The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-10
Tho Great Girard Will Case.

SUPREME CoURr, Feb. 7-Partwiumt monies,
nascctur argunnestu,nf tngems.-Mr Binney Is still
evolving his mighty argument-but when the ac-
couchment will be defnitlvely accomplished Is
not within the jurisdiction of this court to say Mr.
Webster looks on with undisguised dismay: Il
seems he has hitherto regarded the moderate sized
the mighty engine with which he had to contend
But the drefu fact has been revealed today, that II
is but one of seven thunders, and that there are
six more yet to come. The Court was astOunded
At the discovery, and as for Daniel,
Obstupuit, stctrunque coniae, vor fd1cibms maesf.
1t was one of Sam Weller's "doube million"
1.-TWO millions are at stake) magnifymg" I" col
lege" arguments, which fell like a thunderbolt
upon Mr.. Webster. His first impulse was to . OBJ
iect'' to its delivery. Subsequently he appeared
more resigned.
The following is a condensed report of to- days
argument by member OF the bar.
ELEVEN O'CLocx.--Mr. Webster just come in Ladies
Cling up the side benches. No court open as yet.
FIVE rae. n SIyer Rnney
proceeds to his second point in the series OF propositions
laid down yesterday Supports this by saying.
:eres and that after the reformation public charities hav
ing been perverted into private charities and otherwise
msued to effect restoration Of these charities to their
proper uses this 80 Eliz chap S. was passed. To show
this the preamble read 49, Ez chap 4then cited The
distinction between these two statutes stated The first
twenty.one kinds Of charities. This concludes the satu
tary portion of the doctrine Of trusts.
The cases at common law next came on. Mr.. b1nncy
has never been able to find case in which the validity Of
charitable has been doubted The question has been
whether the was in good condition What in your
books called condition. about Elizabeth Judges called
On this point Mr. Webster looks puzzled
his ear and rubs his forehead As Mr. Binney reads his
cases Of charitable uses of them, such use to
Keep from priests praying forever he sets the ladies
laughing a pretty girl in the corner seems to think
,glng much better trust The statute Of % Henry sh
purposely written ambiguously. being the first
act, destroying superstous towards the Pope
Mr. Choae, Senator comes into court and Mr. Webster
and he retiring into corner have five minutes talk
prob ably on Senatorial use.
The common law extends generally in Pennsylvania
md those who allege an exception must show it. MT
growing outio case in Sergeant and Rawle; illus
srating this view.
This is not an antchrstian trust. The bill in Chan
ery does not aege this. with sensible religious man
should argue this pleasuraby. But here, these
claimants having first got all they could under the WILL
he orphans o help themselves! They did not until Their
egaces were paid discover the impiety Of the wills ant
lid not as religious man should have done refuse tn
very delcately situated and let all who hear me remem
Der am here 10 show the difficulties that met Mr.. Girar
| in drawing his will so as to cover his views.
Mr.. Girard had two plans to follow-lst, To fix on
sect 3D. To say nothing about religion Reviews thes
plans and their difficulties The fundamental error of Mr.
iirard in my opinion, in endeavoring to bring al
ecfs into his college. But he had right to do it, ant
having adopted this vew then he did best in the cours
he pursued. will now show what Mr. Grard has done
then what he has not done; and then Cunning to Mr.
Webster| I will leave my friend to show what he ough
| to have done
Nothing in the will prevent children going to churcl
the provision il that layman shall instruct within tn
walls Of the asylum. This argument in detail puts quit
| novel aspect OH this case The conscience OF tn
yyer is the test where those who the receivers have
choice to accept refuse. MR. Webster dissents BY
| shaking his head
| ION concluding this point, Mr. Binney opened port
lio holding about Of brief and proceeds where
| the faces of the Judges lengthen--and Mr. Web
| ster asks for more paper0
Mr.. Binney goes on TO his third poLt-quotes iarg'
| number o! cases.
The fourth point Is taken up and lucid explanation
MA is gvenhistorical evidence to sustain the point
| I'D cases cited to the same point.
On this point Mr.. Binney went of into district OF III
law dry the African deserts The ladies departed
md gentleman by pillow yawned as lf he wanted 4
bite OF Mr. webster's head, big as it is!
The amount Of labor displayed in preparing this case
BY Mr.. Bnncy has been immense. He has abstrncte'
,nf analysed his cases. to present them in compac
rder and those only who have tried this kind oil con
ensaon, can imagine the labor Appropriation:
There ia remarkable fact in this Court The adie
cannot talk and they up under the infection astvn
ngy well The audience to-day has been very large ian
select and growing interest expressed to near MI
Websters reply
| Fen. Son the opening Of khe Court, Mr. Bnne.
proceeded with his sixth point 1t is evident mat IN
labor of the former days Is beginning to tell on tn
peaers strength and in consequence most Of the case
re only cited nv the page and volume, without common
Or analysis This method disposcs Of very many page
Of the huge brief.
3inney argument to-day, because was in pait in an
reported and also from the numerous references to act