you didn't con- sider Patrick fit for business, and that you wanted to get him out of New York, he was drinking too much? A. No, sir; no such conversation. A. Did any of the Bridgeport relatives, as far as you know, put on mourning for Edward or Patrick Rowe? A. So far as I know, none of them did. Q. How was Mrs. Ellen Leverty dressed when she was here giving her evidence; how was she dressed as to colors? A. I think she wore a red and green shawl; her skirt wasn't mourning; I couldn't exactly say what color it 498 was. Q. Do you recollect any habit that Patrick had, in the conduct he had toward his friends? A. With his friends he was very familiar, and used to try and tickle or punch in a jocose manner, around their knees ; he would sometimes hke to steal on you by sur- prise, and cover your eyes, from behind, with his hands. Q. How long was he in the habit of doing that? A. From the first time I knew him, or got acquainted with him. Q. Was he ever engaged in any other business besides attending bar for Edward? A. Yes; he was in a carpet-store on Pine street. New York; was in another store in Broadway, between Trin- ity Church and the Battery, same side as the church; this was before I came to the country; I remember the name of one of the proprietors of the store; he met him \vhen visiting me at Thompsonville; his name was Orrin Thompson; the village is called after him; he had a curi- osity to go and see his place; when he saw all the fences ' he Said it was he that shipped the paint that painted them. Q. Were you in the habit of receiving any supplies of 448 TESTIMONY OF BEV. WILLIAM B. DUFFY. any kind, from Edward Kowe, while you lived in Rhode Island; and, if so, what were these supplies? A. Yes; I received a great many things, such as gro- ceries, butter, liquors, and occasionally, other presents, such as clothes, set of harness, fruits in the season, and pork; every winter I used to get Irish bacon from him. Q. Did he ever make out a bill for these things, and ask you to pay or settle with him for them.? A. I never got a bill, nor was ever asked to pay for any of them; on one occasion, the express company broke two demijohns of brandy that he sent me; so I asked him for the receipt that I might get pay for them from the express company. Q. Have you ever seen on any of his books, or found on any of his papers, any account against you, for these very supplies? A. I never did; I always received them as friendly presents and tokens of his affection to me. Q. Did he ever actually pay you, so far as you know, any interest for any of the moneys deposited by you with him? 499 A. I've already stated that I don't know, as I kept no account of the moneys I loaned him, or left with him, and therefore say he never did. Q. Did you ever ask him to? A. Never did. Q. Did Patrick know that you were lending money to Edward? A. He did. Exhibits M. 2, and N. 2, offered in evidence on part of Executors, and being shown witness, he is asked: Q. What are these? A. They are express receipts which I received from Harnden's Express clerk, at Providence, Rhode Island, for moneys forwarded Edward Rowe. Q. Have you produced and exhibited, here in evi- dence, all the letters which you received from Edward Rowe and Patrick Rowe, that have been preserved, and are in your control? A. Yes; all the letters I found. Recross-examination : Q. After Edward Rowe's death, was there ever any * talk between you and Patrick Rowe about the manner Edward had intended to dispose of his estate? A. There was some talk, as I have already stated in my evidence about his charitable bequests, and that he (Edward) would leave me the bulk of his property. Q. Did you tell Patrick what Edward had told you of his intention in that respect? A. No, sir; Patrick knew it as well as I did. TESTIMONY OT REV. WILLIAM E. DUFFY. 449 Q. Did you tell Patrick what you and Edward had talked about.? A. I had no need; for Patrick used to call me the " bigboss." -— — „„,-.- ~ . , TJT When, after Edward's death, did you and Patrick first talk about the disposition Edward had intended to make of his property.? A. I think it was after the sale of the Elm street property; it may_have been some other time; we had a private chat or conversation about it; I stated, I think, it was in December, when I went down to get my money for the notes. Q. Did Patrick seem desirous of disposing of his prop- 500 erty in such way, so as to make atonement for the sin of grog selling, or was he insensible on that point.? A. He was not insensible, as far as I knew the man, nor did he express any desire of atoning for his grog selling. Q. What reason, if any, did Patrick give for bestow- ing some of his property on charity.? (Objected to, as already inquhed about.) A. He gave no reason; every one acquainted with them knew them to be very charitable to the poor and religious purposes ; they always kept in their tenement houses one or two old persons, whom they supported and buried when dead; one was old Mr. McGowan, nearly ninety years of age, and old Mrs. Casey, and old Mr. Lynch. Q. How often has Patrick Rowe visited you at Tfhompsonville .? (Objected to, as having been already asked and answered.) A. He visited me only twice, Christmas and Easter, 1866 and 1867. Q. Who was with him on the first visit.? A. Only Mr. Flanagan; I expected Philip Carlin, but he was sick, and couldn't come; at least, that was the excuse Mr. Rowe gave me. Q. Was Flanagan with him in '67 at Easter? A. Yes. Q. Did Patrick Rowe ever visit you at Burrilville, Hartford, or Bridgeport.? A. Never visited me at Hartford, Rhode Island, or Bridgeport; we met once in Bridgeport, by agreement, to have some time at the salt water; I think I was living at Rhode Island at the time; not positive. Q. At the time you met him at Bridgeport, he was visiting at the Levertys, was he not.? A. He came to meet me there; he wouldn't be there, only my agreeing to be there. 450 t;§;sti!%9N'5[ op e]?v.' w^lliajm b. puffy. ;^Q. ;I)id,n't he. ^to-pi,at tlje/L^v^rtys, on that occasion? A. He did; and I stopped there too; I was t,here,,"be- fpx^ he ajrived; i I announced to them, I think^ thatihe was coming; the Levertys had no correspondence with 501 the Rowes only through me; I was a consta.^it, visitor there; whenever I we)?.t to New York I always called to. Mr. Leverty's when I had time, except thCilast three, or four yeaj^s. Bedirect-examination : , Q. , Did i Edward Rowe ever , visit you ■n^hile you, lived in Rhode Island.? A. Yes; he did; he visited me in 1860, aaid, I think, in, 1864; not certain; he visited me in Hartford, twice; came to see ipe in jBridgeport. Q. Did you ever say mass, for Margaret Rowre, sister of Edw^i;d and.Pati^ck.? if so, how often and, when.? A. I did; ,could not name the number of .privaite, masses said, but should think it was; I said her solemn req^uiem mass and a^U her anniversary ma^^^^s since, unj;il Edward's death, unless sickness might prevent, in St. Andrew's Church, ■'N.e-w York. ^ Q. Haye you ever taken, yo\\;s of Holy Poverty.? A. No, sir; not yet; none but those in religious, com- muni,tiies take those. Q. ■ Would you call ithe giving pf money to a priest, in his individual, or private capacijiy, giving it to charity.?- (Objected to.) A. We never do, unless it is especially mentioned for charitable, pvirppses. Q. When money is given to charitable purposes, what iS; the njpde of doing it? A. When the mode is not expressly stated,,, we give it iuixaiious ways, a,cco;^ding to, the most descrying, pbjepts of charity that may come under our notice... Q. What part; pf Patrick Rowe's estate, accprdingi^to his will, had he giy^n to charity? (Qbj,ect,ed to.) A. Those specified for religious, purposes. Q. Is that part giyen to ypu un(Jpr.stppd.1;o.be.given. to charity, at all.f^ {Objj^ptgd ,tp^). A. It is left to my own free will, to, i^seitjas. I think prpper, as, I undej-ptopd it. On the ;,four , hundred and eighteenth, maniiscript. sheet it is,, witl^en,. "■ ^hati.he y^as, fixing up, something for me;" witness wishes ,tp make ,this .correction; thafe he. m.9£),pt,,to.say, "^e Aa(^,6;ee?i fixing, np. something for me." . . ^% Q. Wh6n did it first occur to you to make the cbrrec- tiohs, as to what Patricik Rowe said to you about those deeds, and when did you first speak abbut it, and to whom? A. It occurred the moment I used the language, fot there was some remark made about Irishisrris, and I paused a moment, and thoulght it was ungrammatical. Q. You merely wanted it corrected as a matter of grammar, nothing else? A. Yes; nothing else; there had been a good mauy remarks made as to my grammar, and that stirred me up. Q. Just tell us what grammatical error it contained, as you originally spoke it, and as it was originally writ- ten? A. It struck me that the phraSe, " was fixing up," was an imperfect action, not yet finished, and that the * act that Mr. Rowe had done was in the past tense, and should not 'express an imperfect action. Q. Then you made the change to convey a diffel'erit ideS,, didnH you? A. Yes. _ -;' Sedirect-examindiion resiimed : Q. Is it not a common thing f6r Irishmen to say "was," for "had been"? A'. Yes; it is an old saying, "An Irishman has leave to speak twice in the English tongue, because it is not his mother tongue." Cross-examination resiimed: Q. Will you tell us what educated Irishmen are in the habit of making that blunder? A. Principal part. Q. Name one; if so, who is it? A. Principal part of Irishmen are in the habit of using the imperfect M the part which is' c'alled an "Irish 50Sf bull;", although they know it to be a gramtiiatical error, yet' they often use it, from f6rce of habit' of early train- ing- WILLIAM E. DUFFY. Sworn before me, April 22d; 1869, ■ Jos. W. Ballentine, Surro^dte. Adjourned until' 10 o'clock td-riiofrbw morning, Fri- day, Ipril 23d, 1869. 452 TESTIMONY OF EDWARD J. FENNELL. 504 Edward J. Fennell, a witness called upon part of Ex- ecutors, sworn: Examined by Mr. Pitnet: Q. How old are you? A. Twenty-one years; born in Morristown; lived here all my lifetime; I am a clerk at this time with Messrs. Flanagan & Gross, 80 Nassau street, New York ; my residence is still in Morristown. Q. Did you, at any time, examine a file of the New York Herald? if so, where did you' find itP A. I did; found it at the reading-room of the Cooper Union, between Third and Fourth avenues and Seventh and Eighth streets. New York. Q. Did you make an extract or copy from the New York Herald ? A. I did. Exhibit 2 being shown witness (the same offered in evidence on part of Executors), he is asked: Q. In whose handwriting is that, and what is it .5" A. It is a correct copy of certain obituary notices in the New York Herald of Tuesday, July 23d, 1867; and is in my handwriting. Q. When did you make the copy.^ A. About six weeks ago; I went to the office of the New York Herald, and tried to get an original copy, but * could not do it; I am certain that it is a correct copy, for I copied it and compared it myself. (Objectionris made by counsel for Caveators to that mode of proving the contents of a news- paper, as not legal.) EDWARD J. FENNELL. Sworn before me, 7 April 23d, 1869. j Jos. W. Balle^tine, SiPrrogate. 505 Friday Morning, April 23d, 1869. Oase resumed. Present — Pitney, Counsel for Executors; and Va- NATTA, Counsel for Caveators; and the Parties. John Flanagan, a witness on part of the Executors, recalled and sworn: Exhibit W (deed from Rowe to Richardson) shown witness; he is asked: Q. In whose handwriting is the description and prin- cipal part of the manuscript in that deed? A. Mine. TKSTIMONY OF JOHN FLANAGAN. 453 Q. In whose handwriting is the word "seventeenth" in the first line of the deed? A. Mine. Q. When were the words " seventeenth" and " No- vember" written? A. On the day the deed bears date. Q. When was the description written? A. A short time prior to that, I think. Q. How did the date happen to be put in on the 17th of November? A. Because the deed was executed on that day. Q. What was the object in having the deed executed on that day? A. Mr. Eowe was in town, in my office, and I was not very busy on that day; so, for fear of any accident to Mr. Rowe, between that and the time fixed for the ** delivery of the deed, knowing that he had heart disease, and that the price was a good one for the property, I thought it better to have the deed executed on that day, and did so. Q. Did you witness it at that time? A. I did. Q. Were you a Notary for New York City at that time? A. No; I was a Notary for Kings County, but could not take an acknowledgment as such, in New York City, of a deed or other instrument to be recorded there, ac- cording to the laws of New York, at that time. Q. Do you recollect why the deed was not acknowl- edged on the 17th of November, if any reason existed? A. The deed, as acknowledged to me as subscribing witness by Mr. Rowe, was of itself sufficient, so far as .he was concerned, and the reason why it was not ac- knowledged before a Notary or Commissioner, at the time, was, there was none conveniently at hand. Q. Does a proof of deed by a subscribing witness in New York answer the same purpose as an acknowledg- ment before an acknowledging officer? A. Yes; when the person acknowledging is not a married woman; the subscribing witness must swear be- 506 fore a proper officer to the due execution of the instru- ment, -and the additional fact that he subscribed his name as a witness, state his place of residence, &c., ac- cording to the statute, before it can be recorded. Q. These duplicate agreements for the sale of the Elm street property, marked, " Exhibits B & T:" on what day were they written and prepared? A. On the day they bear date, I think, or, perhaps they may have been drafted the day before. 454 TESTIMONY OF JOHN FLANAGAN. Q; In Exhibit T, second page, wheti was ' th^ word " seventh," there erased, written? A. October 26th, 1866. Q. What is the usual time, in New York, allo'wed to purchasers, to examine the title, &c., between the day of the contract and the day of the delivery of the deed, for real estate .'' (Objected to.) A. I' have had grea;t experience for the last, six or seven years, on my own account in the examinations of titles to real estate for' clients, and from such experience, I can safely say that the general time allowed, i^ thirty days; very often less. Q. On the evening of the 25th of October, 1866, * when the terms of the sale of the Elm ' street property were agreed upon, was the day for the delivery of the deed and payment of the full amount of the purchase money agreed upon.? (Objected to, as leading and instructive, put- ting the answer in the witness' mouth.) A. No. Q. When was it? A; October 26th, 1866. Q. Where were the first leaves of these contracts drawn (Exhibits B andT)? A. In my office. Q. Why was the word " November " written in them before the time when the deed was to be delivered? A. Because it was supposed that the usilal rule ap- plied, that thirty days, or less, would be sufficient to examine the title, and therefore, it would close' in No- vember; the word " November " was written:, in the con- tract, in my office. Q. State' why it wasn't closed in November, if you know. A. I recollect Mr. Hall, the witness exariiined in the case, saying', (Objection is made as to what Mr. Hall s&id.)- " He was busy at the time, and would like to have more than thirty days, in which to examine it." It 507 was accordingly, at his- recjuest, changed from Novem- ber to December; he was examinirig the title at the time, to the adjoining piece of property then owned by Mr. Bunn, and he said he anticipated that he woxlld not get through quicker than thirty days," or words' to that effect. Exhibit G- 2, shown witness, he is asked (beirig a telegram from Father Duffy to witness) : Q. What do you know about that?' A. It is a telegram I received July 23d, 1867, from TESTIMONY OF JOHN FLANAGAN. 455 the Kev. Wm. E. Duffy, and one whicli I kept in my possession, indorsed in my handwriting, as it now is, imtil about six or eight weeks ago. Q. Did Eichard Cunningham present any claim^ against, or make any claim against, the estate of Patrick Epwe? (Objected to.) A. He did. Q. State • briefly what passed between you and him about a? A. He called on me for pftyment of an account; I drew up the usual affidavit, according to the statutes of New York, to be made by any person having a claim against a deceased person's estate; I made out the ac- count as he directed it, or stated it to me; then the affi- davit which I have mentioned, was put on the bottom of the sheet upon which the account was drawn off; I * asked him to swear to it or verify it before my partner, Mr. Jacob A. Gross, which he refused to do. Witness wishes- to state that his answers to two last questions, referred to the estate of Edward Kowe, in- stead of Patrick Kowe, deceased, as he understood the question to say "■ Edward." Q. Was that claim against the estate of Edward Rowe, made to you before or after the death of Patrick Kowe.? (Objected to, because the claim itself is the 1 best evidence.) A. I think it was after the death of Patrick. Q. Have you got that claim, or writing, or bill, or affidavit in your possession, or within your reach or cqntrol.'' A. I have not; although I have made diligent efforts to find it. Q. Did Mr. Cunningham make this affidavit? A. He did not. Q. , Did you tell him if he would release all claims to the sevfiral estates of Patrick and Edward Kowe, you would pay him, or anything of that kind? -A. I did not say then, nor at any time in my life, any- thing of the kind to him, or anybody else. 508 Q. Did you ask him to make anything more than the creditor's, affidavit, or to sign any other receipt, except the ordinary creditor's receipt? A. No, sir. Q. Did you hear Mr. Cunningham's testimony in which he stated, that you told him, that if he would take his oath to have ijo more claim to Mr; Kowe's prop- erty, his biU. would be paid right a^a,j? A. I did. 456 TESTIMONY OF JOHN FLANAGAN. . Q. Was it true? A. No; it was entirely false. Q. Do you recollect of Mr. Eock trying to borrow some money of Mr. Rowe in the spring of '67.? if so, please state, as briefly as you can, the circumstances.? A. I recollect that in the spring or summer of '67, I don't recollect the exact month now, Mr. Eock did ap- ply to Mr. Eowe for a loan of money, on property he was about buying; Mr. Eowe came to me and said he had been up to see the property, and for me to examine the title, and if I should find the title all right, that it seemed good enough for the loan ; I looked into the title, and found two mortgages already on it, and the money which Mr. Eock expected of Mr. Eowe was to go for the differ- ence between the amount of the mortgages and the pur- chase money, to be secured by a third mortgage on that * same house, leaving no margin whatever; I reported this to Mr. Eowe, and he refused to loan the money. Q. When Mr. Eowe came to see you, did he tell yoi# he was willing to take a second or third mortgage for his money.? A. No, sir. Q. What did you understand from Mr. Eowe, on that subject. A. I understood that the money was to be secured by a first mortgage. Q. Did Eock pretend to have any money of his own, whatever, or any other money to pay on the purchase of the house, except what he borrowed of Eowe.? A. No. Exhibit P 2 (being the claim of the Mechanics' & Traders' Bank, against the estate of Edward Eowe), shown witness, he is asked: Q. What is that.? A. It is a statement of account, verified and claimed to be due from the estate of Edward Eowe, to the Mechanics' & Traders' National Bank, of New York City, presented to me, as the attorney of Patrick Eowe, by said bank, in July, 1867. 509 Q. Did you make any examination into the merits of the claim.? A. I did. Q. Did you , have any consultation with Mr. Eowe about it; if so, when.? A. I did; 1 think on the 21st of July, '67, we talked over the claim, and on the 23d of July, '67, we discussed the matter fully, in my office. Q. When, so far as you know, had the existence of that claim been brought to the notice of Mr. Eowe, or to you as his attorney.? TESTIMONY QE JOHN FLANAGAN. 4^^ A. After Mr. Rowe refused to giye Mr. Kppk t|ip Ipao referred to. Q. Who brought the claim tp ypu.P A. I think it was received through the mail; I liad already been to see Mr. Brown, president of tl^p bank; in relation to it, at Mr. Rowe's request; Mr. Browri told me he had been out to Morristpwn to see IJfr. Eowe in relation to it; that Mr. Rowe referred him to me; I think Mr. Brown called at my office before I \\rent to the bank; I know Mr. Rock did, and told me Q/fx. Rock) about this claim, or that he wished to tell me about it, and to keep it quiet and say nothing about it to his friends; that he (Mr. Rock) had just beeu out, a day or two before, to tell Mr. Rowe alDout it for the first * time. Q. Did you acknowledge the Ipgaljty of the claim, or did you dispute it.!* What position did you take about it.? ^ A. I disputed it; I did not consider that Mr. Rowe was legally bound to pay any part of it, and so advised him. Q. Do you recollect, on the evening of Edward Rowe's funeral, any dispute arising about the carriages that at- tended the funeral; if so, please state it briefly.? (Objected to.) A. I know I paid for a carriage myself, to thp fuijeral of Edward Rowe; Richard Lawless, while the carriage was in the front of the church, attempted to take forci- ble possession of it, without my consent; J quietly and politely told the parties he had put into it to please come out; that it was mine, as I paid for it, and I didn't wish to walk, or go as a pauper, to the funeral, or some- thing like that; they came out; Lawless seemed very angry, and in the evening, after the funeral, Lawless said that I acted very ungentlemanly, an,d wanted to raise a row on the spot about it; I said no, I did not; that I would leave it to Cunuingham, who was then present; Lawless then said. " He be damned, the daipned 510 liar, who would believe what he'd say," or words to that effect, as near as I can recollect, and theu accused Cun- ningham of trying to get the store, and Cunningham the same to him — each claiming at the time that he should be boss; I think at the time. Lawless was considerably under the influence of liquor. Q. Did Mr. Rowe see, or knpw, of this little brush between Lawless and Cunningham.? (Objected to.) A. He seemed to; spoke to me about it afterwap4. Q. Mrs. Ellen Leverty, in her evidence, on the 247th sheet, gives an account of a couversation, between you 08 458 TESTIMONY OF JOHN FLANAGAN. and her, about Patrick Eowe's will: did you ever have any such conversation with her? A. Not one word of what is in her answer ever was said by me to her of the purport of that answer. Q. Kichard Halpine swears (on the 120th manuscript sheet) that you told him that you would get Mr. Rowe , ] to sell the farm, if he got well; did you tell him that.? ^'it A. No, sir; I never did, to the best of my knowledge. Q. When was the first you ever saw Dr. Flagler's ac- * count-book, which is produced here in court.? A. The day it was produced in court. Q. Previous to that, did you have any knowledge of the dates of visits charged in that book, for the month of October, 1866— the visits to Mr. RoweP A. I did not; I knew he visited him, and that's all. Q. When was the formal, or closing, part of the codi- cil written? A. Do you mean the words, •' In witness whereof," &c. ? Q. I mean the formal closing part of the codicil. A. It was written on the evening of September 18th, 1867, a few minutes, or a short time, before the execu- tion of the codicil by Mr. Rowe. Q. Was it written instantaneously with the body of the codicil? (Objected to, as leading.) A. I won't be positive now, but I think that the body of the codicil was first read to Mr. Rowe; then I returned from the room in which Mr. Rowe was, after inquiring for a seal, to the room where I wrote the body, and then wrote the formal, or final, close of the codicil; we could find no seal in Mr. Rowe's sitting-room, and had to take 511 the gummed part of an envelope instead, which was found in the room where the codicil was written. Gross-examined by Mr. Vanatta : Q. If there is any other matter or thing not already stated by you, whicKin your opinion, will be beneficial to the propoundanp^of this will, please state it now, fully and at large ? (Objected to, because it does not confine the question to the knowledge of the witness, and because the opinion of the witness, as a counsel- lor-at-law, or "as an individual, is no test of the relevancy or irrelevancy of evidence, and the style of the examination involved in the question is ir- regular and unlawful.) A. I have no answer to make to the question. Q. Haveyou already stated every thing you know which, in _ your opmion, would be beneficial or necessary to the propoHndafef of this will ? '^sorj*; , ' (Same objection.) •f...*^ TESTIMONY OF JOflN i"LANAeAN. 459 A. My opinion is guided in its formation by my coun- sel, Mr. Pitney ; to the c[uestion, I have nothing further to say. Q. Do you mean by that you swear to what Mr. Pit- ney tells you it is expedient to communicate, and to with- * hold what he tells you is expedient not to communicate, or what do you mean by it ? (Objected to, as a palpable absurdity.) A. The question is an insult to my intelligence, and the counsel should well know it ; if he puts it in a gen- tlemanly form, or in the language which is expected to be used between one professional gentleman and another, I shall answer it instantaneously. Q. Have you any other answer to make to the last question put; and, if so, what is it ? A. Perhaps, to save time, I had better say that the question still retains its insulting character ; that Mr.' Pitney has nothing to do with my conscience, and what my conscience tells me is right, and what I know to be true, I will swear to, and nothing else. Q. Have you denied and contradicted all the evidence given on the part of the Caveators that you are capable of denying; and, if not, please tell us what part that you have not denied or contradicted, that you can deny or contradict ? A. There are some immaterial things, in my mind or opinion, which I have not denied, although I might have done so. Q. Tell us what they are P - _ 512 A. If you will please read over the evidence, I shall tell them to you as you go along ; otherwise, I cannot. Q. Have you not had all the evidence given by the Caveators printed ? A. I have caused it to be printed. Q. Haven't you read it since it was printed ? A. I have not. Q. How much of it have you not read ? A. I can't say ; the • greater portion of it ; I have simply glanced it over. Q. Were you present when it was given by the wit- nesses ? A. Please give me the names of the witnesses of the Caveator's, and I will be better able to answer. Q. Do you mean to swear that you do not know the names of the witnesses sworn on part of' the Caveators, or to have it understood that you don't know ? A. I do not mean to so swear; but wish to save time; do not wish to answer it in a hurry; I prefer to have the names of the witnesses, so as to be better able to answer with accuracy and certainty, Q. Bfejrdnd ivhat j0u HaVe stated, dd ybil kiiow any- * tWiig of br Jjrejudicial tb \vitiiesses, or testiitlony on pd,rt of the Caveg,tors; and, if so, now tell us what it is? (Olijected tb, as fishing.) A. I baiit answer the qubstioh wlthbUt consulting with my counsel. Q. Wherein is the need of coiiSultih^ ybur counsel on that question.? A. The questioh which yoii put.? The need appears on its facb. Q. Do you niean that jroii don't pbSsess the knowledge requisite to answer the question, or that ybu have thb knowledge requisite, hut do liot debm it expedient to an- siv-er iiiitil your couiisel advises you i&hether it is expbdi- ent to communicate it.? A- I mean that your questibns are too vague, general, and insiilting, afad that I desite to consult with my coun- sbl whether I am lbga.lly expected to answer such ques- tions; but if a special or specific question, relating to some specific fact, is put, 1 shall answer it. Q. Is that the only answer that you desire to make to the last t|ueStion.? A. At present, until further advised. Q. Is it within ybilr knowledge or power to answer it mofe fully now.? A, Answer what.? which question.? the last ohe or the one beforb.? 513 Q. The question next preceding the last one? A. It is. Q. Why, theh, Hbt give iis all ybur knowledge on the subjfect hbw.? A. Fbr the reasons stated. Q. When do you expect to be able to answer it fully.? (Objectfed tb, as trifling. Counsel for Executors gives notice to counsel for Caveators that he won't be able tb get but of thte withess the results of his and toy consiiltatio'iis in this case, or his opinion, as counsel, of the evidenbe in the case.) Counsel for Caveators objects to instructing the witness upon the stand while his evidence is being given. A. I can't answer. Q. Is the power and authority of a Notary Phblic in New York limite'd to the cbiinty in which he resides when appointed.? A. Fbr some purposes it is. Q. What art these purpose's? A. Among bthers, the 'acknowledgment of deeds. Q. Any others? o'ES'fiiltyNt at johm Flanagan. 461 A. Mortgages and dther ihstruineilts requisite tb be rfecorded. Q. What became of that claim made by Richard ; Cunningham? * A. It remained in my office after he refused to verify it, and was either mislaid or thrown in the waste basket. Q. When was the last time you saw it.? A. I have no recollection at this moment of having seen it since, although I have searched in my office for it, where it should be, in the paper, pigedh-holes. Q. Since when do you mean.? A. The day he refused to verify it and the day it was made out. Q. Did you reduce his claim to writing.? if ndt, who did.? A. I did. Q. What month and year was it done in.? A. My impression is, it was October, 1867, but I won't be positive about that; 'twas after the death of Patrick Rowe, and while my present partner was with me. Q. Who was present at the time this took place be- tween you and Cunningham.? A. No one; my private door was open, leading to Mr. Gross' room, and he was in his, the adjoining room, with Cunningham beside the door; I took itiim from my room 514 to Mr. Gross' room, asked him to verify the claim in Mr. Gross' presenc'e, which he refused to do, giving some vulgar answer, saying that " He would be damned, if he would take an affidavit to that amount," or words to that effect, and becoming and appearing to be very angry, so that I told him at the time that his absence, so long as he used such language, would be more agreeable in my office than his presence. Adjourned until 2:15 o'clock, P. M. 2:15 O'clock, P. M. ' Case resumed: John Flanagan recalled on cross-examination: Q. Has the debt claimed by the Merchants' and Traders' Batik ever been paid.? if so, who paid it, alid when was it paid.? A. I don't knbw; I never paid it. Direct resumed: Q. Were you here the other day when Mr. Crook was swori).? A. Yes. • « 462 TESTIMONT 01* JdHN FLANAGAN. Q. Do yon recollect the circumstance of his being in your office while the will was being drawn, as he testi- fied to? (Objected to.) A, I do. Q. Did you hear Jacob A. Gross sworn.? A. No, sir. Q. He testified in substance that he met you and Mr. Eowe at Sweeney's dining-saloon one day, when Mr. Rowe told him that he had been to his (Gross') office to get him to witness his will; do you recollect that cir- cumstance? (Objected to.) A. I do. Q. Was it, or was it not, on the day the will was ex- ecuted? (Objected to.) A. It was immediately after the execution. Q. So far as you know, was William E; Duffy in New York City the day the will was executed? A. Not to iny knowledge. Q. Had any communication, oral or written, direct or wdirect, ever passed between you and William E. Duffy, in regard to the will, prior to its execution? 515 (Objected to, as a re-examination of what has already been gone over.) A. None whatever, to the best of my knowledge. Q. Did you see William E. Duffy the week the will was executed; if so, where? A. I did; at Mr. Rowe's store in New York. Q. Did you learn from Patrick Eowe, or otherwise, where William B. Duffy was on the day the will was executed? A. I understood he had gone home. Q. Prior to the execution of the codicil did you have any conversation or communication with William E. Duffy, with regard to the codicil? A. I did not; I considered that Mr. Eowe's business altogether, and all the information I received from him ^I kept it professionally: that is, as a professional secret. ~''^"'' _ Q. When you were at Bridgeport with Patrick Rowe, did you see any signs of delirium tremens about him, or the effects of overdrinking on him? A. No, sir; if there were any I should have seen them. Q. Did you ever use any influence or persuasion to- * wards or upon Patrick Eowe, to influence his mind and will in the making of a final disposition of his property other than what you have heretofore sworn to in this case? (Objected to, as leading.) TESTIMONY OF JOHN FLANAGAN. 463 _A. No, sir; with the exception that I always liked his Bridgeport friends; always thought more of them than I did of the Rev. Mr. Duffy, and tried to get him to give them something; other than that, which I testified to, I have not. Exhibits H and I shown witness; he is asked: Q. Are those the deeds that were executed on the 21st of July that you testified to, in your first exam- ination.? (Objected to, as leading.) A. They are. Q. On what sort of terms are your sister, Mrs. James Duffy, and the Eev. William E. Duffy.? (Objected to.) A. Unfriendly, and not on speaking terms. Q. So far as you know, does Father Fuffy visit your brother James' house.? A. He does not; I have tried to reconcile them, but didn't succeed. Q. How often had you met Father Duffy in this country before Edward Rowe's funeral.? 516 A. I think three or four times. Cross-examination resumed: Q. In the week, in which was the 16th of November, 1866, how many times did you meet with the Eev. William E. Duffy.? A. Once, I think. Q. Are you right sure that it was only once.? A. That is my best impression. Q. Where did you meet with him oh that one occa- sion. A. It was at Mr. Rowe's store. Q. Day or night time.? A. Evening. Q. What day of the week was it.? A. I think it was on Wednesday. Q. What time in the evening? A. After dusk. Q. About what hour.? A. I should say somewhere about 8 o'clock. Q. How long were you there in company with Duffy on that occasion.? A. I don't remember the exact time ; not very long; perhaps half an hour; there were several persons in the store at the time. * Q. Was Patrick Rowe present all the while in which you were in company with Duffy on that occasion.? A. He was. Q. What part of the house were you in? A- Store, 464 TESTIMQNY OF JOHN FLANAGAN. Q. Who else were there besides Duffy and Patrick? A. Dr. Smith, I think; a Mr. Frazier; Mr. Diery; think Mr. Costello, and some other strange Frenchmen, whose names I don't know. Q. Did you leave Duffy and Patrick in the store wheq you left? A. I did. Q. Did you leave before or after nine o'clpck that evening? A. I think it was before. Q. See anything of Lawrence Kock about thpre that night? A. I have no recollection now that I did. Q. What business took you thpre that njght? A. I understood that Mr. Duffy was in town; heard go that evening. Q. Did you go to see him? A. partly him; partly Mr. Ilowe. Q. i)id you see him next day (Duffy)? A. I don't recollect of seeing hiija next day; think, if I had, I would recollect it. 517 Q. How did Patrick come to tell you that Duffy had gone home? did you ask him, or did he introduce the subject himself? A. lam not quitp positive about that; I may have asked him, or he may have told me first; I don't recol,- lect which. Q. On the evening that you saw Mr. Duffy, I suppose you asked him, or I suppose he told you, when he ex- pected to return to Thompsonville: am J right about that? A. You are not. Q. Didn't you ascertain how long he intended to re- main in the city? A. No, sir. Q. Did he say anything about his intending to go to any other place after he left New York, before going to Thompsonville; and, if so, what place did he say he was going to? A. I don't recollect of hearing him say anything about that. I I Q. Did you learn what business had Ijrought hirn to the city on tliS't occasion; and, if so, what did you learn on that subject ? ® A. I did not; Mr. Kowe asked me, in October (the beginning of October), to write to Mr. Duffy, and tell him tfeat he was very anxioijs to see him; that he wondered why he had staid away so long, withoijt visit- ing him, or writing tp him, and from that I jnferred that he had no other business than to visit l^r. Kpwe TESTIMONY OF JOHN FLANAGAN. 465 socially, according to his request; I vrote that letter in my office. ' Q. On the Wednesday evening that you met Mr. Duify, at Rowe's place, in November, there was no allu- ' sion to Mr, Kowe's making a will, was there ? A. Not in my presence ; we congra.tulated each other, on my first entrance (aftei- the usual compliments), on the successful sale of the property in Elm street, and then cracked jokes, most of the time that I was there. Q. You were particularly careful to say nothing about the will, I suppose.? A. I can't say that I was; I had no occasion to talk about it, carefully or otherwise. Q. Before the 16th of November, 1866, did you never say, or intimate, to Father Duffy, that Mr. Eowe had been talking to you about making his will, or had the making of it in contemplation? A. T don't think I did. - 518 Q. Did you ever learn from Wm. E. Duffy, or in any other way, as to what day William E. Duffy reached Thompsonville, on his return from New York, in the week following the Wednesday night that you saw him at Rowe's place. (Objected to, if within the witnesses' knowl- edge, as tending to reveal professional secrets.) A. I never asked him what day he reached there at- all. Q. Please answer the question. A. But have an idea that it was the night of the day preceding the execution of the will ; Mr. Diery in- formed me that he went home on Thursday; beyond that I have no information; it never gave me any con- cern. Q. Do you not know, perfectly well, that William E. Duffy did not leave New York that week until Satur- day, the 17th.? A. I do not. Q. On Friday night, the 16th of November,_ 1866, did you not spend a considerable time with William E. Duffy, eating and drinking with him, in the city of New York? * A. If I did, it is something new to me. Q. Are you right sure that you did not? A. Yes, sir. Q. I wish you would tell us where you were on the 16th of November, 1866, from six o'clock in the after- noon, until twelve o'clock following? A. I can't tell; presume I was in my office part of the time, and in my house part of the time; I was a 59 466 TESTIMONY OF JOHN FLANAGAN. single' man, and was in the habit of working very late at night. Q. Were you at Leggett's eating-house that night? A. Don't think I was. JOHN FLANAGAN. Sworn before me, ) April 23, 1869. j Jos. W. Ballentine, Surrogate. Adjourned until further notice. TESTIMONY OB' JOHN FLANAGAN. 465 socially, according to his request; I wrote that letter in my office. Q. On the Wednesday evening that you met Mr. Duffy, at Kowe's place, in November, tliere was no allu- sion to Mr. Rowe's making a will, was there .^^ A. Not in my presence ; we congratulated each other, on my first entrance (after the usual compliments), on the successful sale of the property in Elm street, and then cracked jokes, most of the time that I was there. Q. You were particularly careful to say nothing about the will, I suppose? A. I can't say that I was; I had no occasion to talk about it, carefully or otherwise. Q. Before the 16th of November, 1866, did you never say, or intimate, to Father Duffy, that Mr. Rowe had been talking to you about making his will, or had the making of it in contemplation.' A. I don't think I did. 518 Q. Did you ever learn from Wm. E. Duffy, or in any other way, as to what day William E. Duffy reached Thompsonville, on his return from New York, in the week following the Wednesday night that you saw him at Rowe's place.' (Objected to, if within the witnesses' knowl- edge, as tending tci reveal professional secrets.) A. I never asked him what day he reached there at all. Q. Please answer the question. A. But have an idea that it was the night of the day preceding the execution of the will; Mr. Diery in- formed me that he went home on Thursday; beyond that I have no information; it never gave me any con- cern. '* Q. Do you not kno-w, perfectly well, that William E. Dufty did not leave New York that week until Satur- day, the 17th.' A. I do not. Q. On Friday night, the 16th of November, 1866, did you not spend a considerable time with William E. Duffy, eating and drinking with him, in the city of New York? *" A. If I did, it is something new to me. Q. Are you right sure that you did not? A. Yes, sir. Q. I wish you would tell us where you were on the 16th of November, 1866, from six o'clock in the after- noon, until twelve o'clock following? A. I can't tell; presume I was in my office part of the time, and in my house part of the time; I was a 59 466 TESTIMONY OF JOHN FLANAGAN. single man, and was in the habit of working very late at night. Q. Were you at Leggett's eating-house that night.? A. Don't think I was. JOHN FLANAGAN. Sworn before me, ) April 23, 1869. j Jos. W. Ballentine, Surrogate. Adjourned until further notice. 579 Wednesday, 3 o'clock, P. M., August 5, 1869. Evidence resumed on part of Executors, pursuant to notice of Caveators. John Flanagan recalled by Executors, resworn: Examined by Mr. Pitney: Q. Since you were on the stand before, have you found the claim which Eichard Cunningham presented against Mr. Rowe's estate, which you stated he refused to swear to? A. I have. Exhibit Q being shown witness, he is asked: Q. Is that the paper.? A. It is. Q. Give us then, briefly, the whereabouts of that paper since Cunningham signed it? A. I had all the papers belonging to his estate, that I considered of importance, together in a tin box, in my office, locked, of which I carried the key, myself and to which no other person had access ; that box was secreted in the idle or bed room attached to my ofi&ce, for safekeeping, and that box was broken open, some- time last spring, by whom, I don't know, and a lot of papers taken out of it, amongst others, as I believe, this one (Cunningham's claim), and I subsequently found this paper, with others, in a bureau, in that same bed-room, on searching for some white vests that I kept there be- fore I was married. Q. In whose handwriting are the words, "E,. Cunning- ham" in Exhibit Q? A. Richard Cunningham's. Q. Date, 4th of October, '67: is that the date the paper was drawn? TESTIMONY OF JOHN FLANAGAN. 46'? ,4 j*- A. Yes; no reason to believe otherwise. ^'' Q. How soon was that after Mr. Rowe's funeral? ^ A. About two clays, I guess. Q. Did you understand from Richard whether these services spoken of in this bill were rendered in the life- time of Mr. Edward Rowe or not.? A. I learned from him that the items on this bill did accrue in the life-time of Edward Rowe ; I made out the bill just as he directed me. Exhibit R, 2, being shown witness, he is asked: Q. What do you know about that.? A. This receipt was handed to me in Mr. Rowe's house 580 during his last illness, to keep with the other papers and vouchers. Q. By whom.? A. My impression is, it was Mr. DiiSj; I recollect very clearly, that Mr. Rowe was sitting in his front-room on the evening of the day iipon which the receipt was given me. Q. Did you have any conversation with Mr. Rowe about the receipt.? > A. I did; both before and after the receipt was given to me, Mr. Rowe, before Dr. Flagler was jDaid, said, that "Flagler was a damned rascal," or words to that effect, and that "he would charge six times the amount for his attendance on him, if the amount wasn't settled in his (Mr. Rowe's) lifetime ;" and when the receipt was handed to me Mr. Rowe said, in substance, that "he was glad the matter was settled — that his mouth would be shut up any how;" that is as near as I can recollect what was said. Q. Did you ever know, or hear, or suspect, that Pat- rick Rowe made any will, codicil, or testamentary dispo- sition of his property whatever, beside the will and codicil, now propounded for probate.? A. No, sir; I had every reason to suspect otherwise. Q. At the time the will was executed, had Patrick Rowe, so far as you know, been drinking any spirituous or intoxicating liquors.? (Objected to. A. No, sir; I consider myself a pretty good judge of human nature, and a close observer of men's appearances, and I know from that, that from his appearance on that day, that he could not have taken, and did not take any- thing in the shape of intoxicating liquor, that could in any wise impair his mental capacities. Witness desires to say, that on the day af his last_ ex- amination, he was mistaken as to the bill of Cunning- ham's being headed against the estate of Edward Rowe; he recollected that the items were against the estate of 468 TESTIMONY OF HENRY C. PITNEY. Edward Eowe, and not Having seen his bill in almost two yfears, lie made the mistake. Cross-examined by Mr. Vanatta. No questions. JOHN FLANAGAN. Sworn before me, } Aug. 4, 1869, j J. W. Ballentine, Surrogate. 581 Henry C. Pitney, Esq., a witness on part of Execu- tors, sworn and saith: I had no knowledge or information whatever as to the dates of the visits charged on Dr. Flagler's books, or made by him, prior to the doctor's examination in court; never saw his books or any copy of his account, and was in perfect ignorance of all dates of his visits and charges until he was sworn. H. C. PITNEY. Sworn before me, ) August 4, 1869. j Jos. W. Ballentine, Surrogate. Cross-examination : No questions. Adjourned until Thursday morning, 10 o'.clock. Thursday Morning, August 6, 1869, ) 10 o'clock, A. M. 5 Case resumed. Present — Pitney, Proctor for Executors. Vanatta, Proctor for Caveators, and Parties. EiCHARD Halpine, a witness on part of Caveators, re- called and sworn: Q. Did Michael J. Diery have any' conversation with you about Patrick Rowe's will ; and, if so, tell us where it was, and the time when it w,is.^ (Objected to, as hearsay.) A. The conversation took place in 468 Pearl street, New York — think that is the number — at Joseph Rine- bald's; it was about June, 1867. Q. State about how you came to meet Mr. Diery at that time and place.? A. _ Mr. Diery came to my place first — I suppose from Morristown — to call in to see me; came on some busi- ness; I think he remarked it was to look for a store for TESTIMONY OF RICHARD HALPINE. 469 himself, something of that kind — went around to Pearl street with me — I think to dinner, we went; I inquired about Patrick Rowe's health; he said he was very deli- cate in health. (Objected to. All Mr. Diery's declarations objected to, as hearsay.) And he asked me, what was the reason I did not go out 582 to see him; I told him I had business to attend to, and it was impossible to leave; while we were talking, he said he was very delicate in health; thought he was not long for this world; I then said to Mr. Diery, I suppose he has everything settled; he says " Yes," and he says, "He hasn't forgot you;" I said how do you know about it? " Well, I'll tell you," he said; " if you promise me you will never say anything about it to Patrick Rowe while he lives;" says I, "What is it?" he says, "You are very well done for," something like that; he says, " you will get three or four when you want it;" says I, "three or four what?" said he, "Three or four hun- dred dollars;" says I, "Has Patrick Rowe left me the interest of any money during life?" says he, " No; what he has left you, you will get at once;" says I, " How much is it?" he said, "Five hundred;" said I, "How much is Eddie Rowe left?" says he, "Five hundred;" says I, "How much are you left yourself?" he says, "Just the same amount;" I asked him "if the Law- lesses were left anything?" he said "No." (Objected to, as hearsay, and not tending to * contradict the witness, unless it be in a collateral matter.) I asked him, " if anybody else was left anything?" he said, " Yes; the sisters in Houston street are left one thousand dollars; and one thousand dollars to the Orphan Asylum in Westchester county;" I asked him then, "Who got the remainder?" he said, "Father Duffy got the remainder;" said I, "He is pretty fortu- nate; he will be about the wealthiest man that ever came from that part of the country, in a short time;" said I, " How did you come to find out this?" he says, " The night (you recollect, when you were there pretty late), after your leaving there was a form of a will drawn up; I signed it. Father Duify signed it, and Patrick Rowe signed it; it was read over once or twice to Patrick Rowe;" says I, " It's very strange to me that Patrick Rowe left me no more than five hundred, as he promised me much more, and wanted me to give up my business and come to Hve in Morristown;" Diery says, "You needn't make no mistake; that is the amount that is there for you." 470 TESTIMONY OF RICHARD HALPINE. Q. Did he say who had drawn up the will there that night; if so, state what he said upon that subject? 583 A. He said Father Duffy drawed it up, and that he signed it; it was read once or twice; then the con- versation stopped. Q. Did he state what was done with it that night? A. Said Father Duffy and Patrick Kowe went next morning to a lawyer's office to have it drawed up in proper or legal form. Q. Did he tell you what lawyer's office they went to? A. No, sir. , Q. When he was telling you about what was in the will, did you ask him or did he say anthing about Cath- arine Lynch? A. He told me there was five hundred dollars in the will for her ; I told him I was veiy glad she was men- tioned, as she was deserving of it. Q. On the day you met Father Duffy at Edward Rowe's house, when Edward lay there dead, were you at the time intoxicated or under the influence of liquor? A. I was not. Cross-examined by Mr. Pitney: ■" Q. You never were under the influence of liquor, were you? A. Never was under the influence of liquor; same time took a glass of liquor; do at the present time ; always will, and drink when I please. Q. Did vou watch with Edward Eowe's corpse? A. Yes.- Q. Anything to drink about the house that night? A. There was. Q. What time in the evening was it when vou saw Father Duffy there? (Objected to, as he hasn't said it was in the evening.) A. I should say it was at eleven o'clock on that day that he came. Q. How much have the Bridgeport pewple promised to give you in case the will is set aside? A. Not one cent. Q. Any conversation been had between you and any person whatever as to how much you will get if the will is set aside? A. No, sir. Q. The subject hasn't been talked over between you and anybody? A. No. 584 Q. Did you ever tell anybody about this conversation you had with Diery in Patrick Eowe's lifetime? A. I did. TESSIMONY OF RICHARD HALPINE. 471 Q. To whom did you tell it? A. James Clifford. Q. Who is he? A. He is a man that keeps business in 503 Pearl street, New York. Q. What kind of business? A. Keeps a dry-goods store. Q. Anybody else? A. I think I remarked it to another man by the name of Henry Shulte. Q. Who is he? A. Keeps a grocery and liquor store, 27 Roosevelt street, New York. Q. How came you to be talking with him on that sub- ject? A. On account of coming so often to see him to Mor- ristown; they remarked to me what relation I was to him; I told them; they inquired if he had any family; .1 told them "No;" they said I had a good chance of get- ting something from him; I said, "I believe I will;" he asked me how much he was worth; I told them I did not know. Q. Whp has paid your expenses as a witness; out '•' here? A. I always paid them myself. Q. You haven't had any witness fees paid you for coming out? A. No, sir. Q. You are actually out of pocket, then, as a witness in this case? A. Yes, sir. Q. Haven't the ca\eators ever paid any of your ex- penses at all? A. No, sir; they might have told me if I would come out they would pay my expenses; I said I had sufficient means to pay my own expenses; might just suggest that, no more. Q. Have you contributed anything toward the ex- pense of this suit? A. I did not. Q. Why were you willing to pay your own expenses as a witness in this case — lose your time, be out of pocket in money? A. Well, the amount wasn't much. Q. Are you in the habit of attending as a witness without compensation for your time and expenses? A. This is the second time I was ever on a trial before in my life. Q. How many times have you been out here during -585 the trial, during the last two years? 472 TESTIMONY OF KICHAKD HALPINE. A. I may have been here six or seven, may be ten times, less or more; don't believe I have been here above six or seven times. Q. And you have borne your own expenses every time, have you? A. Yes, sir; until this morning. Q. And have had none of them repaid to you.^ A. No, sir. Q. Nor never expect to have.^ A. No, sir; I don't expect anything of the expenses. Q. Do you mean to have us understand and have the Court understand, that you never expect to receive any compensation, directly or indirectly, for your attendance in this case, as a witness, to-day and heretofore.'^ A. I do not. Q. Do not what? A. Do not expect to receive any compensation for uiy time or expenses in coming here. Q. Has there been any conversation between you and any pei'son whatever, as to your being paid, directly or indirectly, for your several attendances, as a witness in this cause? * A: There was not. Q. Who requested you to attend as a witne'ss? A. Mr. Leverty (I think Alexander), came to me and wished me to come. Q. Anybody else beside Alexander Leverty has asked you to attend as a witness? A. Not as I recollect; he asked me to go out. Q. Did he ask you each time that you came out? A. Generally called around, said they were coming out, and said I was wanting; I said 1 would come. Q. Did you ever have any talk Avith anybody as to what would become of Patrick Rowe's property, in case the will was set aside? A. No, sir. Q. Don't know where it will go to, do you ? A. Well, I don't know, really, Mr. Pitney. _Q. Do you expsct to get any of it, in case it is set aside? A. Well, I do not. Q. Why not? A. I don't know; if it aint according to the relation- ship, can't tell. Q. If you are one of Patrick Rowe's next of kin, please explain to us, why you don't expect to get any of his property, in case the will is set aside? 586 A. I consider, according to the relationship, that the law would give me as much as I was entitled to. Q. How came you to say a while ago that vou did not expect to get anything? TESTIMONY OF MICHAEL LEVERTY. 473 A. I meant from Mr. Leverty's family. Q. Have you made any calculation as to how much you would get, in case the will is set aside .^ A. I have not. Q. Have you talked with anybody as to how much you will get, if the will is set aside .^ A. No, sir. Q. Have you thought about it at all.^ A. No, sir; I have not considered anything at all about it. RICHAED HALPINE. Sworn before me, ) August 5, 1869. Jos. W. Ballentine, Surrogate. Michael Leverty, recalled and sworn. Examined by Mr. Vanatta: Q. Rev. William E. Duffy testified that you had taken a relic from his vest pocket, and had afterwards given it to him and aiJulogized or asked pardon for • having taken it: what is the fact in legard to that statement.'' A. That statement is not correct in any particular; I never made an apology to him in my life, nor never gave him anything; he must be mistaken. Q. Did you deliver or return to him the relic spoken of.? A. I did not. Q. Did you take it from his vest, or from any of his clothing, or from anybody's clothing. A. I did not;, did not know as he had any clothing there. Q. Did you have the relic in your possession at all.? A. I did not; never saw it until I saw it in Court. Q. Did you have any conversation with Michael J. Diery in respect to Patrick Eowe, after his death; if so, state where it was, when it was, and give the conversa- tion? (Diery's declaration objected to, as hearsay, unless they refer to matters about which he was examined by the Counsel for Executors. My ob- jection is, to the Counsel's at-tempting' to con- 587 tradict Mr. Diery in any matters which come out as cross-examination, and it is on the ground that the counsel can't ask Mr. Diery matters on cross- examination, not inquired about in direct-exami- nation, and if he don't answer to suit him, con- 60 474 TESTIMONY OF MICHAEL LEVERTY. tradict him by proving his declarations to the contrary.) A. I did; called on Mr. Diery in Twenty-fifth street, New York, I think between Sixth and Seventh avenues, on the 24th of October, 1867, in company with Michael Kowe, and I took a memorandum of what Mr. Diery told me in presence of Mr. Diery and Mr. Rowe; wrote it right down, which I will read. (Objection is made to reading from memoi-an- dums as not competent evidence.) M. J. Diery, his clerk, said that Mr. Eowe did not do any business; was not capable; that he bought all the liquors, and paid for them; that he collected all the. rents, and that Mr. Eowe's estate owed him one hundred and eighty-four dollars for his services; and that when Duffy came to New York that he slept with Mr. Rowe, and Duffy could do what he pleased with him ; he was * under his sole control; what Duffy said was law; he thought Mr. Rowe was afraid of him; I think that was all the conversation I had with Mr. Diery at that time; might have had more; that's all I've got a memoran- dum of. Q. When you had written that memorandum, did you read over to Diery what you had written.? A. I did. Q. What did he say.?' A. He said it was so. Q. What did he say about the memorandum.^ A. Didn't object; didn't say pro or con; I wrote it just as he said it; that was the substance of what he said; I remember remarking to him that I thought that was so by his books. Q. Did you have any conversation with him as to Patrick's habits as to sobriety? A. I did not; I judged from his conversation that he done all the business. Gross-examined hy Mr. Pitney: 588 Q. Your belief is that Mr. Duffy's evidence in rela- tion to having had the i-eHc taken out of his pocket, and having it returned to him, is a fabrication made out of the solid.? A. I don't know what he said about me in the matter; I know nothing about; it is an absolute false- hood. Q. What do you understand by an "absolute false- hood.?" A. That is, was wrong — that I never made any apology, or never had any conversation with him about any relic m any shape or form; would not know it was a relic; never saw anything of the kind before in my life. TESTIMONY OF MICHAEL LEVEHTY. 475 Q. Do you mean to say that you believe Father Duffy told a willful falsehood about the relic? A. It looks so to me, unless he was very much mis- taken. Q. How could he be mistaken ? A. I don't know; I know I never had any conversa- tion witli him about the relic in any way, shape, or form. Q. Is there any way in which you can account for Father Duffy's evidence, on the supposition that he has made an honest mistake? (Objected to.) A. There is not ; don't see how he could have said it. * Q. Have you a brother? A. I have. Q. What's his name? A. I've three or four; one Edward, one John, one James, one Alexander. Q. Have any of your brothers, and if so, which one of them, been here to Morristown since Patrick Rowe's funeral. A. Yes; Alexander has been here; that is the only one. Q. Was he here shortly after Patrick Rowe's funeral? A. Don't think he was; think the first time he came down was to file a caveat in my mother's name. Q. How old is your brother Alexander? how near your age? A. Think I am four or five years older than he. Q. About your size? A. Not quite so heavy; about an inch taller. Q. Think he would swear that he knew nothing about that relic? A. I don't know, sir; my belief is that he never spoke to Mr. Duffy since he came down here. Q. He has been here several. times during the progress 589 of the trial, hasn't he? A. Yes, sir. Q. Helped to get the evidence up, hasn't he? A. He has. Q. Hasn't he done the most in hunting up the wit- nesses and procuring their attendance? A. He has done his share of it, I guess. Q. Will you please tell us your belief as to whether there is any foundation whatever as to Father Duffy's story about the taking of the relic from his pocket? A. I cannot. Q. You had seen Mr. Rowe's books before you had the conversation with Diery, had you? A. Saw a small cash-book. 476 TESTIMONY OF JOHN LEVERTY. Q. Whereabouts did you see it? A. Mr. Eowe's house. Q. Has it been offered here on this trial.? A. I think it was; wouldn't be positive. M. LEVEETY. Sworn before me, ) Aug. 5, 1869. I Jos. W. Ballentine, Surrogate. * John Levertt, a witness called on part of Caveators, sworn : Examined by Mr. VaNatta: Q. You live at Bridgeport, do you? A. Yes. •Q. How long have you known Kev. William E. Duffy? A. I guess it is fifteen or sixteen years since he came to Bridgeport after he was priested; he read mass there first, as I understood; that was the first I see him. _ Q. Did you ever borrow any money of him, or did he ever lend you any? (Objected to, as irrelevant and immaterial, and an attempt to contradict the witness in a col- lateral matter.) A. I never borrowed a cent from him in my life, nor he never lent me a cent. Q. Did you lend him any money? if so, state what it was, ivhen it was, and state what was said by him to you at the time. (Objected to, as immaterial, irrelevant, and an attempt to" contradict the witness in a collateral matter.) 590 A. I did; he was coming to New York, and stopped ./ all night at my house — came in the ten o'cock train; in 5«v the morning, after breakfast, he said, "John, I've one ^ , , thousand nine hundred dollars of a collection money, and I want you to lend me one hundred dollars to make .'■'-' two thousand of it, to give to Edward Rowe, in New ^ York;" I went down to the Savings' Bank and drew one hundred dollars (and I lost three months' interest by it, too); and when I gave him the money he said, " John, I had better give you my note;" says I, " Never mind;" says he, " You had better have the note, for I might die, and you would lose the money;" says I, "It's no matter;" says he, " I gave a mortgage to Edward Rowe oh the church," (he was after finishing the church then), says he, " it's only a matter of form; I never got any money from Edward for the church ; its merely to blind- TESTIMONY OF JOHN LEVERTY. 477 fold the Bishop and the congregation, for as long as the church is in debt the Bishop won't be troubling me for any money." Q. What did he say about taking up collections to pay the mortgage? A. He said that the collections he would take up * would be about what would meet the time of the note, so as it would not trouble>im ; said that Edward gave him no money at all, .was a mere matter of form. Q. Did he tell you what the amount of the mortgage was he had given to Edward.? A. No; not to my recollection. Q. Did you learn for what purpose he was taking that two thousand dollars to Edward.? if so, state it. A. He told me he generally went down in January and July and gave whatever money he had to Edward, for he did not want it to be known that he had any money in banks in Ehode Island or Connecticut. Q. Did you understand from him that he was taking money to Edward for the purpc se of having him keep it for him, or was it to pay a debt he owed him.? (Objected to on the same grounds.) A. I understood him that he was leaving his money with Edward to be put at interest for him; think that's what I understood about it from him. Q. Where was Father Duffy living at this time when 591 you let him have the money.? A. In Pascoag, R. I., nineteen miles out of Provi- dence, I believe; there was two or three little places; don't know which it was; we used to call it Pascoag; there is where we directed the letters. Cross-examined by Mr. Pitney: X f Q. How long did he live at this place we have been talking about. A. I guess he lived there nine or ten years; think so; can't be positive; lived there most of his time since he was a priest. Q. Did he ever live at a place called Burrilville.? A. That was one of his missions; he had three mis- sions; I believe Burrilville and Pascoag is all one; all one to him, I guess, anyway. Q. Is it usual in the Catholic Church for the Pastor to own the church, or for the Bishop to own it? A. When the Church is in debt, or any church, it is in the Bishop's name. "■' (Answer objected to, as irresponsive.) He gives a deed of it to the Priest until it is out of debt; 488 TESTIMONY Of JOHN LEYJERTY. then, when it's out of debt, the Priest then gives a quit- claim back to the Bishop, and he holds again for the people; that's as I understand it. Q. Now is it not a universal rule in church for the Bishop, to hold the titles to all the church property? A. The first church property we ever owned in Bridge- port was bought by an Irishman, (Answer objected to, as irresponsive.) by name of Eichard McColif; he deeded it over to the Bishop of Boston; we had no Bishop in our diocese when I sold the burying-ground in Bridgeport to Bishop O'Reiley; he deeded it to Father Synot, our priest; (I- was on the spot same day); Father Synot gave me a note for two thousand eight hundred dollars. Q. I refer to the Catholic Church at large, and I don't want to know anything about the operations of your church at Bridgeport; I am asking you whether or not, if you know, is it not the rule in your Church for the Bishop to hold the title for lands belonging to the Cath- olic Church? 592 A. In the diocese of Hartford it is the rule for him to hold it when it is out of debt; I never knew him to have it without. ^ J,/ Direct-examination resumed: ■ Q. Did Father Duffy ever pay you the one hundred dollars? if so, how? (Objected to, as irrelevant.) A. He never spoke of it from that day to this, until he spoke of it when he was on the stand here. Q. Did you ever see a copy of a mortgage Duffy gave to Edward Eowe; and, if so, where did you get it? (Objected to, as entirely irrelevant and imma- terial.) A. I got it from the Eecord Office where the church was built. Q. Is this the paper you refer to? (Exhibit 10.) A. Yes. Q. How did you get that; go in person, or vn-ite for it? * (Objected to, as hearsay, immaterial, and irrele- vant, and mere attempt to waste time, and to drag into the case what the counsel very well knows is incompetent evidence.) A. I got a lawyer, a Mr. Hollester, of Bridgeport, to write and get it for me, and the paper came back. (Counsel for Executors desires to say that if Counsel for Caveators offers that paper just shown to witness in evidence, that he objects to it, as it is not sustained by any legal proof what- TESTIMONY OF JOHN J. SILVER. 479 ever, and also irrelevant, immaterial, if it were properly proved.) JOHN LEVERTY. (Sworn before me, ) Aug. 5, 1869. f Jos. W. Ballentine, Sm-rogate . Adjourned until 3 o'clock, P. M. 3 o'clock, p. M. Case resumed. Present — Pitney, Proctor for Executors. Vanatta, Proctor for Caveators, and Parties. John J. Silver, a witness called on part of Caveators sworn: Examined by Mr. Vanatta : Q. Where do you live? A. 191 Grold street, Brooklyn. Q. What is your business, and where is it.^ A. Looking-glass and picture-frames, at 557 Broad- way, New York. (Counsel for Executors here states that if any 593 evidence is. td be offered on part of Caveators that is not strictly in answer to the Executors' rebutting evidence, the same is objected to, as out of place and not competent to be offered at this stage of the case. Also states that neither of his clients are present, and is not prepared to cross-examine on matters that would have been competent as principal evidence on tlie Caveators' ptincipal case. Q. How long have you been at that place? A. Been there over three years. Q. Where before that? A. Williams & Stevens, 354 Broadway. Q. Same business? A. Yes. Q. How long were you with tli(,'iu? A. About twelve years. ' Q. Did you know Edward Rf we, of 56 Elm street, in ?■ his lifetime; if so, how long? A. Yes; over fourteen years. Q. Did you know his iDrother Patrick; and, if so, for how long? A. Same length of time. Q. Did you visit 5Q Elm street; if so, frequently or seldom? A. Yes; very often. Q. Do you know Michael J. Diery; if so, how long? * A. Yes; about five years, 480 TESTIMONY 01' JOHN J. SILVER. Q. Before he went to clerk for Edward Eowe, where was he employed? A. At Williams & Stevens, same place I was. Q. What did he do there? A. He used to be a porter. ~ Q. Did you see much of him after he went to 56 Ehn street, in the employ of Rowe? A. I did; see him every day. Q. In the fall of 1866, did Michael J. Diery tell you anything about Patrick Eowe's having made a will? A. Yes, sir. ' Q. State what he first told you about that? A. I was there on one evening, (Counsel for Executors objects to any state- ment that may have been made by Mr. Diery, as hearsay, and if intending to contradict Mr. Diery on further ground that no foundation has- been laid for such contradiction, and .object generally to any evidence tending to contradict him unless it be that part of the evidence that came out on direct-examination. Objection is made to con- tradicting him upon matters that came out on cross-examination and on collateral matters.) 594 when he told me that Mr. Eowe had made a will, between himself, Father Duffy, and Mr. Eowe. Q. Did he say who had done the writing? A. I believe he told me Father Duffy did. Q. State all he told you, as to what was done on that evening about the will? A. He said there was a will made there that night, between the three of them. Q. Did he tell you how Patrick was, as to being sober; if so, state what he said as to that? A. He was pretty tipsy. Q. Did he tell you anything that Father Duffy had said to Patrick, and what Patrick said in reply; if so, state it? / A. He told me that Father Duffy wrote the will and read it to Patrick, and that Patrick told him that what Father Duffy done was all right. Q. What did you say to Diery about that? A. I told him that a will like that kind never stood law. Q. What did Mr. Diery say to that? A. He said he took it down town to a lawyer's to have it made different. * Q. Did he tell you who had taken it to the lawyer's; if so, who? A. Father Duffy and Mr. E(jwe himself Q. Did he tell you what lawyer he had taken it to? TESTIMONY OF JOHN J. SILVER. 481 A. Yes; Mr. Flanagan. Q. Did he tell anything about what was in the will ; if so, state what he said were the provisions of the will. A. He told me there was five hundred dollars left to him. Q. Did he tell you as to any other persons named in the will.? A. Yes; two or three more. Q. Can you remember their names? A. Yes; one's name was Kichard; don't know his other name. Q. Do you know what his business is.? A. Yes; plumber. Q. After that did Mr. Michael J. Diery ever talk to you about his having been charged with stealing a watch from Patrick Kowe.? A. Yes, sir. Q. State what he said about that.? (Same objections as before.) A. He told me that if they accused him of taking the gold watch he would fix them. Q. Did he say how he would fix them.? 595 A. About the will. Q. What did he say he would do about the will in that event.? A. That the will ain't worth a pinch of snuff without him. Q. Do you know whether Diery was carrying on busi- ness in Twenty-fifth street. New York, after Mr. Kowe's death.? A. Yes. (Same objection.) Q. Did you use to go to see him while he was there.? A. Yes; not very often; used to stop there once or twice a week. , Q. At that place did he tell you about any body's call- ing to see him; if so, who, and where were they from and what occurred? A. He told me there were three persons came to call on him from the Eastern States. (Same objection.) That there were three persons came there to see if they could pump anything out of him about the will, or some- thing of that sort; he told me he gave them no satis- faction. Q. In that conversation did he say anything about ■ Father Duffy; and if so, what? A. He told me that he got a letter from Father Duffy, to stick to his fri end; that it would be all right. ■ ^ 482 TESTIMONY OF JOHN J. SILVER. Q. Did he say whether Father Duffy had written to him about keeping his mouth shut; if so, what? A. Can't remember all he said about that; something to that effect. Q. Did he give you the name of any of the three per- sons who had stopped there to pump him or the name of any person who was there with them.? A. Yes, there was one name Eichard, a plumber; he told me they were relations of Mr. Howe's; that's all I remember about it. Q. You spoke about his telling you one evening about the will having been written: had you been in Eowe's store during the day preceding the evening he told you this.? A. I was there about ten o'clock in the morning of the same day. ' Q. Who did you see there then.? A. Michael Diery. Q. Did you ask for Mr. Kowe.? A. I did. Q. What did Michael say.? 596 (Same objections.) A. He told me that Mr. Rowe and Father Duffy had gone to a lawyer's; either said to fix the will or make the will, I can't say which; either one or the other. Q. After Edward Eowe's death, when Patrick Eowe was in New York, how was he as to being under the in- ' fluence of liquor.? A. I found him pretty often under the influence of liquor. f Q. What time of the day was he most apt to be so ? A. -Towards evening. Q. Did you see him take drink at that place ; if so, seldom or often.? A. Very often. ■ Q. What did he drink.? A. Brandy. Q. How did you know it was brandy.? A. Because I drank it myself— out of the same bottle. Cross-examined by Mr. Pitney : Q. Who is your present employer.? A. B. W. Merriam. * Q. What wages do yo you get.? A. Sometimes eighteen, sometimes twenty, sometimes twenty-five dollars a week. Q. What wages do you get now.? A. Depends on what I do — sometimes piece work sometimes day's work. ' TESTIMONY OF ALFRED F. AUSTIN. 483 Q. What is the work? A. Looking-glass plating. Q. Was that what yon were engaged in at Williams & Stevens? A. Same thing. Q. And you used to frequent Kowe's house, did you ? A. Yes. Q. Take a drink occasionally there? A. Very often. Q. Didn't generally go there till evening, did you? A. Grenerally in evening; sometimes stopped there through the day, if I was out. Q. And you visited Diery's place in Twenty-sixth street fjr same jjurpose, didn't you — to take a drink? A. Yes. Q. Did Diery mention to you that one of the three men who had called to pump him ahout the will, had offered him five hundred dollars to come out here and swear against the will? A. Never heard of it. Q. When was this that Diery told you that they had 597 been fixing up a will? A. In Elm street; I can't tell you the day — it was the latter part of the week ; can't recollect the day of the month. Redirect-examination : Q. In the conversation Diery had with you about fix- ing up the will, in the store, did he say how long they were at it, and at what time of night it was done? A. He told me it was done between eleven and twelve o'clock, after they closed up. JOHN J. SILVER. Sworn before me, \ August 5, 1869, j Jos. W. Ballentinb, Surrogate. Alfred F. Austin, a witness called on part of Caveators, sworn: Examined by Mr. Vanatta : Q. State where you reside? A. Suffield, Connecticut. Q. Your business? A. Tobacconist, now. Q. In what business were you in the fall of 1866? A. Carriage and sleigh business. Q. Were you alone, or a member of a partnership? 484 TESTIMONY OF ALTKED F. AUSTIN. A. I was a member of a firm, myself and brother. Q. The name of your firm, what was it.'' A. Austin Brothers. Q. Where was your place of business then.? A. Same place, Suffield. Q. How far is that from Thompsonville.? A. About three miles across the river — Connecticut river. Q. Do you know the Eev. Wm. E. Duffy.? A. Yes; I knew him at that time ; " the Rev. Father Duffy" we called him ; don't know his initials. Q. Did your firm deliver a carriage for Mr. Duffy at Thompsonville in November, 1866.? A. I did. Q. Carriage sold by your firm.? A. Yes. Q. Did you make the delivery in person.? A. I did. Q. On what day of the month did you deliver it.? A. On Saturday, 17th November, 1866. 598 Q. About what time of day did you arrive at Mr. Duffy's place? A. Could not say whether it was in the forenoon or afternoon; most likely it was in the afternoon. Q. Was he at home.? A. I did not find him at home; I went to the door, rapped, and inquired for Mr. Duffy ; the servant girl said he was not at home. Q. Did she state where he was.? A. New York. Q. Did you see him that day at all? A. I did not. Q. Did you leave the carriage at his place? A. I left it in a carriage-house in the yard,, where the Catholic Church was situated; don't know who owned the building. Q. Did you go to see Mr. Duffy about the carriage; and, if so, when? A. I went the next Monday, and received p&j for it. Q. That was on what day of the month? A. The 19th. Q. Where did you find Mr. Duffy at the time he paid you for the carriage? A. At his house — same place; I left the carriage where he resided, and I inquired for him. * Q. How do you fix the date of the receiving the money? A. By our own cash-book. Q. Is the entry in your handwriting? TESTIMONY OF DE. THOMAS B. FLAGLER. 485 A. Yes; I kept the books. Q. When did you last examine that entry.? A. Last evening. Q. Mr. Diiffy produced here a receipt of your firm for payment for a carriage, bearing date the 17th of Novem- ber, 1866; can you tell how the receipt bears that date? A. I presume it occurred in this wise: I either made out the bill before starting with the carriage from home, thinking I might find him home and receive the pay, or I might have dated it back on the day I delivered the caniage; it was my habit, before starting away, if there was any receipts to give, to make them out; have de- hvered a great many carriages on the steamboats to ship to Pennsylvania, and have invariably made out the bills before starting, to be signed by the company. Q. Did you ever sell or deliver more than one carriage to Father Duffy, or did he ever pay you for more than one? A. I think not; he bought a sleigh of us on the 21st 599 November; came over to the shop, picked it out, and paid for it at the shop. Cross-examined: /' Q. Where do you reside now? A. Suffield, Conn. Q. How long did you continue in the carriage busi- ness after this sale? A . Until the 9th of last October. Q. Did you ever do any repairing for him? A. Don't.remember as we did — we repair for so many people, I can't keep them all in mind. A. F. AUSTIN. Sworn before me, ) August 5, 1869. j Jos. W. Ballentinb, Surrogate. Adjourned until Tuesday, August lO, 1869, ten o'clock, A. M. Tuesday Morning, Aug. 10, 1869, 10 oclock, A. M. »599 Case resumed pursuant to adjournment. Present — Mr. Pitney, Proctor for Executors. Mr. Vanatta, Proctor for Caveators, and Parties. Dr. Thomas B. Flagler, a witness on part of Ca- veators, recalled and resworn: Q. On the day the codicil to Mr. Rowe's will was signed, or on any other day or time, did you ask Father Duffy to speak to Mr. Patrick Eowe, or to do anything 486 TESTIMONY OF DE. THOMAS B. FLAGLER. to have you appointed one of the executors of Mr. Rowe's will.? A. No, sir; I never did. Q. Did you say to Father Duify that you would like to be co-executor with him, because you had a large family and nothing but your professional labor to sup- port them, or anything like it? A. No, sir. Q. On the day that the codicil was signed, did you see Dr. Smith at Mr. Eowe's house, or any other place.? A. No, sir. 600 Q. Did you at any time see Dr. Smith at Mr. Rowe's house. A. I saw a physician there at Mr. Rowe's house from New York; I disremember his name and the time; don't know whether it was before or after the codicil was signed. Q. On the occasion of seeing that physician there, what, if anything, was said and done in relation to his going to the railroad depot; just state what occurred. A. When he was coming up to the cars, or talking of starting, I told him I was coming directly up, and he could ride with me; Mr. Duffy says, " I will walk up with him myself; I want to see him — would just as soon walk up as to ride." Q. Did you see that physician there on more than one occasion? A. No, sir. Q. Did you ever have any conversation with Father Duffy on any occasion about your being appointed one of the executors of Patrick Rowe's will? A. No, sir. Cross-examined : No questions. Sworn before me, \ Aug. 10, 1869. Jos. W. Ballentine, Surrogate. TESTIMONY OF JOHN J. SILVER. 481 A. Yes; Mr. Flanagan. Q. Did he tell anything about what was in the will; if so, state what he said were the provisions of the will. A. He told me there was five hundred dollars left to him. Q. Did he tell you as to any other persons named in the will.? A. Yes; two or three more. Q. Can you remember their names.'' A. Yes; one's name was Kichard; don't know his other name. Q. Do you know what his business is? A. Yes; plumber. Q. After that did Mr. Michael J. Diery ever talk to you about his having been charged with stealing a watch from Patrick Rowe.? A. Yes, sir. Q. State what he said about that.'' (Same objections as before.) A. He told me that if they accused him of taking the gold watch he would fix them. Q. Did he say how he would fix them.? 595 A. About the will. Q. What did he say he would do about the will in that event.? A. That the will ain't worth a pinch of snuff without him. Q. Do you know whether Diery was carrying on busi- ness in Twenty-fifth street, New York, after Mr. Rowe's death.? A. Yes. (Same objection.) Q. Did you use to go to see him while he was there.? A. Yes; not very often; used to stop there once or twice a week. Q. At that place did he tell you about any body's call- ing to see him; if so, who, and where were they from and what occurred.? A. He told me there were three persons came to call on him from the Eastern States. (Same objection.) That there were three persons came there to see if they could pump anything out of him about the will, or some- thing of that sort; he told me he gave them no satis- faction. Q. In that conversation did he say anything about * Father Duffy; and if so, what.? A. He told me that he got a letter from Father Duffy, to stick to his friend; that it would be all right. 61 482 TESTIMONY OF JOHN J. SILVER. Q. Did he say whether Father Duffy had written to him about keeping his mouth shut; if so, what? A. Can't remember all he said about that; something to that effect. Q. Did he give you the name of any of the three per- sons who had stopped thei'e to pump him or the name of any person who was there with them.^ A. Yes, there was one name Eichard, a plumber; he told me they were relations of Mr. Rowe's; that's all I remember about it. Q. You sjioke about his telling you one evening about the will having been written: had you been in Rowe's store during the day preceding the evening he told you this.? A. I was there about ten o'clock in the morning of the same day. Q, Who did you see there then? A. Michael Diery. Q. Did you ask for Mr. Eowe? A. I did. Q. What did Michael say? 596 (Same objections.) A. He told me that Mr. Rowe and Father Duffy had gone to a lawyer's; either said to fix the will or make the will, I can't say which; either one or the other. Q. After Edward Rowe's death, when Patrick Rowe was in New York, how was he as to being under the in- fluence of liquor? A. I found him pretty often under the influence of liquor. Q. What time of the day was he most apt to be so ? A. Towards evening. Q. Did you see him take drink at that place ; if so, seldom or often? A. Very often. Q. What did he drink? A. Brandy. Q. How did you know it was brandy? A. Because I drank it myself — out of the same bottle. Cross-examined by Mr. Pitney : Q. Who is your present employer? A. B. W. Merriam. * Q. What wages do yo you get? A. Sometimes eighteen, sometimes twenty, sometimes twenty-five dollars a week. Q. What wages do you get now? A. Depends on what I do — sometimes piece work, sometimes day's work. TESTIMONY OF ALFRED F. AUSTIN. 483 Q. What is the work? A. Looking-glass plating. Q. Was that what you wore engaged in at Williams & Stevens.!^ A. Same thing. Q. And you used to frequent Eowe's house, did you ? A. Yes. Q. Take, a drink occasionally there.? A, Very often. Q. Didn't generally go there till evening, did you? A. Generally in evening; sometimes stopped there through the day, if I was out. Q. And you visited Diery's place in Twenty-sixth street for same purpose, didn't vou — to take a drink? A. Yes. Q. Did Diery mention to you that one of the three men who had called to pump him aljout the will, had offered him five hundred dollars to come out here and swear against the will? A. Never heard of it. Q. When was this that Diery told ymi that they had 597 been fixing up a will? A. In Elm street; I can't tell you the day— it was the latter part of the week ; can't recollect the day of the month. Redirect-exaniivotkm : Q. In the conversation Diery had with you about fix- ing up the will, in the store, did he say how long they were at it, and at what time of night it was done? A. He told me it was done lietween eleven and twelve o'clock, after they closed up. • JOHN J. SILVER. Sworn before me, | August 5, 1869, j Jos. W. Ballentine, Surrogate. Alfred F. Austin, a witness called on part of Caveators, sworn: Examined by Mr. Vanatta: Q. State where you reside? A. Suffield, Connecticut. Q. Your business? A. Tobacconist, now. Q. In what business were you in the fall of 1866? A. Carriage and sleigh business. Q. Were you alone, or a member of a partnership? 484 TESTIMONY OF ALFEED F. AUSTIN. A. I was a member of a firm, myself and brother. Q. The name of your firm, what was it? A. Austin Brothers. Q. Where was your place of business then? A. Same place, Sufiield. Q. How far is that from Thompsonville? A. About three miles across the river — Connecticut river. Q. Do you know the Kev. Wm. E. Dufiy? A. Yes; I knew him at that time ; " the JEley. Father Duffy" we called him ; don't know his initials. . Q. Did your firm deliver a carriage for Mr. Duffy at Thompsonville in November, 1866? A. I did. Q. Carriage sold by your firm? A. Yes. Q. Did you make the delivery in person? A. I did. Q. On what day of the month did you deliver it? A. On Saturday, 17th November, 1866. 598 Q. About what time of day did you arrive at Mr. Duffy's place? A. Could not say whether it was in the forenoon or afternoon; most likely it was in the afternoon. Q. Was he at home? A. I did not find him at home; I went to the door, rapped, and inquired for Mr. Duffy ; the servant girl said he was not at home. Q. Did she state where he was? A. New York. Q. Did you see him that day at aU? A. I did not» Q. Did you leave the carriage at his place? A. I left it in a carriage-house in the yard, where the Catholic Church was situated; don't know who owned the building. Q. Did you go to see Mr. Duffy about the carriage; and, if so, when? A. I went the next Monday, and received pay for it. Q. That was on what day of the month? A. The 19th. Q. Where did you find Mr. Duffy at the time he paid you for the carriage? A. At his house — same place; I left the carriage where he resided, and I inquired for him. * Q. How do you fix the date of the receiving the money? A. By our own cash-book. Q. Is the entry in your handwriting? ■tESTIMONT OF THOMAS B. FLAGLER. 485 A. Yes; I kept the books. Q. When did you last examine that entry? A. Last evening. Q. Mr. Duffy produced here a receipt of your firm for payment for a carriage, bearing date the 17th of Novem- ber, 1866; can you tell how the receipt bears that date? A. I presume it occurred in this wise: I either made out the bill before starting with the carriage from home, thinking I might find him home and receive the pay, or I might have dated it back on the day I delivered the carriage ; it was my habit, before starting away, if there was any receipts to give, to make them out; have de- livered a great many caiTiages on the steamboats to ship to Pennsylvania, and have invariably made out the bills before starting, to be signed by the company. Q. Did you ever sell or deliver more than one carriage to Father Duffy, or did he ever pay you for more than one? A. I think not; he bought a sleigh of us on the 21st 599 November; came over to the shop, picked it out, and paid for it at the shop. Cross-examined : Q. Where do you reside now? A. Suffield, Conn. Q. How long did you continue in the carriage busi- ness after this sale? A . Until the 9th of last October. Q. Did you ever do any repairing for him? A. Don't remember as we did — we repair for so many people, I can't keep them all in mind. A. F. AUSTIN. Sworn before me, ) August 5, 1869. j Jos. W. Ballentine, Surrogate. Adjourned until Tuesday, August 10, 1869, ten o'clock, A. M. Tuesday Morning, Aug. 10, 1869, 10 oclock, A. M. »599 Case resumed pursuant to adjournment. Present — Mr. Pitney, Proctor for Executors. Mr. Vanatta, Proctor for Caveators, and Parties. Dr. Thomas B. Flagler, a witness on part of Ca- veators, recalled and resworn: Q. On the day the codicil to Mr._ Rowe's will was signed, or on any other day or time, did you ask Father Duffy to speak to Mr. Patrick Rowe, or to do anything 486 TESTIMONY OF JAMES TOOLE, JR. to have you appointed one of the executors of Mr. Kowe's will? A. N"o, sir; I never did. Q. Did you say to Father Duffy that you would like to be co-executor with him, because you had a large family and nothing but your professional labor to sup- port them, or anything like it? A. No, sir. Q. On the day that the codicil was signed, did you see Dr. Smith at Mr. Eowe's house, or any other place? A. No, sir. 600 Q. Did you at any time see Dr. Smith at Mr. Rowe's house. A. I saw a physician there at Mr. Rowe's house from New York; I disremember his name and the time; don't know whether it was before or after the codicil was signed. Q. On the occasion of seeing that physician there, what, if anything, was said and done in relation to his going to the railroad depot; just state what occurred. A. When he was coming up to the cars, or talking of starting, I told him I wa,s coming directly up, and he could ride with me; Mr. Duffy says, "I will walk up with him myself ; I want to see him — would just as soon walk up as to ride." Q. Did you see that physician there on more than one occasion? A. No, sir. Q. Did you ever have any conversation with Father Duffy on any occasion about your being appointed one of the executors of Patrick Rowe's will? A. No, sir. Gross-examitied : No questions. Sworn before me, \ Aug. 10, 1869. Jos. W. Ballentine, Surrogate. Tuesday Moenhng, August 31st, 1869. Case resumed pursuant to notice of Executor. Present — Pitney, Proctor for Executors; De Mott, for Caveators. Second direct-examination on part of Executors. James Toole, Jr., a witness, called on part of Execu- tors, sworn: Examined by Mr. Pitney: Q. Where do you live? TESTIMONY OF JAMBS TOOLE, JR. 487 A. Thonipsonville, Connecticut. Q. How old are you? A. Eighteen years. Q. Your occupation.? 601 A. I go to school. Q. Where were you born.? A. Thompsonville, Connecticut. Q. Have you been assisting Kev. Father Duflfy in Thompsonville during the last three years? A. I have ; taking care of his horse and other chores about the place. Q. Do you recollect of his getting a new carriage when he first came to Thompsonville? A. I do ; he got it from Austin Bros., Suffield, Con- necticut. Q. Were you there when the carriage was brought home? A. Yes. Q. Who brought it, and what time in the day was it? A. Mr. Austin brought it; it was about six o'clock in the evening, or after. Q. Where were you when Mr. Austin came with the carriage? A. On Mr. Doyle's store stoop. Q. How far is that from Father Duffy's house? A. About ten rods. Q. Did Mr. Austin come by Father Duffy's house with the carriage? A. No, sir. Q. Was Mr. Austin's horse and carriage in motion or standing when you first saw it? A. In motion. * Q. Coming over from the ferry? A. Yes; the street runs north and south; it is South Main street; that is the direct road from Suffield by the ferry; Father Duffy lives on the same street. Q. How far did Mr. Austin go with the carriage be- fore he stopped? A. As far as Mr. Doyle's store. Q. How much farther would he have had to go to get to Father Duffy's house? A. About ten rods further to the east in a straight line; there is a crook in the comer at Doyle's store. Q What occurred when Mr. Austin got to Doyle's store with the carriage? A. He stood still; I called Mr. Doyle out, and said " Here was Father Duffy's carriage;" Mr. Doyle came out; they went up to Father Duffy's barn; I went with them (Mr. Austin and Doyle); put the carriage in 488 TESTIMONY OF JAMES TOOLE, JR. the barn, and Mr. Austin started on the same road home (same road he came). Q. Where was Father Duffy at this time.'' A. He was hearing confessions in the church. Q. Did you hear anything said to Mr. Austin byany- 602 body as to where Father Duffy was? A. No. Q. Was the barn by the house or by the church.'' A. By the church. Q. Is the church and house on the same street.'' A. No. Q. While you were there did Mr. Austin go to Father Duffy's house.'' A. No, sir. Q. Was you with him all the time he was there.'' A. Yes, sir. Q. Did he go any nearer Father Duffy's house than Mr. Doyle's store.'' A. No, sir. Q. Did you hear anything said by Mr. Austin about his being in a hurry to get away.? A. No, sir; might have said it; I was not near enough to hear it. Q. Was it usual for Father Duffy to hear confessions Saturday afternoon? A. Yes. Q. Did Mr. Austin have an extra wagon to ride home iu? A. Yes. Q. Has this carriage ever been painted or varnished * .since it was got? A. Yes. Q. When was that? A. On the 18th of August, 1868; I took it over to Mr. Austin. Q. How long was it then away, and how long did it take to fix it? A. Ten days. Q. Any day fixed when it would be ready? A. He promised to have it ready in a week from the Friday following. Q. Did you go after it then? A. No, sir; I went after it on the next Saturday, a week from the Saturday following; Father Duffy went with me. Q. Did you get it? A. No, sir; he said the carriage wasn't quite dry, and he darsen't take it out on account of the day being quite wet. Q. When did you go for it again? TESTIMONY OF MICHAEL DOYLE. 489 A. Next Tuesday; I brought ovei' twenty-five dol- lars and paid it to him; left five dollars due for paint- ing and varnishing. Q. Do you know whether Mr. Austin ever came after that five dollars or not.? A. No, sir, I don't; I paid twenty-five dollars to Mr. Austin; the bill was thirty dollars. Q. Are there any houses in the street between Father Duffy's house and the corner, Doyle's store.'' 603 A. No, sir; all one building; Father Duffy's stands by itself; no houses between that and Doyle's, on the same side of the street as Doyle's store; Mr. Austin did not pass Father Duffy's house at all; (I did not see him). Sworn before me, } August 31, 1869. I JAMES TOOLE, Jk. Jos. W. Ballentine, Surrogate. Cross-examination : No questions. Michael Doyle, a witness called on part of Executors, sworn: Examined by Mr. Pitney: Q. Where do you live.^ A. Thompsonville, Connecticut. Q. What is your occupation.? A. I keep a grocery and liquor store, and am 54 years of age the 29th of next September. Q. How long have vou lived there.* A. Since '54. Q. Are you acquainted with Father Duft'y.? A. Yes, sir. Q. What street is your store on? A. On the corner of South Main and Pearl streets; we don't go by names much there. Q. How far is your store from Father Duffy's house.'' A. Eight or ten rods; I ought to know exactly, as both properties belong to me; but I don't. Q. Are you acquainted with Austin Brothers, of Suf- field? A. Yes. Q. Did you ever go with Father Duft'y there to order a carriage .? A. It was I that brought him there; was previously acquainted with them; I brought Father Duffy's prede- cessor there, and' he bought a carriage and sleigh from the same firm. 62 490 TESTIMONY OF MICHAEL DOYLE. Q. By "brought them there," you mean intro- duced them? A. Yes. Q. Were you ^jresent at SuiReld when the bargain was made for the carriage.? A. Yes. Q. In coming from Suffield to Thompsonville, Con- necticut by way of the ferry, would you get to your store before you got to Father Duffy's house ? A. Yes, sir; and would jaass my store to get to Fath- er Duffy's house; would have to turn a corner to get there, as the street bends there. 604 Q. Do you recollect when the carriage was brought home.!* A. Yes. Q. Do you recollect whether or not it was brought home the day it was promised to he? A. Friday was the day mentioned to bring it home, and tlie carriage did not come home until Saturday. Q. Where did you first see it, after it arrived.!' A. At the corner, in front of my store. Q. Who had it, and what occurred.? A. I was inside, in the store; some person (I don't know but it was the young man Toole) came and told me that Mr. Austin had Father Duffy's carriage outside; I went out to talk to him; he asked me if "Father Duffy was within" (meaning his own house); I said " No, he was in the church; that he could not see him that evening; but you come on with the carriage," says I, " and I will show you where to put it;" I went with him to the barn, by the church; we put in the carriage * (he and I) ; he seemed to be in a huiTy, as it was getting dark, as he couldn't get across the ferry if the night fell; with regard to paying him for the carriage, "As you can't see Father Duffy to-night," J said, " he will make it all right with you on Monday, or I will be re- sponsible;" Austin made answer, and said, "All right." Q. Did you go with Father Duffy to pay for the car- riage; if so, when.? A. Yes; next Monday. Q. You knew that Father Duffy was in the church at the time Mr. Austin called.? A. Yes. Q. Does Father Duffy attend in the church every Saturday afternoon.? A. Yes; every Saturday when he is at home, unless he is sick, which he was once with the rheumatism. Q. Did you understand from Mr. Austin whether he came by the ferry or not? A. He remarked to me when he was going away, that TESTIMONY OF MICHAEL DOYLE. 491 he was in a hurry to catch the ferry, as, if he didn't catch it, he wouhl have to gd around by the bridge. Q. AVhich is the nearest route to Suffield from your 605 store — liy the bridg-e, or terry P A. By the ferry; I should think it was nearly two miles nearer by the ferry than by the bridge. Q. Did you pass Father Duffy's house at all to get to the stables — (with Mr. Austin, I mean).? A. No, sir. Q. As far as you saw, did Mr. Austin go to Father Duffy's house on that occasion.? A. No, sir; I did not see him. Q. Have you any doubt at all in your mind that Father Duffy was in the church on that Saturday after- noon? A. No, sir; I did not see him there, but I knew from circumstances that he was there; I was not in the church myself Q. How far from the church is your store.? A. Twelve or fourteen rods (on Pearl street), I should think. Q. Is it customary for the ])eople of his church to come on Saturday afternoon to say confession? A. Yes; sometimes twenty and sometimes two hun- dred, as near as I can tell. Q. How late do confessions last.^ * A. According to the number that's in it. Q. If Father Duffy was absent, the church would be closed on Saturday afternoons, would it not? A. Yes; and locked. Q. Did you know Patrick RoAve.? A. Yes; I was in company with him on two occa- sions. Q. Whereabouts, and when? A. The first time was on Christmas day, in Thomp- ' sonville; the next was about Easter, I think; had con- siderable conversation with him. Q. How did he appear to be in health? A. He looked good; appeared to be in good health. Q. How did his mind appear to be? A. I considered his mind to be superior to mine; I considered him to be a very sensible man. Q. Did vou see any signs of drink on him? A. No. ' Q. Did you see him drink any at all? A. Don't know; wouldn't swear that I see him drink; he might. 606 Q. Was he in your store, Christmas? A. No, sir; 'twas closed. 492 TESTIMONY OF ELLEN CANAVAN. Q. Did you have any conversation with him when Father Duffy was not by? A. Yes; I took him around and showed him the vil- lage. Q. How did he seem to be or feel towards Father Duffy; friendly, or otherwise. A. He said that when he had his business settled and arranged, he liked Thompsonville, that he would come and live there. Cross-examined : Q. About when was it that Mr. Austin brought that carriage to Thompsonville.^ A. It was sometime in the month of November; the date I cannot give; it was in '66. MICHAEL DOYLE. Sworn before me, ) August 31, 1869. j Jos. W. Ballentine, Surrogate. Tuesday, P. M., 3 o'clock. Case resumed. Present — Pitney, Proctor for Executors; De Mott, Proctor for Caveators. Ellen Canavan, a witness called on the part of Ex- ecutors, sworn. Examined by Mr. Pitney: Of. Where do you live.!^ A. Thompsonville, Connecticut. Q. How old are you.^ A. Nineteen or twenty; can't exactly say. Q. Are you a niece of Kev. Father Duffy.? A. Yes; have lived with him since he has lived in Thompsonville. Q. Have you any sisters .? I. A. Two — Maria and Kate; they Hve with him too. Q. Since you have lived in Thompsonville, have any other females lived at the house, except yourself and two sisters.? A. No. Q. And when visitors call, who generally goes to the door.? A. I generally go all tne time. Q. What day in the week does your uncle hear con- fessions.? A. Saturdays. 607 Q. What time in the day does he commence, and what time does he get through.? TESTIMONY OF ELLEN CANAVAN. 493 A. Generally commences between two and five, and last vmtil nine, ten, and eleven, according to the number of people that come to the church. Q. Is your iincle generally home on Saturdays? A. Yes; imless upon extraordinary occasions; I have never seen him away on Satm-days, except twice or three times; one was at the dedication of a church at Olney- ville, R. I.; that was this summer; the other occasion was at the time of Mr. Rowe's sickness, when he was requested to stop by Mr. Rowe; and once at Sharon Springs, last summer? Q. Do you recollect of Father Duffy's getting a new carriage after he went to Thompson ville to live? A. Yes. Q. Do joxi recollect of its being brought home? A. Yes. Q. How did you hear of its coming home? A. I went to Mr. Doyle's grocery store on the next corner, to buy groceries; he told me that the new car- riage came home. (Objected to.) Q. What time in the evening was that? * A. Between six and eight o'clock. Q. Whei-e was Father Duffy at that time? A. Hearing confessions in church. Q. Did you tell Father Duffy that that carriage had got home; if so, when? A. When he came in? Q. Did anybody come to the house that afternoon or evening to inquire for Father Duffy? A. No, sir. Q. Were you in the house all that afternoon and even- ing? A. Yes. Q. Do you recollect of the carriage going away to be varnished at anv time? A. Y^es. Q. When was that? A. About August, last year? Q. Who took it away to be varnished? A. Mr. Toole, the boy that attends the horse. Q. Do you recollect of its being brought home? A. Yes; Toole brought it home. Q. Do you recollect at any time after that of a gen- tleman's calling to see vour uncle? A. Yes. Q. Tell what passed. A. He came to the door, and inquired if Father Duffy 608 was home? I said "No." (Objected to.) 494 TESTIMONY OF ELLEN CANAVAN. he asked me " Where he was? " I said "In New York;" I asked him his name; he said it was the gentleman that varnished the carriage for Father Duffy; he said his name was Austin; he called again when Father Duff'y was in, about ten days after, for the balance due him on painting and varnishing carriage, which was five dollars; Father Duffy paid him the amount. Cross-examined: No questions. ELLEN CANAVAN. Sworn before me, \ August 31, 1869. 1 Jos. W. Ballentine, Surrogate. Adjourned. TESTIMONY OF JAMES DUFFY. 495 Fhiday Morning, 10 o'clock. * Case resumed. Present — Pitney, Proctor Executors; Vanatta — Proctor Caveators. Objection is here made by Mr. Vanatta, Proctor for Caveators, to the sw^earing of any more witnesses, or the further taking of evidence in this matter, as being out of season, the time for taking evidence liaving ex- pired by ruki of Court. Henry C. Pitney, swoi-n on part of Executors, saith : When I was sworn on the 4th of August, 1869, I omitted, through inadvertence, to state what I now state, t(i-\vit : That Exhibits G, H, I, and K, being books of account offered in evidence on part of Executors, were handed to me by Father Duffy in the month of Decem- ber, I think, 1867. At about that time, and long be- fore the examination of Dr. Flagler, Father Duffy brought me, from Thompsonville, a carpet-bag, contain- ing these books, and other old papers belonging to the Estate of Edward Rowe, and I placed the bag with all its contents, just as they were without alteration, in the vault of the Bank, where it remained for nearly a year, I should think. Since I took them from the vault of the Bank they have been in my possession exclusively, and no alterations or entries have been made in them whatever since they came in my possession. They are 609 now precisely in the same condition that they were when handed to me in December, 1867, so far as I know, and as I verily believe. H. C. PITNEY. Sworn before me, ) October 8, 1869, j Jos. W. Ballentine, Surrogate . James Duffy, a witness called on part of Executors. Same objection is made to the swearing of this wit- ness or the taking of any more evidence for the reason before stated. Witness sworn. Examined by Mr. Pitney. Q. Where do you live ? A. 98 Seventh street, New York. Q. What is your age ? A. I think I'm 44. Q. What is your occupation ? A. Am a cooper by trade. Q. Do you carry on the business of coopering now ? A. Yes, at 245 & 247 Sixth street. New York. 496 TESTIMONY OF JAMES DUFFY. Q. How long have you been engaged there at that bus- iness ? A. Since February, 1853. Q . Are you the proprietoi- of the establishment ? A. Yes. Q. When did you come to this country ? A. I landed December, 1848. Q. What relation are you to John Fknagan ? A. He is a brother-in-law of mine ; I married his sister. Q. Are you a brother of Rev. Wm. E. Duffy, of Thompsonville, Connecticut ? A. Yes. Q. Are you in the habit of seeing him often ? A. No sir ; don't see him once a year sometimes ; sometimes more than that. Q. Does he visit your house ? A. No sir ; never visited my house but once ; that was in June, 1853. Q. Were you acquainted with Edward and Patrick Eowe, formerly of 56 Elm street. New York ? A. Yes. Q. How long were you acquainted with them ? A. From the month I landed ; it was 3 or 4 days be- fore I found them out. 610 Q. Were you in the habit of visiting them ; if so, of- ten, or otherwise ? A. Yes ; I was in the habit of visiting them say two or three times a week, until Patrick went to Morristown. Q. What occasion had you to visit them ? A. They were the only parties that recognized me when I first came here ; it was my regular stopping place ; Edward got me a situation. Q. Were you in the habit of drinking at their place ? A. It was 12 or 13 years, I guess, that I never drank anything but soda-water in their place ; I was temperate when I first came out, and remained so for 10 or 12 years. Q. Did you ever meet Patrick Eowe in New York af- ter the death of Edward P A. Yes. Q. How often ? A. I don't think I met him over twice. Q. What and what occasions were those ? A. The first time I met him (I can't give the exact day or date), I was down to Flanagan's office, and we walked * over to Mr. Eowe's store, Mr. Eowe, Flanagan, and I walked up to Broadway, from there to the Continental, and took oysters ; walljed up Broadway to the corner of Fourth and Lafayette place ; Mr. Flanagan hired a TESTIMONY OF JAMES DUFFY. 497 coach ; Mr. Kowe and him went to see Flanagan's in- tended that niglit ; that's all I know ahout him that night. The next time I met him I was coming to Flanagan's office in regard to the title of some property I bought, to get him to search the title for me, and in coming down, on the sidewalk by the office (80 JJassau street), I met Mr. Eowe and Flanagan coming down stairs. Mr. Rowe took hold of me and turned me around on the sidewalk ; he asked me where I was go- ing ; told him I was coming to see John (Flanagan) about the searching of my title ; he said, " We are go- ing up the street, just walk up with us." We walked up to the corner of Chatham and New Chambers streets ; Mr. Rowe and I stood on the corner of Chatham and New Chambers, while Mr. Flanagan went over to Dr. Dillon's, (corner of Pearl and Rose, or New Chambers, I think, can't exactly say which). He came back and told Mr. Rowe that the Doctor wasn't in ; we walked across to Judge Gross' office and went up stairs. Mr. Flanagan told me to stop outside, as they were going in- side of the office, and that they would be out soon ; I sat outside on the banisters of the stairs ; they went in ; they were in not very long, say not above a quarter of an hour. We came down stairs then (us three), went to Sweeney's restaurant, took dinner there ; we had fish for dinner, and some vegetable soup ; then we came out. 611 Young Gross (Jacob Gross) came in as we were there, and passed through ; we came out then, went down Nas- sau a little ways ; I parted with them, and I went to Staten Island to collect a small bill. Q. In what boat did you leave for Staten Island.? What time did you get off.? A. Think it was 3 o'clock boat. Q. What time was it when you first got to Flana- gan's office that day ? A. I think, to the best of my knowledge, it was about half-past eleven o'clock in the forenoon. Q. How far from the corner of New Chambers street, where you and Mr. Rowe stopped, was it to Dr. Dillon's office ? A. About 3 blocks or so ; don't think it's any further. (I Was anything said to you why Flanagan went to Dr. Dillon's office ? A. No, sir ; nothing said to me about it. Q. Was anything said to you what their business was to Judge Gross' ofiice ? A. No, nothing told to me at all. Q. Who first proposed going to Judge Gross' office ? A. I don't know ; both spoke about it ; I think that 498 TESTIMONY OF JAMES DUFFY. it was John spoke about it, when the Doctor wasn't in, that he said we had better go across to Gross' office. Q . Were you acquainted with Judge and Jacob Gross at that time ? A. No, sir, not with the Judge ; was acquainted with Jacob ; knew he (the Judge) was Judge of the Marine Court, though. Q. Can you tell the date of this visit to Judge Gross' office ? A. To the best of my opinion it was about the middle of November. Q. Why do you think it was the middle of November ? A, Because I bought my property about the 1st of November (bargained for it) ; got my deed 1st of Decem- ber ; so I came down to get John to do the searching, so as to have it done in time ; as I did not pay him for do- ing it (John) I came down to urge him up, as he might be dilatory about it ; I had given him orders to search when I made the contract for the property ; called that day to urge him up. Q. On that day, when you went with John and Mr. Kowe to Judge Gross' office, did you see anything of your brother William E. Duffy ? A. No, sir. Q. Did you hear of him, or learn that he was at that 612 time, or had been recently in the city ? (Objected to.) A. I don't think I had. I heard of him at that time very seldom, as he and I were not very sociable, and they didn't care to say anything about him to me ; we were not on veiy friendly terms. Q. Did you leai-n in any way what business John and Mr. Rowe were engaged in at Judge Gross' office that day ? (Objected to.) A. I did not. Q. When and where did you next see Patrick Eowe after that ? (Objected to ) A. I saw him in Morristown at his own house. I think it was on the 16th of September, 1867, if I don't mistake, on a Monday, because I had my family down at Eockaway (N. Y.) and came to New York that day. I went down in the afternoon to Mr. Flanagan's office ; he told me then that Patrick Rowe was very sick, and that I_ had better go down and see him, because he heard Pat- rick say that I never went to see him after all my prom- ises. I had promised several times to go and see him, but never had gone ; so I came out that night and stopped up with Mr. Rowe that night. TESTIMONY OF JAMES DUFFY. 499 Q. Was your brother William or Mr. Flanagan there that night ? A No, sir ; there was no one there that 1 know of but Eichard Halpine, and it was then I got acquainted with him. Q. Did you return to New York the next morning, and if not, why not ? A. I expected to go down the first train, but Mr. Kowe wouldn't allow me to go, stating that my brother would be down in the afternoon ; I told Mr. Rowe that I didn't care to see him ; would rather go home ; Mr, Rowe insisted that I should stay until he would come down ; I went home that afternoon. Q. While you were there, did you have any conversa- tion with Patrick about his business affairs, and if so, when and how did it take place ? (Objected to.) A. After the sun got up pretty strong on Tuesday morning, he came out with a blanket around him, and we both sat down on the stoop. I put the question to Mr. Rowe "if he let his friends in Bridgeport know about his sickness ?" He said, "No." I said I thought it rather strange he wouldn't. So he said, " James, they never show their nose here," (that is the word he used,) " since Edward died, and they never come unless when they wanted something." I then asked him the question 613 " if he settled his affairs ?" He said " Yes, I gave it to Bill." That is the last word we had at that conversa- tion. Q. Did he use the word " Bill ?" A. Yes ; that is the word he used. Q. Had you been talking about any Bill before that ? A. No ; that is what I always called him ; never '• called him Father Duffy at all, unless among strangers. Then Mr." Rowe said, " James, don't you let none of my friends in New York know anything about my sickness." I then said " Patrick, you are very strange." " If they knew," he says, " they will all flock down here. There is no one here," he says, " but a stranger to wait on me, and she has enough to do with me ; besides, I don't want them." They were his last words he said to me when I was leaving. He also strictly forbid Halpine to tell peo- ple he was sick. Q. Were you out again after that ? A. Yes, I was out the night he died ; only out twice altogf.ther. Q. Was Patrick in the habit, when talking of your brother William, of calling him " Bill ?" A. Yes, he was. Q. You speak of Patrick's taking hold of you on the 500 TESTIMONY OF JAMES DUFFY. sidewalk and turning you around ; was that a usual or an unusual thing for him to do ? A. No, that was always his habit whenever I went to the store ; he was always in the habit of tickling me, and fooling with me ; if there were no one in he was al- ways very jolly. Q. Did you ever have him pinch your legs and arms ? A. Yes, under my arms ; thought he could make me fly around ; he had a great habit of coming on you una- wares, and surprise you by tickling you from behind. Q. On the day you and Patrick and Flanagan went to Judge Gross' office, how did Patrick seem to be as to be- ing sober ? A. He was as sober as the first day I seen him in the country, to my knowledge. Q. What do you mean by that ? A. What I mean by that is, that I never see the man take a glass of liquor, until Di'. Flagler gave it to him when he was sick ; saw him take ale ; never seen him drink in my life ; never knew him to drink to excess. Q. On the day you went with him to Gross' office, did you suppose or suspect that he had l)een drinking any spirituous liquors at all ? A. No sir ; because when he and Flanagan and I was at dinner, thev were funning me about the large family 614 I had. Q. Did you have anything to drink at dinner ? * A. No sir ; don't think we had even water ; we had soup, that was sufficient. Q. How did his mind appear to you to be on the day you went with him to Gross' office '} Did you see any- thing wrong about him, or any change in him from what had been ? A. He was just as pleasant as I ever see him. Q. I refer to whether liis head was clear' or not ; whether he seemed to know what he was doing ? A. His head was as clear as ever I see him ; could see nothing wrong with it, or bis actions either. Q. When you saw him at his house, in September, 1867, how did he talk and act P A. When he would get ease from his pain he would talk as sensible as any man ; never knew liim to be any more sensible. Q. Did he seem to be in pain any part of the time ? A. Yes ; I did not know what was the matter with him ; seemed to have a great heaving at times, but at other times never knew him more sensible ; was able to talk with me about the boys at home, two or three of them at least ; knew the names of the parties now he spoke about. TERTIMOXY OF JAMES DUFFY. 501 Q. When he had those s]iclls of heaving, (witnesH says, by heaving, ho means shortness of breath,) did he seem to have pain ? A. Yes ; he was under jiain as k)iig as that lasted, of com-se. Q. Was he able to talk while those j^ains were upon hhn, and to keep up a conversation with you ? A. He said on two or three occasions, "Oh! James, that's very hard." He was not able to keep up a con- versation all the time ; 1 didn't attempt to keep up a conversation with him. Cross Examineil : Q. What place did you take the boat for Staten Is- land, on the day you left Flanagan and Eowe ? A. Right along side of Hamilton Ferry. Q. Did you take one of the Hamilton ferry-boats ? A. No sir ; one of the Staten Island boats. Q. How frequently did these boats run.' A. Think they go every half-hour. Q. Can you tell at what time the boat left that you * went on ; if so, how do you tell ? A. I think it was 3 o'clock, if I don't mistake. Q. What reason do you give for its being that hour ? A. Well, from tlie time we went to dinner, it must have been about that time that I left ; it must have been 615 from half-past two to three ; it could not be any differ- ence from that time. Q. Who did yon go to see at Staten Island ? A. Th(>y were brewers ; can't give their names now; sold them lager beer kegs ; never sold them but once. Q. Did they pay your bill that day ? A. Don't think' they did. Q. Where was their place of business P A. About a quarter of a mile from the landing; I think the firm has failed since ; I have heard so, at least. Q . Did you go to their place of business ? A. Yes ; I went to the Brewery. Q. Who did you see there ? A. Seen both of the partners. Q. What was the name of the firm ? A. Can't think of the name now ; it was a German name. Q. Did you ask them to pay your bill ? A. Yes. Q. Why didn't they pay it ? A. They said they were not ready that day. Q. Did you go over to Staten Island again to collect that bill ? 502 TESTIMONY OF JAMES DUFFY. A. No sir ; I saw one of the partners when they were in the city afterwards. Q. Did that firm have a store or office in New York at that time ? A. Couldn't say whether they had or not. Q. How long have you known Jacob Gross, of whom you spoke ? A. I know Jacob since he was a mere boy, because he used to study in my house when he was going to school, him and Flanagan ; can't give the number of years ; a good while ; it was when they were both writing for lawyers . Q. What did you go to Flanagan's office for on that day that you met Kowe on the sidewalk ? A. I went down to see John, to have the title searched on the property I bought before getting my deed. Q. You had previously told him about making the search, and gave him directions about it, hadn't you ? » A. Yes. Q. You went to see him on this occasion to tell him to hurry it up, and have it done by the time you wanted it, did you ? A. Yes. Q. Had you any other business with him on that oc- casion ? 616 A. I had not. Q. Did you leave home or your place of business that day, for the purpose of going to Mr. Flanagan's office, or for the purpose of going to Staten Island, or both ? A. I had both in my mind. Q. About what time did you leave home or your place of business that morning ? A. It must be close on to 11 o'clock, I should think. Q. Did you stop anywhere on your way down before you got to Mr. Flanagan's ? A. Not to my recollection. Q. Did you walk down, or i-ide ? A. Think I rode down. Q. About how far is it from your place to Mr. Flana- gan's office ? A. Couldn't tell you exactly the distance ; I think a couple of miles from 6th street to Nassau, not positive. Q. Your place is about half way between Canal street and 14th street, is it not ? A. I think it would be nearer 14th street. Q. How far is it from the City Hall to 14th street ? A. I can't answer that. Q. Did Mr. Jacob Gross take dinner with you and Flanagan on the day you met him at Sweeney's restau- rant ? TESTIMONY OF JAMES DUFFY. 503 " A. To the best of my knowledge he did not ; only came in and passed along. Q. Did he get his dinner there, or just come in and pass out ? A. That I can't answer distinctly, because I did not pay any attention to his coming in or goin"- out. Q. Where is the property that you want'ed Mr. Flan- agan to search the title of ; where is it situated .? A. It is in 6th street. New York, between Avenues " C and D, in the Eleventh Ward. Q. What is the number ? A. 237, 239, 241. Q. Who did you buy it of.? A. I bought it of Mr. Emmett. Q. What Mr. Emmett .? A. Mr. Emmett the lawyer, Richard S. Emmett, I guess ; I believe he sold the property for some of his friends. Q. Did you have a written agreement for the purchase * of that property ? A. I believe I did. Q. Where is that agreement now ? A. I can't tell whether I have it now or not ; I moved last May, and lost a good many of my 2ja])ers : I think it was only an agreement and a receipt for ^300 I paid him that day ; I know he gave me until the 1st of December 617 to have the deed. Q. When did you make that agreement with Mr. Em- mett .? A. It was about the 1st of November, 1866. Q. Did you get a deed for that property ; if so, when "> A. I got a deed the 1st of December, I think. Q. From whom was the deed ? who was the maker .? A. I can't give his name now ; it was one of the Em- mett's. Q. Did you put the deed on Record ? A. Yes ; I left it to Flanagan to do ; I guess he done it. Q. Where did Mr. Flanagan live in the year 1866 ? A. Think he lived with me ; won't be positive ; think I lived in one of these houses ; think 237 I lived then ; the number has been changed since ; I recollect it by the old numbers. Q. Did he board with you ? A. Yes. He was off and on with me, on different oc- casions ; sometimes he would board, and then he would be back with me ; think he was at this time in Brooklyn, in the Assessor's office ; I've made no memorandum ; speak from memory, Q. Where did he board when he was in the Assessor's office in Brooklyn .? 504 TESTIMONY OF JAMES DUFFY. A. I think when he left my house he went to hoard with Wm. E. Robinson, the head Assessor. Q. After he quit the Assessor's office and commenced the practice of law in New York, where did he hoard ? A. I think he boarded with a man by the name of Clafty, in Brooklyn, if I don't mistake. Q. About what time did he quit boarding with Mr. Claffy P A. I can't tell. Q. When did he last board with you ? A. I couldn't tell ; it was some little time before he got married ; can't say how long, Q. When did he get married ? A. I think on the 14th of June, if I don't mistake ; •■■■■ June or July, not positive ; in the year 1867 ; a year last June, must be, year 1868. Q. About how long was he boarding with you at the last time he boarded at your place ? A. I suppose a couple of weeks ; I think he was sick a couple or thi-ee weeks. Q. Where did he board 2 years ago this last summer ? A. I could not exactly tell ; he told me one time he was boarding in a hotel, 42d Street ; never went to see him there ; don't know whether he did or not. Q. Where was it he told vou he was boai'ding in 42d 618 Street? A. I couldn't t.ai that. Q. Did he vote in New York or Brooklyn 7 A. I couldn't answer that ; don't know where he voted. Q. When did the unfriendliness between you and your brother William arise ? A. When 1 got married. I think that was in 1853, if I don't mistake. Q. Was a disapproval of the marriage on his part, the cause of the unfriendliness ? Objected to as irrelevant and incompetent, and advise the witness that he can do as he chooses about answer- ing it. A. I think that is a delicate question to ask me ; it is a family affair. Q. Will you answer the question, or will you not .^ A. I don't care for answering that question. Q. Question repeated. A. No. Counsel for Caveators here remarks that the witness, vmder the advice of the Counsel who produced him, de- clining to answer the questions I put to him, I can ex- amine him no further, and shall object to any use being made of his deposition, and object to his signing it. . TESTIMONY OF JAMES DUFFY. 505 Counsel foi" Executors here says : Counsel for Caveators may ask the Court now in ses- sion for instruction, for a ruling as to wliether the wit- ness should be compelled to answer or not.' Direct resumed : gig Q. How long is it since von have seen the deed that yoTi got from Mr. Emmett ? A, I don't thiuh I have seen it since the property was bought ; think it is in Mr. Flanagan's safe ; never took it home with me. Q. Did you give a mortgage for a part of the consid- eration monev ? A. Yes. Q. Is that mortgage still on the property ? A. Yes. Q. And j'ou pay interest on it ? A. I have sold that property ; part of it last Fall, and some of it this summer ; the interest comes due on the first of December, and first of June. Q. From the time Flanagan went to board with Wil- liam E. Kobinson, up to the time that he was sick at your house, just before he got married (between these times I refer to), did he board at your house at all ? A. I think not. * Q. When he first went to the Assessor's office in Brooklyn, did he have an office in New York, or did he 620 come to New York afterwards ? A. I think he had none in New York then, but came there afterwards ; think after he came from Brooklyn he went with Mr. Gillen. Q. Kow could Flanagan have been boarding at your house in November, 1866, when you bought the 3 houses in Sixth street in that year ? A. I don't think he was ; think he was boarding in Brooklyn w^hen I come to think about it. Witness wants to make a correction in his evidence, to-wit : When he says he has been in business since 1853, he did not mean to say that he had been in that place (245 & 247, old numbers) since that time, but only since 1857 ; been in that same business in New York since 1853. JAMES DUFFY. Sworn and subscribed before me, ) October 8, 1869, ] * Jos. W. Ballentine, Surrogate. Adjourned.