IIIERWEIIEEE WILL.
The Famous Estate Case Before the
Court of Last Resort.
THE LEGAL COMPLICATIONS.
Many Colleges and Hospitals Are Parties
to the Suit—The Estate lVas \Vorth
Several Millions—The Present
Points at Issue.
ALBANY, Oct. 29.—The appeal in the
I
I
I
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T HE E VENiNG G AZ emu
THE lotus-ESCAPE.
The Bedford Station Burglar Has Not
Been Captured.
WERE THERE ACCOMPLICESR
The Sheriff Declares That There \Vere Not
and. Places the Responsibility Upon
the Flimsy Jail Locks—How
‘ the Bandit Got Away.
WHITE PLAINS, N. Y., Oct. 29.—In the
anerweather will case came up for argu- , light of acareful investigation made today
ment in the court of appeals today. The
fight is over $2,500,000 divided between
threescore of colleges and hospitals and
thb' heirs of Daniel B. Fayerweather. A
most interesting array of counsel which
had been retained by both sides was pres-
Q t. This is the most important will con-
test that has ever come before the court of
appeals. ‘
”Daniel B. Fayerweather was a well
known and wealthy leather merchant of
New York city. He died on Nov. 15,
1890, leaving a fortune of $5,000,000 to
various colleges throughout the country
and many benevolent institutions. Mr.
Fayerweather left no children, but a wife
and three nieces—Mrs. Mary W. Achter,
Emma S. Fayerweather and Mrs. Lucy J.
Beardsley—remained as his next of kin.
To the widow, by the terms of the will,
was left $10, 000 in cash, the family home
at 145 East Fifty-seventh street, in New
York city, worth $100,000, and an annuity
of $15,000 in lieuof her dower rights. Mr.
Fayerweather always lived modestly dur-
ing his lifetime considering his means,
and his yearly expenses never exceeded the
annuity which he provided for his widow.
To Mrs. Beardsley was left $100,000, and
the other tWo nieces got $20,000 each.
The eighth paragraph of the will gave
$25,000 each to the Presbyterian and St.
Luke’s hospitals and the Manhattan Eye
and Ear infirmary of New York city and
$10,000 each to the Woman’s and Mount
Sinai hospitals in New York city.
Money For Many Colleges.
Under the ninth paragraph of the will
the following bequests to 20 colleges,
aggregating $2,100,000, were made: Bow-
doin college, Brunswick, Me; Dartmouth
college, Hanover, N. H. ; Williams college;
Amherst College, Amherst, Mass. ; Wesley-
an university, Middletown, Conn; Ham-
ilton college, Clinton, N. Y.; University
of Rochester; Lincoln university of Lower
Oxford, Pa; Virginia university, Char-
~ lotteville, Va.; Hampton university,
Hampton, Va., and Maryville college,
Maryville, Tenn., $100,000 each; Yule col-
lege, $300,000; Columbia college, New
”York city, $200,000; Union Theological
seminary, New York city; Lafayette col-
lege, Euston, Pa.; Marietta college, Mari.
etta, 0.; Adelbert college, Cleveland; Wa-
bash college, Crawfordsville, Ind, and
Park college, Parkville, Mo, $50, 000 each,
and Cornell university $200,000. All of
the bequests in the eighth and ninth ar-
ticles have been paid.
By the tenth article of the will as orig-
inally constructed, Mr. Fayerweather di-
rected that the residue of the estate,
amounting to $2,500,000, be held in trust
and be divided equally among the 20 col-
leges mentioned in the ninth paragraph
of the will. The original will was dated
Oct. 6, 1884, but by codicil made as late
as Nov. 15,1890, the day of Mr. Fayer-
weather’s death, the tenth article of the
will giving the $2,500,000 residue of the
estate to the 20 colleges named in the
ninth paragraph was revoked, and this
residue was devised and bequeathed to
“Justus L. 'Bulkeley, Thomas G. Bitch
and Henry B. Vaughan, to them and their
heirs forever. ”
Proceedings were begun to probate the
will, but thewidow and three nieces ob-
jected on the ground that the will and
codicil were procured by undue influence
and fraud and that the testator was of un-
sound mind.
The Trouble Commences.
Pending the probate of the will the
three residuary legatees made it apparent
that they did not intend to retain any of
the $2,500,000 for themselves and in-
creased the annuity of Mrs. Fayerweather
from $15,000 to $25,000 and gave her an
additional $225,000 in cash. Mrs. Beards-
ley got $100,000, and the two nieces had
their bequests increased from $20,000 to
$62. 500. The widow and nieces then
withdrew their contentious and consented
to the probating of the will and stipu-
lated with the residuary legatees to exe-
cute 3 general release from further benefits
under the will. This release to the residu-
ary legatees was formally made by the
heirs, and the will was probated.
The rcsiduary legatees, by a deed of
gift, distributed the remainder of the resi-
due, amounting to about $2,150, 000,
among colleges and charitable institu-
tions.
The only colleges mentioned in the
ninth article of the will that are remem-
bered by the legatees’ deed of gift are Go-
lumbia, Wesleyan, Lafayette, Maryville,
Wabash, Marietta. and Yale. The remain-
ing 13 of the 20 colleges mentioned in ar-
ticle nine are ignored, and the trustees of
Dartmouth, Amherst, Hamilton and Wil-
liams colleges and of the University of
Rochester brought suit to establish a trust
as to the residuary estate in the residuary
legatees of the will and codicils for the
benefit of the 20 colleges mentioned in ar-
ticle nine of the will and contesting the
legality of the deed of gift to the numer-
ous other institutions.
Justice Truax set the deed of gift aside,
holding that the residue should be distrib-
uted among the 20 colleges as contemplat-
ed by article ten of the will. The general
term aflirmed this decision unanimously.
The defendant trustees, backed by the
schools and hospitals recognized by them,‘
now contest the general term opinion.
Mrs. Fayerweather died in 1898, and
her executors also appeal from the decision
of the general term, holding that the
heirs of Mrs. Fayerweather are entitled to
the residue of the estate which the colleges
are fighting for.
84,500 For Miss Robinson.
NEW YORK, Oct. 29.--—The jury that
tried the action, before Justice Giegerich,
brought by Miss Bertha Robinson of Chi-
cago against David Weisenberger of this
city, to recover $50,000 for breach of
promise of marriage, returned a verdict
today awarding Miss Robinson $4,500.
Justice Glegerich granted the defend-
ant’s counsel 30 days’ stay of execution
and 60 days in which to prepare a case on
appeal.
Fatal Explosion of Natural Gas.
Prrrseunc, Oct. 29.—An explosion of
natural gas at Avalon, a suburb of. Alle-
ghany, today, killed Bessie Osborne, aged
13 years, and seriously injured her broth-
er Dale, aged 9 years, and her sister Edith,
aged 6 years. The house was badly
wrecked. The explosion was caused by a
leak in the kitchen pipes.
it does not seem possible that Edward
Jacques, the Bedford Station burglar who
escaped from jail last night, could have
escaped without assistance from some one
on the inside, although Sheriff Johnson
denies that this could have been the case.
None of the guards or deputies has been
suspended, and the sheriff says that there
will be no suspensions. He is also satis-
fied that he will have Jacques back in the
jail within the next few days.
Telegrams have also been sent to every
city and village as far away as Montreal.
All the ferries are being watched, and the
officials of all the steamships leaving to-
day were notified of the escape.
Six hundred lithographs of the escaped
prisoner will be struck off at once from a
.photcgraph and circulated.
The sherifi took a reporter over the
prison today and pointed out how easy it
was for Jacques to have made his escape.
“Why,” he said, “the lock of his cell
door could have been opened by a nail.
In fact, there are only four decent locks
in the whole building. I have requested
the board of supervisors frequently to take
action. But nothing has been done. Sev-.
eral grand juries have also turned in pre-
sentments calling attention to the unsafe
condition of the jail.
“The only thing that worries me is how
Jacques obtained the files with which he
cut through the bars of his cell. I had a
man on duty all the time to do nothing
but watch the prisoner, as I knew his des—
perate character, and that he had broken
jail before at Westchester, Pa.
Jacques’ Only Visitor.
Jacques has only had one visitor in a
month, and that was his 17-year-old
daughter, not his wife, as has been report-
ed. She was here for the last time on
Saturday and was allowod to sit in the
cell with her father for a considerable
time. There was always a deputy on
hand, however, to watch them.
“It may have been that at this inter-
view the file was passed in to Jacques, but
I hardly think so. There was no other
prisoner on that floor, and I think the
bars were sawed through by filing a little
at a time whenever the watchman was ab-
sent for a few minutes.
“Jacques could easily have opened the
cell door and then worked at the bars of
the window, covering up his work with
black paint, which he could easily have
obtained.
, “Jacques should have been locked up in
the old prison, which is far stronger and
more secure, but Coroner Birch, who is
also the prison physician, refused to per-
mit this. ,
“It was only yesterday that I asked him
to have the man removed, as I thought he
was dangerous. The coroner, however,
told me that it would be the death of the
man to put him in the old prison, as he
had a hemorrhage every day and was still
too weak to stir.”
Posses of deputies are scouring West-
chester county today, and the police of
several cities are on the lookout for the
fugitive.
Edward Jacques was one of three
cracksmen who attempted to rob the store
of Walker B. Adams & Son at Bedford
Station Aug. 19. Mr. Adams was awak-
ened by a burglar alarm, and with his son
went gunning for the robbers.
Memorable Midnight Battle.
A fight followed, in which Mr. Adams,
Sr., was killed and two of the burglars,
Jenkins and Clark, died of their injuries.-
Jenkins died in the Mount Kisco jail and
Clark in the Long Island College hospital,
Brooklyn, where he had applied for treat-
ment after escaping from custody the
night of the burglary.
Jacques, who was so badly wounded
that his life was despaired of, finally re-
covered, and was in jail under indictment
for the murder of Mr. Adams at the time
of his escape.
Jacques got out of jail between 6 and
6:20 o’clock last evening. When his sup-
per was passed to him at 6 o’clock by
Night Jailer Johnson, he took the food as
usual and set it down on a stool.
'John Breese, the night watchman, went
on duty at 6:20 o’clock, and while mak-
ing his rounds noticed that the door of
Jacques’ cell was open and the prisoner
gone. An alarm was given, and in less
than ten minutes a posse had been sent
out in search of the fugitive.
An examination of the cell showed that
Jacques had sawed through two iron bars,
each an inch in diameter, which protected
the 18 inch square window, and, after rc-
moving the bars, he had pried off a heavy
iron wire screen on the outside.
Immediately under the window is an
iron arm, which supports an electric
light. Jacques climbed out on this, and
then, hanging from his hands, dropped 15
feet to the ground. He climbed a 12 foot
fence and dropped into Martin avenue,
where he jumped into a waiting carriage
and was driven toward the station.
A gardener employed in Bloomingdale
asylum saw Jacques climb the fence and
get into the carriage, but did not give the
alarm. ,
Dr. Birch, the jail physician, says that
Jacques had not entirely recovered from
the effects of the bullet wound received on
the night of the burglary.
Jacques got away while a political pa-
rade Was marching past the courthouse,
which is just in front of the jail. The
jail authorities have a theory that the es-
cape was effected through the aid of con-
federates, who sawed the bars from the
outside.
Jacques, Whose real name is Peter
James, has been visited several times
since his incarceration by his wife, Nellie
James, who lives at 59 Cherry street, this
city. On each occasion, however, the ut-
most care has been taken to watch the
pair, so as to thwart any plan of escape.
Jacques was probably out of the jail
about half anhour before his escape was
discovered.
The fugitive could have gotten away in
several directions. After driving for some
distance along Martin avenue the carriage
could have turned toward the city, or have
gone to the Connecticut line. He could
have driven to a station on the New Haven
road, and from there a train could ' have
been taken for some secluded place.
Jacques did not Wear prison clothes, as
he had not been convicted, and it would
have been easy for him to escape detection.
. A
THE VEITEZUELAII MUDDL-E.
The Commission ‘Will Hold Frdquent
Sessions Hereafter.
WASHINGTON, Oct. 29.-~—The Venezuelan
commission resumed its sessions today
and probably will meet very frequently
from now until. it completes its Work.
Andrew D. White was the only absentee
today. There was disappointment over
the fact that Dr. Burr and Dr. De Haan,
who have been at work at The Hague, had
not arrived, but the commission proceed-
ed to consider other details pending their
arrival. Dr. Burr and Dr. De Hahn sail-
ed from Liverpool on the Teutonic, which
arrived at New York today, and they prob-
ably will reach here tomorrow. '
In accordance with the policy hereto-
fore pursued by the members of the com-
mission, they declined today to indicate
whether they were confronted with any
difficulties which might prevent a bar-
monious agreement in their report. Some
time ago, however, Judge Brewer inti-
mated that the report would be ready for
submission by Dec. lat the latest, and
this would seem to indicate that the mem-
bers of the commission, who have been
kept advised during the summer and fall
of all developments, will reach a speedy
conclusion once all the documents are
officially laid before them.
Much comment was excited here today
by the speech of the Marquis of Langs-
downe, secretary of state for war, at Leeds
last night, in which he deprecated the
speech recently made at York by Sir Ed-
ward Clarke, formerly solicitor general,
who said that Great Britain’s claims in
Venezuela were untenable. He declared
that Sir Edward’s statement was a star-
tlingand serious one. Great Britain’s
claims had been carefully investigated,
and he believed that most of them could
be supported by satisfactory evidence. He
added that there was reason to hope that
the time was approaching when these
questions would be settled by arbitration
or an amicable compromise upon suitable
conditions. When the time came, Great
Britain would enter court, not for a mo-
ment believing that every point would be
decided in her favor, but‘confident that
her claims would be found to be supported
by evidence based upon the established
principles of international law.
Poison In Her Body.
PROVIDENCE, Oct. 29. —The autopsy on
the body of the fourth Mrs. Postel of
Chester, Pa, buried here in Grace Church
cemetery, showed the presence in the
stomach and intestines of a fluid thought
to be paris green. Nearly a tumbcrful of
this poison was found, much more than
enough to kill any person. Medical Ex-
aminer Palmer thought it might be em-
balming fluid, but Coroner Minchell of
Delaware county, Pa, himself an under-
taker, says that such fluids are never of
this color.
Gernran Oii’l"':zils Angry.
LONDON, Oct. 29.-»-» -1 dispatch from Ber-
lin says that the - .crman government is
profoundly irritate l at the disclosure made
by The Hamburger Nachrichten, Prince
Bismarck’s organ, on Monday last, in
stating that a defensive alliance existed
between Russia and Germany during the
last years Prince Bismarck was in Office.
It is stated that the government is think—
ing of prosecuting The Hamburger Nach-
richtr-n and “those by whom it is in—
spired, " evidently referring to the ex-chan-
cellor.
Murder of a Three-year-old Child.
GehevaLL‘s, Wis, Oct. flu—The 3-year-
old son of Oscar Marshall, 2. North Bend
farmer, has been murdered by a hired boy
named Palmer. Marshall and the boy
had a quarrel, and to get even with his
employer Palmer took the child to the
barn and crushed his skull with an ax.
Palmer afterward pretended to poison
himself, but later on made a complete
confession. The murderer is 18 years old.
Ireland Building Damages.
NEW_ YORK, Oct. 29.—The first of the
damage suits growing out of the Ireland
building disaster to be settled was dis-
posed of before Judge Goodrich today. A
jury awarded Bridget Burke $10,000 dam.
ages for the loss of her husband, Daniel.
She had sued for $25,000. The jury ex-
onerated the contractors and laid the
blame on the. owner of the building.
Mayor Gleason’s Citizenship.
ALBANY, Oct. 20. —Attorney General
Hancock today rendered a decision refus-
ing to grant the application of certain citi-
zens of Long Island City for permission
to begin quo warranto proceedings to test
the-title of Patrick Jerome Gleason to the,
office of mayor of Long Island City, on
the ground that he was nota citizen of
the United States.
A Safe Blown Open and Robbed.
SYRACUSE, Oct. 29.—Burglars robbed
the general country store of F. P. Em-
mons, postmaster at Manlius. The thieves
blew open the safe and secured more than
$500 worth of postage stamps and more
than 5.1400 in cash. The large safe door
was blown eight feet across the store.
Entrance was made by prying large doors
open with a bar.
Names For the New “’arships.
WASHINGTON, Oct. fill—Secretary of the
Navy Herbert before leaving for Alabama
selected the names for the new battleships
and gunboats now under construction.
The three battleships will be known as
Alabama, Illinois and Wisconsin. The
gunboats will bear the names Annapolis,
Marietta, Newport, Princeton, Vicksburg
and Wheeling.
Pioneer “’estern Printer Dead.
SAN FRANCISCO, Oct. 29.—Thomas B.
Valentine, one of the pioneer printers of
San Francisco, is dead, aged 65 years.
Valentine came here in the early fifties
from New York. He was one of the cris-
inal claimants for the land upon which
the city of Petaluma is now situated.
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SIIVGH-SILVER! SILVER!
ilvefr!
Never since the time that Solomon waiiiscoted his temple with silver h ' ‘
so che'aj; And it matters not whether Hon. Wm. J. Bryan or the Hon. Wni ElscKSilrlilgy 1133?}?
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patriotic citizens, is elected next Tuesday, Silver is bound to go up.
It cannot go lower, say
the Bankers and Business men of the country. For that reason we have purchased an im-
’mense stock, consisting of samples of the Wilcox Manufacturing 00., the Meriden Silver Plate
and the Holmes & Edwards 00, All of the firms mentioned guarantee their goods for twenty
years.
Anyone buyino‘ this silverware has he privilege of returning it to us at the end of
ten or fifteen years, if it should not wear as guaranteed, and we shall replace any article
bought of us, free of charge.
INDW IS THE TIME TO BUY SILVEEWARE.
AT HALF THE MARKET PRIGE, FOR HOME USE, WEDIIIIG 0R GHRiSTMAS PRESENTS. EVERY PIEGE GUARANTEED.-
ION SOME OF THE BEAUTIFUL PIECES.
WE SHALL MENT
I 5 in. Water Tilter and Cup.
Beautifully cut with the chasers’ and
cog-ray» - 3’ tools. \Varranted quad-
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9 ire. Tureen.
ture in silver.
4 prong 'Candleabra, with
5 in. deep. A pic-
efiextinguisher. An ornament
that is rich and exquisite. Warranted
quadruple plate .
8 in. Baker. Lined with porcelain.
A royal dish for a Thanksgiving dinner
6 in. Fern Dish. Will enhance
any dinner and make it more palat-
able. lVarrauted quadruple plate;
ID in. Water Pitcher. Porce-
lain lined. Good enough for the next
President’s fable. Warranted quad-
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7 &8in. Cake Basket. Some
lined with gold to please the bi-metal-
ist. \Varranfed qu adrupleplate.
Shaving Mug. For your best
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Toilet Setts,
Manicure Setts,
Glove Boxes,
Jewelry Boxes,
Knives and '
Fork's, '
'Tea, Coffee
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Spoons,
Fish Knives,
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. Soup and Oys-
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REMEMBER~-These are all the very best silver plaie manufactured.
Guaranteed by us and by the makers. Every article stamped with lheimaker’s name.
We shall exhibit lhis slook i
until
u our windows, Thursday and Friday, and will not sell any
EATUEEAY MGEEIEE AT 9 .O’ELOCK.
This Sale Will Last Only One Week.
US'IN SIIHIIUI. I/Iain an Wall 33,
THE
WHITE SHOE STORE
ls showing the
Final and Largest Line 01 Shoes,
Eve-r placed on sale, for the Fall of 1896, in N orwalk.
1n Hanan & Son’s well-known line, we wish to‘invite
your inspection of the following styles of Toes in Shoes.
Bull Dog Paleni Leathers,
Bull Dog Enamel Leathers,
Royal Toe in both tall and
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New Enamo Galf wilh
Double and Single Soles,
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Norwalk Chronicler