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

accomplished deputy lawyer" Now Mrs stewart, ~
her confession, about dang ment
She "splittisg rails" with all these witnesses =
Lsughter And much reliance can he placed IN the
result Of their Joint labor in that department oil
leave you to Judge. (Rosrs of laughter) ME- oCon,
then commented q length on the evidence OF
Mira Stewart and showed very concluoivey ina. per
lccty accorded with that of all the witnesses ten
ed as to the diocy OF Alice except that 1t was gwen IN
more cautious and ingenious and characteristic manner
The learned gentleman then concluded in this
manner IL now submit the case to you, gentlemen OF tne
jury convinced that have offered abundsnt PROOF tha
that she did attain sufficient measure OF capacsy
to DO legal act done under such OF
fraud deception and restraint that the law cannot sane
on nor honest men approve TRUST that TINS long us
sue Of fraud and knavey consummated by act OF bar
barity which characterized the perpetratorl mean the
last will and testament of Alexander L. stewart-w
ceve at hands the condemnation which the laws OF
the land and the principles Of honesty require Of you to
pronounce am persuaded that you viii do this with
well assured that will regard one Of the proud
est days Of your lives, that on which you have
usurer and fraudulent party who has eaten into this
fair estate and sought strip unprotected orphans OF
day which you render your verdict the fatherless
children whose have advocated they kneel in
their humble home and their young lips repeat Daa st
Alice be able repsatand they address the Uni
versal Father and say Haowed be thy name" 1t will
not be in grief and sorrowng that the strong hand
Of power has borne down the rights that the law has
failed to be omnpotent wrong and that fraud and IN
3 have but that w tru 1s ana 0 u, ina
who has established the rights Of injured youth and in
by the verdict Of twelve honest men, under the
just laws Of our country.
As the learned gentleman resumed his seat the appro.
baton the auditory manifested in loud burst Of
applause which could not be restraned.1
It after two O'Clock, and the Court took re-
cess till five o'clock
AFTERNOON SESSION.
Mr.. OGDEN commenced with bitter complaints OF the
injustice of Mr. Buffers opening OF OConnors cross
examination, and Of his speech Speaking ofthe will
where Mr.. Lispenard says Of Alice" Since it hath
pleased Almighty God to give my daught Alice such
imbecty ofmnd as to render herncapabe OF managing
taking Of property; Mr.. Ogden gave this in
give my daughter Alice such hscility ofmind to
der her incapable of managing 40 improving three sat
eadoDs and soft marshes therefore give her $500 per
annum" Uaughter) That was Mr.. Lispenard's mean.
ing, and that Is the true meaning Of the will Again.
Mr. Tuttle, of the Witnesses, said that Alice had
about two thirds of common sense"
Mr.. O'CoNNoR and Mr.. BurLER-One third.
Mr.. OGDEN-Two thirds
Mr.. O'CoNNoR again-One third go
4Mr. OoDEx-Well one third, since the gentlemen will
have 30; by which understand that she had as much
third Of the community. lGrea' laughter)
Agsinhe truth that every cent of the money which
Mr. Alexander Stewart spent upon improving the Lspe
nard property he borrowed from his brother Rob That
reason enough why he should give all his property
to Robert.
Mr. OGDEN concluded his speech in hour and forty
minutes.
Mr. Woop then followed immediately, commencing at
about O'Clock in the evening The first part OF his ar
gument confined to the law authorities bearing upon
the and among them he very happily and striking
y rected opinion recorded in 1st Pages Chancery Re-
ports, delivered by Mr.. D. B. Ogden himself upon me
other side Of this question: in days, as Mr. Wood remarked
when the learned Counsel orthodox upon this SUB
ect He then went general view of the plaintiffs
He will finish his argument tomorrow morning
Saturday.