The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-10
Superior Court.

AfRiL sChester ct al vs. Madame enthusiastically
after 10 o'clock Saturday morning his Honor took his
seat the bench and directed the clerk to call the
of the jury empannelled TO try this cause after
which, he called upon Mr. Mulock to proceed with the
defence.
Mr. UNLOCK then rose and said-Gentlemen of the
jury this action Of repevn brought the Messrs
Chester, to try their right to retain certain property
seized by the Sheriff Of the city and county of New York.
by virtue writ replevin issued In this cause and by
the Sheriff delivered to plaintiffs Gentlemen, before pro-
coed to lay before YOU the circumstances which have
given rise to the present action will not be impert
nent to the question you have to decide, and espe
cialy you have heard touching the character of
much abused lady state to on who she is and the
position she formerly occupied in society Gentlemen do
this with the more pleasure because had the honor of
knowing her in the lifetime Of her husband when she
sat at the head Of her hosptable board surrounded
by happy and interesting family, dispensing happiness
fuence and moving in the first circles of the society
this city, of which she the grace and the
her for some years It is for me to tell YOU
who Of the world and Of business that the
Psssurable pursuits and social Of our uve
profession and Of that application and industry
sary to acquire such knowledge and mastery this
absruse and intricate science, as will enable the advo
cate to discharge his professional duties in such
ner as to- give satisfaction to those who entrust
him with their business. Gentlemen, having made
these few prepar tory remarks will tell
you who Madame Seignette is, and state to you briefly
all the facts connected with this action. Gentlemen
Madame Segnee is the daughter OF the late Mr. Hazard
OF your city man well known to you ALL at all events
of He possessed Of all those qualities that
and uorthy citizen, and much beloved for his social
and private virtues he admired md respected Tor
his stern and unbendng rmness the discharge Of his
public duties She also the widow of the late Monsieur
Seignette French gentle Of the most polished and
mercantile portion of this community of the first
importing merchants in this city in his day Gentlemen
Monsieur Segnete considered years previous
to DEATH (and really was SOY man Of considerable
wealth utby the commissions and revulsons brought
about by the blightng genius OF locofocosm, he, in
with the great Of citizens stripped of
sed circumstances leaving the defendant his widow and
four children without any means Of support Monsieur
Segnete, from the rank he held in society had many
friends amongst his own country men, and from having
formed connexon with respectable American family
friends TO the number of $780, in the spring l84
advised the defendant establish club at her house in
Mercer to be called the Acibades Club to enable
her to maintain herself and family They promised to
become members and pay niation fee Of SO EACH
This advice she gladly took but before she could accom-
plish her purpose found necessary to furnish her
house suitably for such establishment Her first step
was then to procure suitable furniture She applied to
the defendants who knew and visited her in her prosper
y, to supply her with the carpeting &C, whc Ia the
subject Of the present action credit she at the
time offered them person Of the Payne her
security who ha been introduced to her Of pro-
perty who 10 be member Of the club. and to board
10 the house She gave them reference TO Payne
himself who kept his Office in Water st. and to the other
respectable gentlemen whose you have this day
heard in order that they might make the necessary
quries in relation to Paynes solvency. Gentlemen,
from the evidence appears that the Messrs Chester and
two their clerks made those enquiries and that the
nave proved tnem there
no doubt or else they did not use due diligence and
ton in making those enquries- the latter, they had
themselves to blame. Geatlemsn, am the parc.
ular in impressng those facts the main ground
upon which the plaintiffs rely s that the goods OBJ
tanned from them by fraud and false representations Now
let ask you where the frauds and false repre-
sentation and in what do they consist1 These gentle
men knew this lady and visited her for upw ards OF wen
~ years They knew her husband asd that he died in
embarrassed circumstances She explained to them her
situation and the purposes for which she wanted those
goods She them reference to Payne and 10 others
to satisfy them elves of his sovency. They made the
necessary enquiries, and the fair presumption that
those enquiries TO them satisfactory Otherwise they
would not let have their property. Mr. MuiocR nen
reviewed the evidence adduced by plaintiffs to throw d
credit on the defendants house. and commented with
much severity the prejudice and excitement OF plain
tifs witnesses and the Discrepancy between the EVIL
dence of Thomas Chester and his son. and concluded
an able speech OF hours by calling on the jury to
render verdict his client He then proceeded to call
the witnesses the Defence the material part Of whose
testimony follows
= CYAaLrs HUTCHINSON examiD ed-Knows Madsme; met
at her house in April last with OF the OF
should become her endorser acquainted with Payne
about three monhs Madame did net know Payne before
the meeting
s.examined-saw Martin al his house in Suffolk
street two or three weeks ago him within year in
the street, perhaps one hundred fifty times FIRST saw
Madam IN April last che lived in Mercer street last fall
does net recollect to have met any persons
except Payne, Martin and Lawyer sturtevant of Wall
street; met party Of gentlemen there OCCASION
ioes not recoec the names of any Of them except those
already named
SUSAN JoHrsoN-K Knows Madame about ten years. |
very nmae in the family; continued to go to the house
in Mercer street during the time Madame lived there's ne
house was requented by gentlemen when the doors were
cpeed the gentlemen banded i'pcss their cards whsn
witness handed IN 70 MsdAe they then walked in'o s