The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-24
Superior Court.
Before Judge Oakley.
THE GRrAr LnrrNARD VIII CASE.

eXCIted, Drought q
men with even few aaes around the door the
room for some time before it was opened And sooner
was thrown open, than was filled TO excess and
flowing. ..if
Among the audience, which was of anunusualy eleva
ted and intellectual character, there so 60
ladies present. to add the Vaccinations OF their charms and
the grace OF their persons 20 the imposing Many
distinguished members OF the Bar also present,
together with large number OF other gentlemen whom
curiosity or interest had brosght together.
Before Mr. Hall began his speech Gen. SANFORD stated
that he should read the paper which had been intro
to the jury by the other SIDE but which had yet
been read No objections being made he read the paper
appeared to contain Robert Stewards view of the case
in litigation far as the division and disposition of the
Lspenard property concerned-to yether with some
remarks upon the character and position OF Alice Lispe
nard
This paper having been read the jury Judge Oakley
arguments.
ARGUMENTS OF COUNSEL.
The Hon WILLIS HALL then rose, and in substance ad
owe apology to the Court and to the Jury for
tering into case Of such magnitude end importance in
mencement OF the trial especially when arrayed
against Us such weight and power OF legal talent as are
ba oppose u.s. Nor r tho be able to
ness which feel Of the right and justice of
The whole point Of the great question before ou to
shall by the deed of 1905 and call your attention par
cularly while have the honor to address YOU to the
some portions of the history of the its passage from
the Surrogate to the Court Of Errors and also read
from the opinion Of Senator Verplanck, recorded in
may be thus stated First, Did Alice Lispenard compre.
bend and consent to the act Of the will1 Was it a
reasonable and proper act How should she have dis
have made under her circumstances
Here Chief Justice JONES with infinite difficulty made
his way through the door and to the Judges bench Ano
Their branch of the Court to be held in the con-
tguous room ajury could be empannelled. The names
swsrsd The judge however retired % the adjacent
room to do the best he couli towards raising 1ry to
the great disappointment Of all present. because they de-
sired the folding doors to be opened and the two ooso
be thrown into one Thus at the very opening Of the
Court were both ngres and egress rendered almost to-
tally impossible Alter some delay, the argument wasr
Mr.. HALL took the ground that this was just and
righteous will and proceeded read to the jury large
case from all which, be came to- the conclusion that
the act Of the will stood in the defendants
Of the ~ TSe Pony Question to
her capacity at the very moment Of executing the will
not what her capacity was at early period Of her life
of making the will To establish her testamentary capa
city this point of her fe Mr. Hall read the testimony
Of Drs. Nelson and Hunter, and commented thereon
Was such evidence as is given BY hese gentlemen to be
overborne by the testimony Of o1 of witnesses whose
evidenceis of very doubtful character who give
NOR and report and who at best but outside tes
monyf Here Mr. H. went into the subject laid down in
the books and made some comments upon the evidence
in the next place they resort to Collateral evidence to dis
prove her capacity, then they must
either total sbsence Of sense or great mental weakness
and opinions from the books relative this point
He then that strong point found in her "a
TIERS WILL which speaks Of the fact that ut had pleased
God to gre his daughter Alice such mental im6eey
render her Incapable Of managing taking Of proper
and ne Therefore gave her no portion Of hi, but
his was very strong point But he argued that there
was no congenital or connae imbecty of mind In
early youth her mind active and lively other chill
1ren Of her age TheSdbsequent weakness of mind
accidental And then again. was there no family pride on
of his property Was shenot awkward, and I'M.
calmly in her appearance And she such person
proud father would wish to have placed in situa ion
which might cast stain upon his family escutcheon1
But he did grant her $500 per and the money
be given her. for her alone to dispose it. Does this
look as if her father thought her incapable Of managing
property But admitting all this to be true forth
in the father will shall still maintain that this clause
Lispenards will does not invaldate the will
of his daughter Alice. We shall claim that it does
not require the same degree Of capacity to make
will as does to manage property; and that Alice did
have been-to make will. On this point Mi. Hall adj
duced authorities from the books The authorities do
require g.smty Of mind but quality 18th quality be
to be capable Of making will Mr. Hall here proposed
though reluctantly to enter into this of testimony
collate and examine it. but he said he should first lay
down a new plain rules of law by which the evidence
must be examined First, then, the law presumed sanity
the capacity be good and therefore, the burden Of
proof lies the other side. And there be doubt to
matter otestmentary capacity then the law requires
that doubt to be given in favor Of sanity And the rule Of
cal men, Of weight Another rule is that hearsay
mere Of heslighest possible weight. Another
tive facts Lord Coke says that two witnesses in favor of
sanity outweigh an hundred against it. The wise is
not always wise but the fool is wise An idiot is
utterly incapable OF single act Of wisdom and you
can prove by single witness single act OF wisdom,
yeu put to flight host of acts of folly Another rule is
that If you find any other mode than insanity Of
counting for alleged acts of idocy the law requires you
to do
Mr. Hall here proceeded to classify the witnesses for the
pvth sNdt
the nature of their evidence As have given the est
mony ofall the witnesses FULLY, deem unnecessary
In OF this examination the folding doors
opened and the two court thrown to eher to the
great relief and OF the dense jam OF
people, who anxious to catch the sound of Mr. Halls
voice In concluding this brsnch'of the argument Mr..
Hall alleged that every thing been proved by the
plaintiff berue could be easily accounted Tor in Aces
ary educationher incorporate habits and her awkward
ingainly manners And If the jury could in this way ac
md they were not at liberty to assign docy nexpanson
If her conduct. The law presumes sanity.
Before examining the evidence for the defence Mr. Hall
sked to rest here have the plaintiffs made out
heir And here he adduced several legal author
Ties He then proceeded to examine infinitely vidually
which he dsduced the opinion that Alice had mind-hsd
intellect memory-had reasoning powers-in Short
had testamentsry capacity.
AFTERNOON SESSION.
Mr.. HALL resumed his argument with some explanatory
remarks upon Of the weak features aud tender points
Of Aces character On the whole he claimed tina. Alice
had su ficient mind to make will.
The next question was, whether any undue influence
had been exercised upon the mind Of Alice. He
the conclusion that the only influence exered upon her
was that Of kindness and commsseration the msor-
tune which God had placed upon her He then made
appeal to the Jury If it would be right for them off
the last resource Of the weak minded and unfortunate
Alice by denying her the right TO make will He then
called their attention to the fact that the plaintiffs had
slept upon their rights for thirty years. and allowed the
parties upon the other side to go sposng Of the pro-
perty and granting titles, all of which will be unsettled
II their verdict should be against the will.
AT about six O'Clock in the evening Mr. Hall concluded
his speech, which occupied altogether about six hours
CHARLIs OCoSrER, Esq, then and addressed the
Jury for the plaintiffs. He spoke from O'Clock,
unit the adjournment OF the Court at quarter to ten o.
clock and will finish his speech this forenoon We shall
give the whole Of il in to MOI rows paper
The Court crowded to excess a very great
number Of ladies. whose attention unreaxed during
the whole day, we've present.
DEATH OF JUDGE THAcHER-Died, IN Boston, on