The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-25
Superior Court.
Before Judge Oakley.
The GRrAr LsrrNARp Will CAsE.--srEEcH or

CHARLES OCoNNoR, Ess.
GENrLEMEH'-A word of apology would ssem 70 pe
cupy-a place to which an older and in every sense
greater than myself by ell the rules OF professional
courtesy and practice is entitled 50 hsPpens now
ever that my services engaged In his cause al
quite late period was not suncientiy familiar with
the facts and circumstances OF the cass-numeroas,
complies ted, difficult of explanation as they are,
undertake the task Of presenting them to you IN such
form necessary to render them perfectly ntsll
gihe. The eminent gentleman, therefore, with whom
my honor to be associated departing from all rules
and in ardor and self sacrificing spirit the and
honest lawyer, in the integrity Of the who knows
ambition, aud who has PRIDE except to be found in
the right and in the efficient discharge of his duty as
counsel any which he undertakes took upon
himself the post ofunior counsei~opened this case to
you, and laying down all the hosors which he
has right to wear, allowed me to occupy this
You have heard from the counsel who have al.
dressed you at 90 much length very great vari-
ment you were 10 measure Its quantity and extent
would oefo applicable the true merits of this
from the real a. in ah'
peen urged upon your consideration with apparent
urged upon your consideration without any
ana order to prejudices from operating
ny clients becomes absolutely necessary for me to
follow the evil example thus before Unjust
the poison through all its windngs and administer the
appropriate andoe at every point where has circua
addressed you has stated about the middle Of his argu
ment that in this there is but question: and he
might have added that in the trial Of that one Question
you stand pledged before this deeply interested csmmu
nifty citizens and of honor that you stand pedg
ca before Him to whom to render account at
last. But the counsel, must remark, have by no
means confined their arguments to that one ques-
ton. That single question lie the capacity of Alice
strument in question. But these Subjects have
been introduced We have impeach cd on variety
been brought to our doors We Nav been charged with
dishonor We have been accused of prosecuting
msnthe defendant in this case whose power
which he'd never been proved and whose rights have
furnished prolific themes for the eoduence of the
sell IL IL said that at this late day.
after sleeping upon eur rights for upwards of thirty
years for the purpose Of aiding the rights of ho
nest, industrious mechanics. Charges whose honesty
and whose TRUTH may well be judged when remind you
that they brought against infant the youngest of
whom some seven or eight years old and Who receiv
eu .nr now claimed just about the time she
nave been thus MISUNDERSTANDING introduced,
ana forming SO large portion Of the speeches Of the
opening and closing COUNSEL must certainly be answer
ed shall therefore, before going into any discussion
othe details Of the evidence points ISSUE call your
are connected with that portion Of the history OF the
Lspenard and Stewart families which is embraced in
in precisely their proper attitude You know
already that the plaintiffs the three orphan children
OF Iheophylact Lispenard The two eldest are about
Twelve or years OF and the youngest who
was made an orphan even in her mothers
womb is only seven or eight years old. Anthony Lis
penard the elder Of the respectable Of
citizens in point of wealth. talents and moral charac
TERN all respects in fact except that he very
religious man. He died in 1905, leaving Mrs. Stewart
his sons Anthony and Leonard, and his granddaughter
Miss Bachess his only heirs devisees with the
exception poor Alice He divided his property be-
tween the four parties equal parts Not long previous
TO his DEATH there had into the family by
the gentleman who has cut distinguished figure
throughout this maerthe not little Mr.
Alex L. Stewart He had married the only daughter of
anthony L,apenard, who was competentt to contract a
ofthe old people. Mr. Anthony Lspenard died. and his
share ofthe estate went quarter Alice quarter
ter to Leonard Alex L. Stewart thus obtained in addi
ton to his former fourth sixteenth of the
same share. Leonard was q well educated but not |
wise men an easy, goodnatured gentleman Of the old
estate; but Providence had blessed him with very
careful hrother-inlaw, the consequence Of such |
state OF things were soon fully displayed In seven
OF eight years after this time find Leonard bank
rupt and shortly after he dies. What became of his
share Of the property 1t hal gone into the hands Of
Alexander L. Stewart in consideration Of his payment
OF Certain bonds and also of the taxes and
for the very property which thus transferred him
with all the benefits of these payments. tneeds no
painters pencil. gentlemen of the jury, to draw that
picture in such a manner enable you by drawing
this "jocose gentle as Mr. Alexander Stewart was
occasionally called in the Of the trial. succeeded
OI.snnk TINS property and how the easy oldsohool
to bankruptcy and the grave. Well gentlemen, pre-.
vious to the death Of Leonard that act done which
enables Mr. Robert Stewart the devsee Of Alexander L.
stewart to cast into the teeth of my young clients the
taunt Of dshonor-of nfamy-cf sustaining the act
how on the desth Of Anthony, Mr.. Alex. L. Stewart
obtained from Alice a convey Of her share Of his
whose death the whole property Of the Lispenard sm
~ fell into the hands Of Alex. Stewart, with the
exception Of that held by Mrs Mortimer livingston,
who az she had husband to look after and protect her
interests was at present safe from the opera.
lions Of the "jocoss old gentleman" Alexander L.
on this estate-lke of those excrescences which
issten themselves some find old tree; and which, as
the juices which nourih and sustain it, until ct last il
Ias to the ground with the rotten trunk which had
roboed oil ell vitality And having thus gained undis-
IN n Iar0 eata
he BY most unnatural will, off from ali inher
tsnss on II every human being in whose veins flowed
he disinhers by the act his own large family subject
ing them to the arbitrary within aud caprice of very
and in general Of Mr. Alexander sewsr in relation
to the estate You find him cuting with untiring
ting BY last act that to which would seem that he
had devoted his lfehe supplanting Of the Lspenard
on o9d the the or the
there any persecution would ask there any dishon
or in the of their claim by these children
against no honest mcdaniel will say against
honest man-Dut against honest tradesman against |
no bona fde purchaserbut against him, who contrary
to the law Of the land-as trust you will find has
proprated to his use. their Entertained Mr.. o.
Conner then detailed all the intrgues of Alexander L.
or there sns hs
Alice, for the sum of SiOO0O-the manner in which
So so week, after A. L. stewart had thus cleased the
decks and had nothing TO fear. Mr. O'C observed how
IeOnsrds estate was also cheated out Of the great nor
ton Of the amount left her by her father and instead Of
being allowed servant to take of her and attend
upon her, as that allowance would have suced amply
to remunerate she actually obliged herself per-
form mental offices for the poor family with whom she
nards by the kind Mr.. AL But all at once,
Mr. Alex L.. Stewart became wonderfully humane.
When Miss Alice had attained the comfortable sge OF
forty eight years, and all hopes of matrimonial alliance
passed away, she was ell Of sudden removed from her
stewards, and INTRODUCED with ali the po@p and circum
stance Of fne lady, into good society And pray, said