The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-11
p . S L s C. RI p r.
g. For our usual Southern Covrespond,ne, g.,
by fh,s mornings Mai, fourth page.
COMMISSIONER Court.
Before Messrs. Jones, MeBrair and Coz, Commits.

by fhas mornings Mail see fourth mage ~
Commissioner Court
Before Messrs. Jones, MeBrsir and Coz, Commits,
siohers.
APRIL 9-R L. Stuart and .aer Stuart W. .4co., Sy.
drf-This charge OF lunacy brought by The son.
against their mother, slluson TO which has alreadv
been made, in our columns, and which termina.
ted on Friday evening. Many witnesses were ex.
amned both in support and disprova of the charge
Mrs. Stuart was represented BY sevsrsl wi,ness-
es not only to be an exceedingly active and ca.
pable woman but to have been good mother by whose
industry and not only her husband enabled to
leave handsome estate, which she greatly added TO az
ter his DEATH but the placed sGluence and shs
now mistress in her own right, Of large fortune,
which she has caused, by her hood management, to
grow, to the present hour. Her minors
when their father died about fifteen since and she
exscutrx TO the estate. On their becoming Of eye
they qualified On Of the prosec
it show that Mrs. is unexceptionable mind
and conduct, but when her husbands estate and her
sons have been alluded within year or two she
has become excited, declaring that the latter have
fused 10 settle with her execuiA (Which did not OPP
pear to be the ac and accused several gentlemen Of
having united in csllnson 10 prevent her obaining her
rights Mrs Stuart left the house occupied by her
he stand where she had successfully toiled for long
claring 10 Mrs THOMPSON, lady Of her scausinsnce,
that she thought she wa not welcome there. Many
witnesses testified to the good character Of Mrs Stuart
One Oh them, highly respectable gentleman, declared
70 having been intimately acquainted with her and her
fniy Tor thirty ears and Tor the last fifteen
ienow member OF the Murray street church (Dr. Mac
Auleys) and of the Duane street church (r Pouers)
lie YVES at her house at the Chambers
r.
some words took place between Fer and her son Alex
ander, when the latter spoke her in manner that
surprised and SHOCKED him Alex ander said, among
other things Ma, # you do not hold your tongue viii
put you in the asylum words to that effect She
wrote to her sons that they did settle with her she
would get married and have some protect her
the same time informing lady that she did SO only for
the purpose Of soaring them and making them do right
Hints were thrown out that she to be married
to Mr. Robert Swartwout brother the Collector who
from his jolly warm appearance by the way, would be
no mean companion Of cold mighty He had been in.
her no h~atM ra
Stuart laughed at the idea of marry ing him-she an
swered the badnage of female friend by saying that
she had two OF her own, who had given her suf
Gent trouble. and she had no idea Of marrying
Mr. swartwout, who had six sons. whereby her trou.
bles would be Increased Soon after this letter. however
the present action commenced The rule laid down
by the chief commissioner the trial, that
se Inc % ME- saw On ne
Strong and Bdwe appeared on behalf Of the defendant
and Mr. Shehein for the utonn presenting the
Mr. Griffin stated that the law did not contemplate
pnhmn in Of lunacy, but ii sought pro-
tec the party rendered helpless by action throw
the of shield around tina parent would to
childis intention to take into its possession the
person and property OF the party with single eye to
that party good and not py entering cruel
them and drive them to that very insanity and commit
them TO madhonse under pre'ence Of doing good The
than otherwise taking the liberty and property of
the victim under prctence Of protection. Mrs. Stuart
has been shown not only Of sound mind, but, after
having made her property with her own hands, took
Of her and increased that property to the
present hour There has not been shade OF evidence
but to that effect. Are these proceedings then, in
gard to her, correct She is shown to be good men,
Der of the community purrg no person. taking care of
herself and her estate and the only thing alleged against
her. that she lab0rs under sort Of monomania
gard to her believing them not to have done right
corner of her mind is affected should that be
for endeavoTng to destroy the hole The most that
could be done in regard by her sons is that II she
devses her property to others they might ssbly pre-
sent it, after her DEATH ground for breaking her will
but the present proceedings are cruel Ispesk said
Mr. g with warmth, bat speak what feel 4 do not
sympathise with the accused merely her counselI
feel for her situation parent as man. It has been
said this is not public affair, but family quarrel 1T
is indeed carrying family quarrel very far when
dearest rights Gods universal world liberty and PRO-
pery and publicly bringing charges against that party
calculated TO consgn her to madhouse, and reward
her toll and her for them by straight jacket But
there the counsel checked a. travelling cut Of the
that she will be restored to her privileges
her friends, and her seat in the house of God Mr. G.,
,hen quoted several cases in point to the law
After the evidence had been concluded, the
submitted to the jury without summing up or charge,
who returned vexdct" that Agnes Stuart is lu
natc incapable of taking OF her her
property but that she labor under alteration Of
mind as regards her husbands estate and her sons"
may be well to state that the character of the sons
shown the trial to be Of the best description it
is generally to be in the community
that Of the mother Of the most exemplary kind lin
fact such be rarely met wh-sking her for all
in all y in any community Why the should seek
FORE by which she would be harassed and degraded,
seemed to be anomaly. One of the Spectators in.
duged in the remark that the mother is not the only
apparently who possesses alteration Of mind in regard
charitable one and by all present most readily and
willingly allowed.