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


and humor on the testimony addicted 10
position that Alice was deemed an idiot by general
P9,ation Some Of these witnesses had testified that
An1e snhough shorssighsed, was exceedingly agile
could run along the rocks and gather oysters from their
beds In the mud the crevices Of the rocks-sud still
more wonderful, that she could catch grssshoppers
(Lsuahterl In this way that fancy and imsgins-
tiun and the feelings which the influence Of wealth. Of
friendship Of consequently of long scquaintsnceshp
testify 10 shct which he Mr OConnor) would not call
perjury, but which he cons,rsine ed to say oil
himself testified that he deemed her an IDIOT for wears
until some subsequent light dawned my sterosly upon
his mind, But he then thought she idiot, be-
titute OF sense, and Alice cried for gingerbread she
evinced sense and was therefore IDIOT Mr. orc.
preny the evidences Of Alces idecy which
brought on the other side He then proceeded speak
Of the aiege motives Of Mr. Stewart in bringing her
Jec OF bringing her back Hudson street. reform
her hsbits ofntemperance This was not, however, in
S u,.m .. AZ not even 90 certain toa she was
lowed her was three glasses of wine daily But that she
probably needed and it certainly could be called in
temperance That was tho case from 1908 till leas-s
period OF twenty years Was she then incorporate
was there any necessity Of taking her home to Mr..
sewsrts to reform her Of intempsrancel She was
aNogether free from the marks of intemperance
she ssd a oy a sSsisr' mueS" Mrs.. f''~a
by more than one OF their own Witnesses. But the
manner OF cross examination had been msrepresened
ne INT. 90 had not found that point Mrs Sargent
gave up of her own accord But Mrs. Sargent spoke
from psper and really knew nothing about the mat
nary statement that she drank brand fond of it
and would have more than glass in her tumber-that
then thus that Alice Is back to
Mr. Stewards she all at became sot and that by
permission After having drank only three glasses Of
titles Of wine and brsndy by permission and large auan.
titles in addition, which she pilfered They then made
ss o sTd TINS sO brought into
selves is reformed by all those gentle modes of persua
son in which the Rev Mr. Stewart says Mrs. Skillmsn
SO much exces, and Mr.. A. L. Stewart to have her
property as small return for this work of mercy and
labor Of love! (Laughter) She messages too, all
over the house Tor every one not excepting the servants
that all the treated her with great affection and
respect Well certainly, it not usual for young
them on errands all the house (Laughter) In
what state of subsection she kepta Sent to her
mise be good girl" Sent 10 her room even by her
niece, and remaining prisoner to her fearsnot by
lock and keybut BY the rigid government of niece
relatives She called herself It is said by Mrs Stewart
the last of the Lspenard, and Mr. Stewart said, Yes,
dearnthe expression child-"yes, dear you are the
last" The counsel asked with great ingenuity then
"was she not the Only remaining child of Anthony Lis.
penard - and when he came to read it, he said the bro
sense II there had been living but women, that
the name could not be perpetuated, she man. might
ards but there being other women alive, there would
have been no propriety in it, But even that not
true for nephew ofthat name still alive, and the
reotest times But if she did say So she was after
all prophetessfor in that the last of the
are rs the provisions oths
absence of fraud why did Mr. Stewart tell to this miser
able imb,cie Yes DEAR you the last ofthe Lispen
neighboring province and sisters alive. There was
fraud. In the name Of Heaven, what was there just
nephews and nieces about the house. she would have
given her estate to her But what had the blood of
alexander Stewart to do with that which flowed in
the veins Of Alice was there gratitude in Gratitude
to whom For the man who had stripped her Of her
little income-to the who had kept her on misera
who wasthe enemy Of her house and the supplanter Of
hsr whole mole fortune and estate throughout her life
where was the gentleman's conscience Was il
according to the laws OF our land l. not In 70.
reign countries the power Of making will and tesla.
ment very important indeed the only means Of Civ
ing expression to the dictates of affection and humanity
and contrav enihg the unnatural laws under which the
people live. But in this land j. is different Our laws
conform to theeengs of humanity Had Alice made
will OF her sixteenth share of the estate would
have gone to the family Of Alexr L. Stewart and four
her scattered kindred 1t would have gone 10 Canada
where her orphan nieces mourned their lost father-
would have gone to Virginia, to her crippled niece
What would have become OF the other ten Instead
Of going into the grasp of Alexander L. Stewart and
forwards to this soery dotng Robert Stewart it would
they would not be the crnging surpant slaves Of
whimsical old man. But these are the evils Of will
sometimes called, and cum turals as Alexander L.
Stewart may we'll be tyled. Mr.. OC argued that when
will made in accordance with the law Of the land the
dictates OF nature and the principles Of honesty and
tce, ought not to be lightly medded with. But when
made in direct opposition to the law honesty feel
ing, to nature-a jury should strain If straining were
in order to correct it's unustice AS to the
evidence ofthe medical witnesses whose certificates OF
the sanity OF Alice have been adduced it would be all
hE tha Iouy ovI nNal
chosen by Mr. Alexander L. Stewart But the witness
es who are present at the execution of will are the
believe in the sanity Of the testaor or tesarx they
should not have witnessed the execution of the will
But what is the evidence instrumental witnesses
One did not dare to ask his opinion, and the other
could not tell what his opinion But it is said they
did fern an opinion, and they respectable Witnesses
generous. What then was the opinion Dr. Nelson
said II was that she idiot. But his
examination he says he did not believe she could have
been taught to repeat the Lords Prayer-to count
or to know the alphabet II was thas that we got
at the definition this gentleman gives of idiot
answer question and knew her own name :
He (Mr OC) would give something to have Alice there
was Alice or Elsie, she would answer that it Elsie,
and nothing else. Asto Dr. Hunter he il little bolder
but not better witness He lMr. OC) did not
put the same questions to him he did to Dr. Nelson
DR.. Hunter had been told great many things He re.
collected that Dr. Hunter said. that Mr. Edmands told
him in the Surrogates Office that Alice could write: and
Mr. Edmand, they knew had said that there was moth
ing too great or too little for him do in the cause of
Alexander L. Stewart! No doubt of ii. He was well
qualified to act as Of the clerks Alexander L.
Robert Stewart Talking to the witnesses was one Of
the little" things this Mr.. Edmands had done. Well
what did Dr. Hunter say That he had been told that
Alice could read and write he would have signed the
will Mr.. O'Connor commented at some length the
testimony Of the medical Witnesses and referred to the
opinions Of Ray and other medical writers insanity
Was Alice responsible TO the criminal laws Of the land
Suppose she had bought rum with the money she had
been sent to the store wh and got drunk; or suppose
she had stolen watch any other trnket she fancied
suppose she had, in fiji Of temper, killed OF the
children having an aversion BEFORE malice prpene and
done with weapon at hand would she have been
found guilty Of theft murder No. If she were now
before the jury, would the verdict not be, Not guilty
the ground of insanity"7 Yet, to make out their
position the counsel the opposite side must show that
she wa, responsble being-responeible 10 her God