The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-25


quest that submits to denial and the demsnd which
overcomes all resistance But Mrs. Stewart herself
before the Surrogate, used this very word restraint"
against which she so rebeled before the jury. :" The
temper" Of Alice twas irritable she then said thar
some restraint was occasionally necessary" There
down in black and white, sworn to, dictated and
signed by Mrs. Stewa herself But he (Mr OC) sup
posed tn at Mrs Stewart regarded that word restrsin
strant how was that poor Alice went oh edently to
her and dared to leave 1t without permits
sion How that she did not 80 to her niece o. her
own free willexpress her sorrow for her misconduct
and promise good behavior 7 There are certainly Two
ways oftelling story-it was pity that there was
perjury But he would say that Mrs. Stewart had been
induced by her mistaken zeal to that coorng wni;h
strict mps MAJ a ana "DmPasonea on To show in
most lucid manner that poor Alice had been subjected 10
the grosses receptions. First she had been told tnaI
she was the last Lspenards end at the tune OF
execution ofthe WILL she misinformed Of its contents
that she was giving Mr.. Stewart life interest IN her es.
was the willto which she put her mark One which de-
vised all to him. and gave the niece mere chance get
ting lin case she survived her father She had been told
il it he'd not been for Mr. Stewart she would have oeen
il the poor house. Certainly she not kept out oy
his rohbng her of her fortune He did nothing but rob
on the conduct of Mr. Stewart the execution of the
will Propriety would have dictated his absence. and
the ofrespectsbe counsel and wat
But the enly parties present were hlmsel ms
daughter and the two patronised by the Ia
mily The allegation that she shortsighted had not
been sustained great on both sides
testify that they observedt Dr. Hunter swears
that he never looked into her eyes, and yet says she
squinted how found out without looking into Aices
eyes, was more that he (Mr. O'C) could imagine Dr.
Nelson who knew her long and well did not observe that
she was shortsghted. Then again as to the charge OF
Phoebe Thompson came to sustain it. Phoebe had also
married into the family. "a laugh) She had married
the black fiddler (Renewsd laughter Her husband ss
ding the house. and when out the green he contn
ued hddlng and poor Alice who always ran % see the
soldiers followed her brother to the piszza when he went
to order the fiddler from the green and Alice was the
fortunately by Phoebe Mr. Leonard gave the last
order which drove her and her husband the black I'D
der from the premises for ever But Phoebe makes out
Alice be not only equal but superior to common peo-
pe for she swears that even when intoxicated, Alice
capable Of manesting Alice
was then par with Cyrus the Persian, no when he
setting up his pretensions for the throne brother
presented ground Of his claims the fact that he
could drink large quantity of wine without being at all
ncapacitaed for business. The fact that the alega
ton that poor Alice of Incorporate habits at this
Rod OF her life, was entirely unsupported Mr. OConnor
here proceeded to minute examination Of the test
mony OF the numerous witnesses In the course OF these
remarks Mr.. OConnor observed-we have not been car
ryipg warfare as the newspapers scandalizng the
character OF Mr. Stewart and his witnesses No. We come
into Court with clean hands-our only publication has
been that which called the witnesses to be present.
and need not that the more Free and unbiased and
impartial and uninnuenced by any considerations the
mind Of juror witness is the better for truth and
justice. It is only those who employed by atfcs and
chicanery in the preparation Of raudof contrvanceso
opn Ua make
these publications for the purpose Of naming the public
mind and exciting prendces against parties engaged in
LEGATION has not been the only made through the agen
cy Of the Stewart family One ofthe witnesses on this
ting publications Of the same Character IN order to mis-
lead the public mind and make others think he does
whereas that should be left to an impartial jury was
greatly against many OF the witnesses Tor
the defendant that they parties interested Both the
Webbs. for instance, were trembling expectants waiting
patiently the ch:ngeful will of Bobby Stewart
Qaushter) Col Webb honestly acknowledges that and
expresses his that it is Well he may For is
lance s (said Mr. oC by sort Of fraud on the law
that such witnesses the Rev Mr. Stewart Mrs. Stew
art and the We6bs are permitted to open their ps is
because human laws cannot be made accurate as to
compsh the objects the atainme Of which human wis
consequence ofhe unavoidable infrmity Of judicial
system that such Witnesses 50 deeply interested are per-
Because the law justly supposes that they can.
not be expected to tell the truth. It is not for
the good of their souls that the law is thus
PAL ticuar but for the good OF other peoples property
And when SO happens that such persons do to be
permitted to testify their evidence you all know WELL is
Jury are at liberty and indeed required to suppose that
they may be influenced by a natural bias, such the
best men are liable to- and which does not at all imply the
impeachment Of their veracy. Mr.. OConner then clas
sed the Witnesses and commented the leading points
OF their testimony The evidence Of the Stewart family
he did regard great Importance and he would
dismiss with few comments One of the witnesses had
sworn that Alice fond Of potatoes He believed that
bibed a strong affection for thei potato, and by
putting whole into her mouth on one occasion,
had nearly fallen martyr to the love of that valuable
exhibited by Alice, when the Rev. Mr.. Dunbar her
ater his return from Europe II easily explained.
who he s h ws S
But what did poor Alice know Of the "pes Of the 7?
Where in the world did she learn any thing of the ship
wreck unless she gathered it from seeing the ships up
side down. when she read the newspaper Of the
witnesses testified. Naughter) The Doctors" were
very briefly dismissed by Mr. OConnor Their testimony.
he commended directly adverse the defendant The
papered witnesses" also easily disposed Of. Mrs.
Murdoch testified that Alice had told her that she would
leave her fortune her brother Stewart and that at
time when she had already away all her property
Besides Alice was then IS years Of age. and in good
health of agreeable manners is said and all that now
what se propety does there appear in the question OF
friendly neghbor-" Well you have not got any ia.
Would that no. have been direct insult direct as.
seron that the young adys case was hopeless Laugh
ter) fhere any single lady Of IS that jury he
settling that point against Mrs. Murdoch Laughter)-
Mr. O'Connor sontrased with great effect the circum-
stance that many OF the the defence had been
supplied with papers, and the fact that of the wit
nesses the plaintiff who had been examined before the
Surrogate had refreshed their memories by refer
ence to their testimony on that Only one Of the
witnesses of the plaintiffs had been brought before
the counsel and he Of the most pure minded and hon.
orable men that ever lived r jay He has gone to his
last account since this trial commenced and his
has appeared clear before the seacher Of Hearts his
associates friends and the world, happy indeed for him
that he has gone from among In speaking OF the es
mony oil Mrs. Norris relative to Alice presenting her
with flowers MIR OConnor remarked tina the whole
charm consisted in the melody of Mrs Morris sweet voices
and the simple fact was, that Alice acted from
imtatonshe knew that they flowers and that she
spoke to lady; and she said Pretty flowers lady take
somer 1t only remained for him (ir. O'Connorj said,
to speak little respecting the testimony of the Ajax OF
the case-Mrs Charles Stewart. She had been intro
duced after all the host of "papered" witnesses But
really she ought have been introduced ALL Her
appeal to Heaven, with uplifted eyes, she took
the oath-iknow not IL the Jury it, but the Court
must have seen and marked t-struck me with astopish.
ment. The like Oft never before witnessed II seemed
toll effort to say that which falls from my lips must
be received have the power to pronounce the verdict
in this csseS Mrs Stewart is truly in an unfortunate 20.
sition. She deeply interested All her hopes and pros.
poets in life depend her pleasing this Robert Stewart
She has been dsinherted robbed by her father of her