Morning herald., 1839-10-26

Superior Court.
Before Judge Talmage.
Der % and A.-Benj. Levy VS.. The JEFFERSON m
surance Company. from Wsdnesday's
paper
Applegate, the printer, cross examined at con-
siderable length by the plaintiff 8 counsel ior ,ne
purpose of showing that the debt he went to collect
was contracted by Ben. Levy, but by his father.
The witness seemed to have some doubt about tnat
fact but he was quite certain that the mother oi the
plaintiff paid it, and apoligised for her husband not
John Dufon d posed that he belonged to the Fire
Department and at the fire in ten minutes after
it broke out. 1t was some time before the names
-Four brothers and sisters of the plaintiff, of the
names Of Maria, Eliza, Henry, and Lewis Levy,
were severally called and examined at great length
on the part Of the defendants. These witnesses
all swore stoutly that plaintiff store contained very
few goods, and those Of very mean quality, and
worth little or no money in the market. iney nad
been, as they sad in his confidence, ,tenuea ais store
yet never saw any gold watches, plated ware, or
even a diamond breast pin. According 10 their AZ
prasement the outside value Of the stock was S5co
The father Of the plaintiff was not called among
cous progeny at the back Of the defendants counsel
suggesting questions. ,
The plaintiffs counsel then resumed, and called
number of persons to contradict these ia%liy WI.
nesses. The most of them were uncles and cousins
Of the plaintiff s. and they all sw0re that his young
brothers and sisters totally devoid OF vera
city, and went far to say that he would not
allow his daughter to associate with them they were
such notorious liars.
This witness being asked what relationship he
bore to the elder Levy, said 81 am sorry to say am
his brother"
This remark called up the ire Of the elderly Mister
Levy, and a scene of elimination and recrmiaation
ensued which was only stopped by the interference
Of the Cosrt.
quainted with the Miss Levys, and knew their gen.
era characters In respect to their characters for
truth, it was decidedly bad. From what he knew
of their reported characters, he would not rely on
their statement under oath.
Henry Leavett and Q number OF other Jews testI-
fed to the bad esteem in which the Miss Leyy's
were held by the female members OF the tribe Of Is
rael. Itrt
DIR. Therne deposed that he was in the store about
or o clock of the afternoon previous to the fire
He considered the store pretty well filled. Farni.
articles and jcwelry. He also noticed quantity Of
books. .nn
Paul b. Lloyd said that he was auctioneer, and
that plaintiff attended his sales very regularly, and
made many purchases. Had known him buy watch
es at police sales. He was in the habit OF buying
goods and taking them away himself. Had known
him to leave goods because he could not pay Tor
them On his cross examination, the witness said
he sold lot of the salvage after the fire, which
fetched about go.
Jesse Foster said that he was agent for a jew
ery house in Philadelphia, that had dealt largely
with the plaintiff for articles Of jewelry. Plaintiff
had been very good customer previous to the nre
and bought trinkets the value Of S500-three hun
dred Of which was at one purchase.
Charles Rumley swore that he was IN the PLAIN
ti's other store the afternoon OF the fire, and that
very small part Of the plaintiff stock was IN that
store. The most OF it was at the corner OF High
street where the fire occurred. For week before
the fire the plaintiff had been getting
ularly glassware.
Margaret Hays deposed that she lived opposite te
the store that was burnt and after the hre, saw
great many things thrown out which the boys made
bonfrss Of, and otherwise wasted.
worker in John street, and dealt with the plaintiff
A little while before the sale, sold him plated goods
20 the value Of $50. He remembered one article,
for which he gave S25. A number OF other trades
men also gave similar testimony
For the defence p. Smith, Mayor OF Brooklyn,
deposed that he had frequently called in to see the
PLAINTIFF 3 stock, which quite curiosity on ac-
count of the mixture Of the furniture and cotton
roods, glassware, hearth rugs, &c. The witness
said the place was only to be compared to Noah's
Aipheus smith, Sec'y. Of the Long Island IAsu.
rance Company, deposed that he had policy ON part
Of Lewis stock-went to the store to see what was
there and large quantities OF goods OF various
kinds.
several other witnesses were examined, but their
testimony did not vary the case. The cause wasa'
bIy ed up by the respective counsel Tor the sew
eral parties. Mr. q Conner was particularly happy,
and infused more than ordinary portion Of causiic
into his comments, the unnatural conduct of the
plaintiffs father, in acting against his son, as the
associate counsel Of the District Attorney; HIS
Honor charged the jury briefly on the law ana 'acts
adduced on either side. -,
On Friday morning the jury came int" court with
a verdict for the plaintiff, damages S2oSl and 3
cents Counsel for plaintiff, Charles q Conner, Tor
the defendants, the District Attorney.