The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-20
General Sessions.
Before Recorder Talmadge and Aldermen Williams and

General Sessions.
Before Recorder Tallmadge and Aldermen Williams and
Cczzens.
W-pNEspAY.-Triai of WiHiam X. Prince for Li6e! -
The trial OF this gentleman Tor libel on Gabriel inter
his uncle and brother III law of VIM Prince deceased
which has occupied several days OF The court was re-
sumed yesterday FRANCIS CUTTING and jams H.
WriNo Esqs appeared rs counsel Tor complainant and
Dawn GRAHAM and HgNRY NJ w EsIERS Esqs, for defence
MIR. Western, for defence, recalled
GABRIEL WINTER, the complainant to whom he present
ed three deeds
MIR CUTTING, for prosec u,on objected to their intro
duction. which objection the court overruled.
wrNrss eontinwd-The granted in these deedswere
portion OF the original property OF VIM Prince senior
at Flushing, Long Island, which was purchased by me
under mortgage due the Mchanics'Bank OF sl4 300 one
OF these deeds given by Winter White TO William
knighon Of corner lot Ridge street 80 feet iron, and
O2 deep sold Tor SOOo the second is to John Rcke
20 front Tor $500 the list Of September lsa the
third dated the OH Of August, 1912 to John Wright
t~ lots 5s feet front l2i ee 6inches deep for 5000 "a
map OF Flushing was here shown witness)
WIrNEss,l the map before it was comple,ed-t is
dated lst April lSi-theIe several lots OF ground
this map belonging to Mr. Prince whose name is not
placed thereon such is also the with property
owned by subsequent improvements were entered
petition open the through Lnnean Garden at the
time they were entered on this map-a street. called Far
mingon street. running through the garden, was made
pubic street by the trustees.
rossEramirtd by Cutting, for prosocution-I never
had any conversation with Mr. Prince the cider relative
to the property previous to the purchasel called upon
Albert s. Prince the elder, with Mr. Bradford, at bis
ques-Alr Prince wished extension OF sale for Blk
months in order that he might remove the trees told
him that the bank would postpone the sale and
the reasons told him that the conduct OF his son, VIM
r. Prince, towards the bank such that the bank
determined to close his accountas he had oveTdrawn his
and had by trck.ry obtained $500 $1,000 from
the bank carefully atalned in this Isation from
giving the elder Mr. Prince believe that any would
BE- made in the sale OF the property under the mortgage
had other interview with Mr. Prince until the day OF the
sau-Percy Bradford and C. V s. Kane were at
conversation the day Of the sale with Mr. Prince did
not Mr. Harris there at that time then stated to Mr.
Priuce that had carefully abstaned from giving him
I.k. k. o. rh.s.r pf
property order that he might not relax any exertons
the property; then stated that myself and other
gentlemen had become the purchasers Of the premises
then explained him the views with which the purchase
had been made which ere TO employ competent pur
chaser to take care OF the nursery leaving Mr. Prince to
do what he could that person TO receive onehrd the
profits, Mr. Prince another third and the othero the pu
chaser in payment OF interest on the money invessed Mr.
Prince did not then assert any right title Ill the proper
ty, did he ever at any time; never proposed the
name OF the accused as superintendent OF HE garden
but always objected it, think the day OF the sale
or the day Sf.erwaras, mployed MIR. Garretson to
take charge of the gardens-.between the Doth
OF April and 9Th of May had one or two conv creations
with Mr. Prince reative to improvements oil the place
he fixed time to in order that could advertise the
buildings for sale then perfectly amicable
Mr. Curing here read a letter from Mr. Prince, the
senior to Mr. Winter, sent after the sale, in which he
premises for short period thus evidencng Mr.
Cutting said his assent to REIMBURSEMENT o, any title or
claim to the premises.
WITNESS continu,d.-There were no profits from the
garden dur ing lie time of Mr. Prince the elder and
therefore paid to him the proceeds OF sales,
profits &c. Of grounds. has never been equal 10 the
amount of money expended exclusive OF the purchase
money the property sold under the three deeds pre-
mortgage and also lent money to two Of the purchasers
erect buildings sought purchasers ana advertised ior
| them in newspapers in New York and elsewhere:
ing towards Mr. VIM. II. Prince, whoa believed disho.
nest, and also knew that he as aware OF my feelings;
also knew that Mr. Prince abused all he coud about
hreeiourths OF the house in which Mr. Prince resided
in the way Of opening the new street through the
garden, which was the reason why wished nun to re
transferred the mortgages between one ana Two years ATE
the sale; they have not been foreclosed; told Mr.
Prince the day OF the sole that IL he could RAISE 'ht
money due the Mechanics Bank the property would be
Is ae do no M died at on ms h
! bed, that my promise was not complied with.
| Odd he die in want Of the necessaIes of life!
Mr. GETTING objected, and the Court overTuied the
question.
! "A paper was here shown witness.l
WrrSs.s-This is the hand.wr of Mr. Prince, sen.
he died the age OF 10 years and months have re
ceivcd other letters Mr. Prince senior, but will
produce them uniess the court compel it.
The prosecution objected to their being introduced
the defence commended to the contrary.
TIE CouRr decided against the introduction of any let
tiers that did tend exhibit the sfd III the
JoHv w L.wRENcE called by proseCuon--l reside a
Flushing knew the late " m Prince well after the sale
Prince this about month after the sale after Mr.
Prince had left the garden (rhe witness was about pro
ceedng to relate the conversation between Mr. Winter
and MIR Prince when counsel for defence Ohject.d arc
| the court sustained the obj,ction)
| The court then adjourned until o'clock.
EVENING SESSION.
The court decided that any letters that had passed b.
tween the elder Mr. Prince and MIR. Wiaer, which hac
reference to the purchase of the property fer the bench
| Of MIR. Prince, were admissible.
Irhe production OF these letters had been previously
| object to by the counsel for the prosecutionl
| JoHx w. LAWRENCE recalled Called upon the elder
| Mr. Prince with Mir Winter. conversation took place
about the purchase. MIR. Winter stated that report wa
IN circular that he to buy the property in for the
benefit of Nh Prince which MIR. Winter denied to as be
| ing fact
attended the sale OF the property as counsel for Go
vernon Collins, he father E-!aw of Wm Prince, wh'
| was Judgment creditor the property for Sli a
the day OF the sale and Immediately after it. Mr. Winter
told Mr. Prince, Sr that he was not inimical TO his IN
t.rest, and had plan that he would now suggest com
mened severely the conduct Of w r. Prince, and SAT-
il Governor Collins and Elder Prince would take the pro
p,rty at cost before the 9th OF May they might have it
did not hear the reply distinctly but appeared to CIV,
sasacon; third OF the receipts were to pay the out
goings OF the establishments the second to pay the inter
est and purchase money ana me MIRO 70 90 "
Winter, who said he would do SO and SO; IL as IAN
| sale.
| Cross erarained-There only one bidding at thu
sale that was by Mr. Winter for the Bank; would have
bought the property had been possessed of the means
put my initials plan at the requestot Mr. WinieI
and wrote to Governor Collins.
-he letters were read from the Elder Mr.. Prince,
planning Of Mr. Winter driving him from the premises
depriving him Of apump, Sc, tor his convenience &c
and all specimen fruit trees, &c and shrsbs and that ht
drpende on Collins to arrange the matter wit
permit sacrifice of property that had been IN flourish
ing state for great number OF years This was the
first lete it daed August 10, 1910 The second was
a series OF complaints against Mr.. Winter complaining
that he about to do all in his power against him. try
ing to influence the Mechanics Bank to oreclose the
mortgage Sc-the unfortunate speculatons in mulberry
trees Others letters read, dated 10th June
s4i, which stated that he was not aware OF any ar
| rsnpement having been made for his intercs, and
stating that he believed that deception was practsed
and that he dependant some one for beei giving
his reasons why he did not accept certain propositions
naei the onehird OF the receipts for his support; giving
reason that profits could ensue to HIM for two or
three years consequence of the suc OF the trees and he
would be left to starve. The letter evnced wounded
feeling the part OF the writer No replies were made
| to this letter.
ri,paIrL WINTER again called byMr Cutng-Mr Prince
complained of his conduct tow him to the Mechanics
| Bank which complaint was not entertained
Nothing further material to the issue occurred and the
was submitted 10 the jury under charge from the
Recorder counsel either side conserving not to sun
| up the case
The jury could not agree upon verdict after being alb
| sent from seven TO nine o'clock, in delberation