The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-27
Superior Court.
before Chief Justice Jones.

Before Chief Justice Jones.
Der. 26.-Ths Public Humanitarian, YIN M Mitchell,
the value OF household and personal property sold
by the defendant but which the Public Administrators
claims trustee for the estate for the creditors Of Doctor
Ethan H. Ward deceased The circumstances OF the
are as follows DIR Ethan L. Ward resided at No. ll3
Chambers street. where he practised phi scien and
In the course OF his business became acquainted with
Moses beach, In whose sheet he used to advertise his
quack medicines. This casual acquaintance led to an
intimacy, and Beach became vsiter at the Doctors
house Whatever effect the attentions of Mrs. Ward had
upon her guest certain it u.s. that when her husbands
health began I" Decline he him about $780, to
enable him to visit Cuba where he employed himself
with some success in taking daguerreotype licensees
Meanwhile, Beach visited his house. and with his cha
racerstic bonevolence! advanced him two hun
bred dollars, by his own affidavit annex red; he also
paid an execution of about two hundred dollars yet
without taking single receipt aeknow Judgement for
any of the sums so advanced In April 1912, DR.. Ward
returned to this CITY, and died in the June following after
on illness Oh from TOUR TO SIX weeks When Beach dis
covered that the Doctor dyng-when in fact he
unable to raise himself from his bed-he called upon his
debtor and had an inventory Of all the household and
personal effects OF the dying husband made out by the
almost widowed wife which inventory he had taken to
the office Of his Attorney, w. Haskell, who by direc
tisns prepared bill of sale the being the
oil $500, which intended to cover all money ad
vancsd, and advertisements unpaid. This bill of sale
being prepared with all legal ormality presented to
the dying man. who signed it, and in order to show that
the satisfaction was complete Beach desired that
article should be handed to him to make the transfer FULL
The dying man drew from beneath his feeble head the
pillow which supported it, and delivered into the hands
OF his hinty creditor This done, the unfortunate du pc
breathed his last leaving his widow beggar. Beac h,
however, did not disturb Mrs Ward in the possession,
and she continued conduct her boarding establishment
usual until the Public Administrator demanded the pro.
perry for the benefit Of he creditors Of the estate Beach
thereupon interposed and claimed the entire by virtue OF
the bill OF sale before mentioned and finding impossi
BILE to hold 1t otherwise, he directed tn il should sold
public auction and the proceeds handed himself
Acting under such directions, Mrs. Ward for Mr..
in his hands, who accordingly advertised it, and the
2ls Of April last sold 1t out for $s43 "a cents which he
paid into Beach's hands Samuel j. w. Barry, who
boarded the house. swore that the house unusually
well furnished for boarding house. There fifteen
rooms nclu ling the Kitchen and carpeed rsm gar
ret to cellar There were four parors furnished with
SOFAS chairs centre tables and the bed very
comfortable and respectfully fitted up. In June, lsl
insurance of So 500 effected them at the Green.
at 900 the 2sh June ls42 for four months yet this
property sacrificed at public auction for $780,
third OF its value. But the library gold watches rife
and revolving pistol not sold included in the
bill OF sale, yet account is had Of Them while it is
equally certain that they claimed at the hands of
Beach by Mr. M. b. Butler, behalf Of the Public Ad
ministrator but the reply you had better not give
me any trouble for if you do, will pounce upon you"
Such was the answer given to the demand for the pro-
perry by the who had sacrificed it. The Public Ad
minstrator then instituted inquiry in relation to the
property before the Surrogate and from the adavs
before that unctionaIy we select ws the hIs is that OF
ceased affairs up to the time of his death The second
that of Beach himself in which he that the entire
debt due him by the deceased about $780, including
money lent, and unpaid advertising bills which latter he
valued at about 500 $500 at most but which by the
affidavit of his son, Moses s. Beach, during the trial,
amounted to $4273 ~ at the ordidary prices Again
Mr. j. w Haskell, who was the subscribing witness to
the bill Of SALE upon the stand that when Dr. Ward
lay in the agones of DEATH he acknowledged in presence
OF this Witness to Beach, that he owed him from S7o0to
$780, and wished him to receive the schedule of the fur
nure and all the house contained in part pay ment for
the debt which, by Beachs OATH does not amount to
$6OOk In reply question, Mr. Haskell stated at
Beach told the deceased ne did not know how much he
owed him, he had not made out his account Yet he
inventory.
bill Of SALE and to max every thing sure BY inserting
the consideration money at $500. Without proceeding
further We now annex the affidavits:-
AFFIDAVIT Mol.
SURRooArEs OFFICE, March IS, 1913.
In the Matter Of The Estate Of Ethan a. Ward, dec
On inquiry made by the public administrator in relation
to the property OF the deceased Samuel J. W. Barry
being duly sworn and examined depeses and says was
acquainted with the deceased Ethan Ward in his Lie
ne he died in the latter part OF June last boarded in
the house with him at the time Of his DEATH He returned
IN April May last to this city, after having been alb
sent about six months in the Island of Cuba; |
know he left furniture in the house, but | do
not know that !, was his property before he
encountered The house large and furnished through
out; the furniture good the house was Is Chambers
furniture He told me that the furniture had cost from
S2500to 5000 kept as boarding houses he told
after his return that he had made great deal money
in Cuba by taking Daguerreotype likenesses There
two gold watches at the house; saw the Doctors the
he used to wear in the possession OF his wife, after his
death, with the chain which appeared to be gold. !
should think this watch and chain worth from $l2O
to $l4O. There a library in the house. consisting,
sheud think OF from hundred and fifty to two hun
dred volumes The Doctor always spoke before he
away this library his, and did his wife, can
form opinion Of the value Of these works They
certainly worth 500 know that Mrs Ward offered
to sell this library after the death Of her husband heard
her say since the death Of her husband that Mr.
had property in his house belonging to her husband
from which she expected to realize something. under
stood this to be interest in some patent right to make
medicines. SAMUEL j. w. BARRY.
sworn before me this 18th March, ls4s.
DAVID OGDEN
AFFIDAVIT No. ..
Moses Y BEACH, witness orn and examined by the
Public Administrator, deposes and says-I knew DR..
Ethan e. Ward in his life time. do not know that he
left any property have property which belonged
him at the time of his death in my possession that know
Of have property in my possession which belonged to
him b. fore bought the property speak Of is the fur.
nure of the house No lIs Chambers street. purchased
Of him during his last Sickness probably month be-
have been ten days before his death cannot fix the
time with certainty took bill Of sale for the greater
part OF it, if not for the whole there was schedule
which supposed covered all the property was told
that it did include all the property il il did not
was told sho uld have whatever ese!there remained
Before he went to Cuba lent him money, between
aud four hundred dollars During his absence paid
execution against him for between two and three hun
dred dollars also let Mrs Ward have money du-
ring bis absence to the amount of from hun.
Dire dollars. The above are all the
have paid for the furniture that recollect never
removed the property from the house. left it in charge
OF Mrs Ward, with understanding that could take n
whenever thought proper When lent the money to
the Doctor took no security for II; think that is
my present impression, but reflection think did
take mortgage upon the furniture, part of it.
do not think that mortgage was ever recorded, but
not think the Doctor also owed about 500 or
5000 for advertising for him before he went away. do
not know whether this has been paid not do not
now recolloct of any other money due to NE from him.
MOSES Y. BEACH.
Sworn before me this = day of March, ls4s
DAVID OGDEN.
The will he continued to-day at the opening Of the
Court when il is expected that some further testimony
will w In
part of the tms habed in deep mourning will be called
10 the stand as a witness for Moses Y. Beach
The case Is conducted by David Graham, ia and
of the defence, by Messrs. Cutting -.
Before Judge Oakley.
Der. 26-Benjamin Stone Us. The Guardian Insurance
Companyln this case tive Court charged the jury that
there question Of law involved, 1t was purely
matter of fact the jury to decide The chief and
only question what the actual value of the coffee
lifetime of the fire. To decide this, 1t was necessary