New-York daily tribune., 1843-02-27
Gitp tntelI(gente.
SATURDAY, Feb. es5


SATURDAY, Feb. IS.
SUPERIOR COURT Before Judge OAKLEY
Helen Sophia Lsyeard and Others vs. Robert 5.suart.-
M Wood occupied the Court till IL O'Clock today, in close
Of the summing up Messrs Sandford and Butler then
tered Into explanations as 10 the various cases which had
beenctd. a short taken, and the Court
assembled at O'Clock, the being crowded in every
pa, and large number Of ladies present Judge Oakley
scn delivered the charge He congratulated the Jury on
Tie termination OF the which, hc said, was one OF the
most srduous he had ever known least since occupying
the bench been engaged in He also paid
adsered tribute to the patience and attention eYlnced by
,be Jury throug hou the extended proceedings he ihcn
stated that the question TO be passed upon was simply
whether Alice POSSESSED eak nad that she did not
Understand The nature OF The property she possessed ESQ.,
The will valid and the plaintiffs entitled 10 recov
e On the other hand, ii they considered from the test
uony circumstances the that mnd hid
Improved 10 the extent spoken Of after h9r going 10 reside
with the family OF Mr. Stewart 1t proof that she had
p teen an idiot from her brth all the authorities agree
that where idiocy exists there is mind to develope
whatever may be the appearances produced by Of
kpdoe the part Of friends If this is established, then
comes hc question whether she had been unduly in
aaenccd to make her WILL to the benefit Of portion OF
her relatives and The exclusion of the rest matters
whether this undue influence is caused by coercion and
rats or By kindness and favor for the law locks with
usual care where weakness Of mind exists asshown
nhe presen instance. II undue influence exercised,
cher by threats kindness the will is invalid That in
iruce there doubt yet nothing is shown on
pa:t of Dir Stewart bis family but kindness and al
enlon The cny appearance 10 the contrary was nearly
thirty years before !e will being made, when Alice said
her as. S,ewarU told her that she would net give
Der any caps unless she signed or put her marx
The paper lbeu handed her Ute transfer OF her Interest
in hnihony's estate) Whether there was an undue III
huence, Otherwise, the Jury must determine IL has
'senaled by counsel that instruction TO make the VIII
be shown on the port of Alice bnt the Court does moi
coasder that the law requires SUCH The Witnesses re-
marked that Alice bad frequently expressed determina-
tonic give the property Mr. Stewart IL the Jury so
consider il, that is sufficient 10 show her views.
The jury then relIed, with directions, should lhey agree
upo VERDICT In the e.assembng OF the Court
5o'clock. Al that time they reurned finding verdict
favor OF paint hundred and sxte part o.
h property, claimed in the decara on BY THIS deci'
sna viii Alice, and the transfer she made IN 1905 are
declared 10 be Invalid by which than 300 lots of land
d Buildings between Anthony and Spring streets, west
OF Broadway, revert 10 her heirs 1T law
q SAsGESTs MAGAZINE Tor March lot sale at the T-i-
| bune Office.
| SUPERIOR CoURr.-Before Chief Justice JONES.
As-.n3er Grant vs. Ephra,m Seyens-hc.ou against jug
ue Seyens for false mprisonmeni alluded 10 yeserday
At testimony had been heard Mr. Price, counse for de.
tndsnt, moved for nou.su which granted by the
| coarL
Na,Au.,si Pearce VS.. Hiikins / Ro.n, and James B.
Garor The pisintlh IL i5iO, loaned bis endorsement
10 N.lkins ( Rollins draft OF Mr.. Gcntwortls for
j1s, which wilkins K Rollins were c-take up was not
pad. however, when DUE and NI. Fearce was sued and
bada pay the amoua with lie now brings action
blecoyer of Wilkins Rollins They denied hsfcian-
The pry however. found for plaintiff in TIE sum OF $685. 5
-orn9 rircipal and COSTS that have accrued
! US. DIsrRIcr CoURT.-Belore Judge Belts.
Caaa States VS. Tares Gases Embroidered Nssm Collars
aaOne Case Thread LaeesThese goods were seized by
L. loTE (. al. t.,yn5r hoy aTp
e,nc .y Mir Joseph o. Sonjean The Jury, after trial
trse davs ioCnd rerdc, "a favor OF the United odles
The three cases embroidered goods and for the Claimant
co the aces.
NEw JUDGE or THE SuPEHIoR COURT MI aaron ' an
depo having been appointed one OF Tue Assistant
a&e Superior Court, pacs OF Jucge 1ahaose'
term o; office has expired,) he precshse@ MS eIeueu "
Gay aad assumed The duties oi his once.
| POLICE OrYIcE.-CHARGEs OF FORGERY AND
GRAND LARcsNy-A man named Turner Merritt was ar
ea Today by Osborne, Clerk OF Pelce Ia lhe saes'
charge OF having. The Isl OF December ias
cheek yr S2 lhe OF Mrs. Adeline m!ier OF NO
/ !H Duaaeslgeel, the Tradesmans Bank, which sue
"oe signed but the same, Is also the endorse
| t-tt was written by Tie accused.
The same prisoner also charged with haviag acoui
hs E OF October stolen gold watch and chain worth
Vs. trom ars Soph,mia Aumphres, then OF No Beaver
aies OF S2 Chapel street. He look the watch, she
M without consent, saying he would get repaired bni
psaged Hars, In Chatham street, where was found
| Aesrlu committed 10 answer on both charges.
| arTsmrrED BuRGLAKY.-Two men, named Edward
Tucker and Joba Smith aas BrinkerboG arrested by
oncefs Drnker and Fream for attempting, on Friday
ngs, 10 break into clothing store Of John Harris No
w sowey. They were caught In ,se attempt by le ON.
@ AFTER trying get into several stores and were to-day
! SUNDAY, Feb. &c
p. CoRoNERs OFFIcE.-DEATH FROM lsrEaFE-
&SK-Y he Coroner evening held an inquest IN mr.
h-sreet, ne First Avenue, ON The booy o. maj
aaec Thomas Bugcr, Esme OF Ireland agea "a year.
Ls very in,smpsrate person, and hyed 10 shanee
n Thursday, having been drinking freely of
Gays returning 10 his home, was seized %i'n vo,hs
sud died on Saturday, about O'clock M Ferdicr oi
TIE jury Death from inflammation OF The stomaeh ano
bswes and want CT medical at,e4donse
| DEArB FROM Scupls6-The Coroner heid an lnqaSs
Ses,syay morning al 81 Moistrect In the rear on Inc
body OF snsil chd about year old named Amelia oooe
ch The child pitcher OF boiling ten over heI per
son. which scaided her badly This happened on iuesda
ana died yesterday morning. Verdcs-Dee'h from a.
ssaSss al seading.