The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-28
Superior Court.
Rafrra Chinf Vt,et;,a ynnaz

Der. 27-The Public .qlmin isrd or rs Noses Y Beach
This singular case was continued to-day at the opening
Of this Court The called the stand idow
of the deceased Doctor Wad, end tie of her Evil
deDce hSt she ad pu al $500
niture Tor her house her husbants death,
and ch property Included in the articles sold
the auction sale by the perempoIy order OF the Pope
OF the "Sur" On her examination she stated
she had received single cent of the money paid
such articles but tha it remains in the hands Of her
late husbands creditor Moses Y. Beach, and that from
April to this day he has not accounted to her for sing
cent Jones, the auctoneer, proved that it'll the excep
ton OF $40 paid the day of sale Mrs entire
nett proceeds amounted to SSlS ~ The Court charg
ing, observed, that the transaction one of most
strange and suspicious character That the fact of the
defendant having failed show any cause for
permitting the furniture 10 remain the PREMISES sitter
the death Of tho debtor in the eye the law stuff
cient to stamp the bill of sale with fraudulent design
vas useless TO suppose that humanity benev
the motive which ectuated the defendant Such might
have been the while the husband on his
bed but the nonsemoval or exercise Of ownership
the property for nearly ayear after the cath Of the Doc
tor was damniug proof that the bill of sale fraud
and only used to screen the property Of the deceased
from the rest Of the creditors for the sole benefit OF
the defendant On this point the charge was clear
and decisive against the defendant Again CARDS III
bill for adv ertsng the was
Doctor Ward came to this city nolvent and the de-
endant actually supplied him it'll coal periods
so very low were the circumstances Of the Doctor Yet
with this knowledge, Mr.. Beach, without taking any
guarantee. mortgage, security in the form Of
written acknow edgment, allows the psolvent to become
his debtor to the amount CT 81 600
patent medisines in his daily paper. Was such thing
likely, and does 1t not require explanation Again
Beach loans him money not iAssmaIl amounts. but by
Observation-Disclosures mortgage Of some hundreds more,
yet has nothing show for but the parole statement OF
witness present VIXEN vogue declaration was made by
the creditor before his death This not the ordinary
way in which man OF business, of common discretion,
would act and the state ment made by the defendant on
nus point, must be most cautiously received by jury
The chief Joint for the jury to determine was how much
oil the property OF The deceased at the time OF his death
had been away with by the defendant To fix this
he best end safest way was TO take the tes
mony OF Mr. Jones' the euconesr to the nett
OF the sale deductDg whatever they though reasonsb
allow, for the subst queD, property put into the house
ny the wife, and sold at the same time; this would
the amount to which, II the jury ouod Tor the plaintiff he
would be entitled to recover The jury after some DELAY
into Court and requested TO be informed on the Law
asto the son removal Of the furniture The Court de
cided that this was fatal to The defendants cause in The
eve OF the low Independent of the other strong points
Which bear the stamp OF fraud, cupablc negligence
After short delft orson the Jury reurnd verdict for
he plaintiff for the ull the nett proceeds of the
sale dednctng S75 for the furniture purchased by the
we OF me deceased leaving balance Of $66s "a dana
5es, and cents cas,c
David orahsm, Jr and Charles C. Egsp for plaintiffs
and Measfs. Cutting -, for defendant.