The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-08

11e 0xoat 0arard VIII Caoo-Argument Of
Horace Binney.
U. ;. SUPREME CouRr, Fee. 6, lS44.-The court
room was densely crowded this morning with ladies'
members of the legal profession were in dligent and
earnest attendance, from every part Of the United
States ntenty eager to hear the arguments ofthese
mighty and gigantic intellects-( Chimney and Web
ster.) 10 observe all their gestures and move
ments-the glances OF their eyes-the workings of
their conference.-the intonations Of their voices
land In short all the minutie of this sublime and
glorious spectacle. 1t Is grand illustration OF
conflict between mind and mind, and the final sur
render of the powers of self-nterest to the majestic
decision of the law.
large number of ladieswere in attendance, like
vernal flowers springing up amid the creyces of
immovabe and everlasting rocks
Mr.. BNNEY commenced his argument at the point,
That the devise to the Girard Coegein the resduary
clause OF the will, was null and void, Mr. Jones
tended that in that case his clients would be
helped because the devise would remain in the city to
imay a. well say here once for ALL that there is little or
nothing Of popular interest about this The argu
mens are not in general easily understood principles
but drawn both sides from of the most abb
struse points of law such spsed legacies the old
statutes Of aud trusts the statutes OF mortuar whs
ther statutes of the first Henrys Richard Elizabeth and
James are operative in Pennsyvana. The law Of shar
ties from the time of the Norman conquest, and
back to the dsys ions and how lar there is
Any thing therefore, like close report would be dry
chip and this the audience showed by quitting pref
in as soon as Mr. Bnney would begin one Of his bcauti,
full general Investigations Of the of principle
ne desired to prove by the quotation of
Mr. Webster evidently enjoys his opponents argument
very much, although now and then think Mr.. Binney
took the Court and the of the counsel into deeper
ter than they commonly swim in At least all hands put
on the aspect Of listening to profound investigation of
abstruse law from the mouth Of teacher. Mr. Bin.
ney is pleasant speaker, with good voice, and
evidently fine helles ettres scholar When he gets
chance he envens the dyness of argument very
fms
description of characters into such selfish embrac
ing only our relatives and those which the poor
SION that the English law exacted the Apostolic Rule
"Charty never faeth" and that Sant Paul the first
trustee for charitable when he carried the
tribuons Of the Asatcs to jerusalem" set Mr. Webster
in great glee and pleased the judges highly
Mr. bSNEY, just before the adjournment laid down the
following propositions which from the ease with which
he read Them and the pains taken by Mr. Webster to get
them correctly, imagine cover his ground:-
lst-That such those in Girards WILL good
under the Common Law of England
2d-That the city of Philadelphia. being in possession
ofthese uses nothing is requisite for them There
is no remedy wanted
3drhat trusts such are in the will are entitled to
protection general principles Equity Jurisdiction; and
that these principles are part of Pennsylvania Laws
4th-That they-these trusts enjoyed this protection
before AID Elizabeth the original Jurisdiction of Equity
Courts, and have had It ever since.
5th-That AID Elizabeth was only auxiliary remedy
6th-That whatever 43d Elizabeth impaired to the law
OF charities Is thoroughly adopted into Pennsylvania law
together with the great body the decisions Of the Court
give you these a sample of the mode of Mr. BIS ar
gument. He states series Of propositions the de
pending the oher and then going back the first of
the series takes the leading bearing his point
and examines them, to they sustain him. Now and
then he turns tn Mr. w. and addressing him. invites his
attention to reply To day, in quoting from of Mr.
Webters own arguments in Is Peters he begged him to
answer his authorities Webster answered I" That
was bad case, and had to make my arguments to suit
my case !" This raised quite laugh.
Throughout the court there IL great silence
now and then when bevy of ladies in In fact, it
looks more like ball room sometimes; and if old Lord
Eldon and the defunct Judges of Westminster would
walk in from their graves each particular whalebone in
their wigs would stand end at this mixture of and
women law and politeness, oglng and Irritation bowling
and curtesying going in the highest tribunal in
America. Yet 1t all works very WELL and visit to the
supreme Court is as much on," any other ladies
sight in Washington
BY the way the Judges who usually very punctual
did not get out of their consultation room until IL
o'clock just of the bar wits debating the
propriey OF habeas corpus from President Tyler, to
bring them into court.
What ground Mr. Webster y take is of course not
known but thus far Mr.. Binney has made pulreising
announcement grnds as he goes-and it will need all
Mr. Websters talents to rebuild Mr. Jones' constructions
Such seems the general impression at the bar.
Dick RATcLIFF, halfbreed, was hung in the
Cherokee nation in the early part of last month for
the murder Of his wife, He wealthy, and had previ
ousy enjoyed respectable reputation and had been
III Of one of the districts. The of his crime was
intemperance.
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