The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-23
SuperiOrlCourt.
Before Judge Oakley.
The GRrAr LuprNAan W.,


FEB 2a-On the opening OF the Court this morning,
long before the case was resumed by the counsel the
court room was flledevery seat occupied and every
standing place secured of excitement be-
gins to prevail the subject especially among those d.
recty and indirectly inter ested in the result of the trial
On examination find this morning that there have thus
far been examined ninety witnesses This is the ninth
DAY OF the trial II was amusing to witness the nutter
hear the rustic OF Heralds" this morning
room, as the Judge jury counsel witnesses people, and
ALL were reading the report and account OF yeser
days passage farmes."
EVIDENCE roR PLAINTIFFS REsumrp
Dr. VALENTINE Morr sworn and examined.
Mr.. OCoNNoR-Whati is your profession Dr. Motif
Dr. MORT have been a surgeon for nearly forty
sy have frequently seen, and known and read OF
Mr.. O'CoNsoh-Dr. Mott, have you ever known any
cases OF congenitai weakness ibeey Of be fol
lowed by developement of the intellectual faculties after
lapse OF fsrty years2
DR.. MoTr-No sir never have. Those persons stated
to be idiots bern such and they afterwards be-
come intelligent There are some remarkable OF
congenita imbecility in Switzerland.
Mr. OCoNNoR-l said forty years J" but Alice Lispe.
nard was forty eight Of age when she Mr.
Stewards, and ffy-fve when she died. That Is ALL DR..
Gen. SANFORD did not cross examine.
Mr. OCoNSoR here offered in evidence several deeds
He then called
DR.. JAMES McDoNALp.-I was for many yeas in charge
ofthe Boomingdae Insane Hospital and have under
my charge aprivae institution Of the kind have seen
and known much of persons both in this country
and also in foreign countries
Mr. OCoSsoR.-Have you ever known any cases of con.
genital weakness, imbecility of mind be followed
alter the age of puberty by particular developemen,
or Improvement of the mental powers7
altogether an anomaly believe it never known.
Mr.. O'CoNNoR.-From birth to puberty they
Dr. McposAtnMMost IDIOTS are s" CAPABLE Of being
taught to certain degree-in such matters are in
manner mechanical and do not involve the exercise Of
the higher faculties Of the mind They have degree Of
memory can be taught to do many tring duties to
Mr.. O'CoNNoR.-Have they the faculty of rejecting
rMCUONALD-They
reflect Being further questioned by Mr. OConnor, the
witness proved the very high reputation of work by
Dr. Of Edinburgh relative to this general
subject
RosERr MANNING, Esa-I am lawyer know Robert
Stewart.
Mr.. O'CoNNoR.-Hsve you ever heard Mr.. Robert Stew
art any thing relative to the value of the left by
Mr.. MANNIKG i have heard Mr. Robert Stewart, on
one OCCASION say that the estate of old Mr.. Lspe.
nard might be said to amount to about 100000. This
said more than twenty years ago.
DR.. GRAHAM-In answer toquestions by Mr.. O'Connor
Dr. g. stated have had much knowledge of the value OF
real estate in this city In 1906 believe that the Lspe
nard property was worth $4,000 OOO The estate con-
tanned sixty or eighty acres There was some laughter
as Mr. INSISTED o that Dr. o6G who
however, persisted in his statement.
Mr.. O'CoNNoR here RESTED
mr.; JONATHAN HATFIELD, (agedl-I reside at Ill
Charlton street. The old estate Of Mr.. Anthony Lsps
nard was chiefly IN state Of meadow The principal i'm
provements this estate were made by Mr. A. L. Stew
art after old Anheny death, and were begun before the
last British war. The witness here went on sometimes
in very humorous manner, to give sort of historical
Of the and condition of the Lispenard part
OF the city in ancient times.
EZEKIEL YEoMAM-I have for thirty years or more
known the Lspenard meadows This witness testified to
the desoate and unmproved condition OF the ancient Lis
penard estate and to the extensive improvements made
upon it by Mr.. A. L. Stewart
Mrs SARAH ANN STEWART recalled.-Being questioned
by Gen. Sanford Mrs Stewart sisted that previous the
former examination, she did make certain papers
moranda respecting the evidence of witnesses This
necessary for the that the only member Of
the family who could attend to the when
fore the Surrogateone member Of the family being alb
sent in one country, another in another, and Col
Webb he had sufficient TO do to attend to his paper and
politics the deputy lawyer in the case you will
allow SO to express it. These memoranda contain
nothing but what the witnesses themselves stated.
Crossexamnsd by Mr.. O'CoNNoR-Whst the date
Of your fathers death7
Mrs. SrEwARr-The date Of my fathers death was goth
March, 1885, In relation to the papers spoken Of Of
these witnesses declined receiving them; nevertheless
did leave the papers with such witnesses in order
fresh their memories to dates
Judge OAxLEY-Gentlemen, do understand that the
case is here closed on both sides?
COUNSEL on both sides-Itis.
The Court here adjourned, to give counsel opportu
nifty to prepare their speeches which will to-
morrow Thursday