The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-07
The Great Girard VIII Case-Wsbstsr and
J, Blnney. .. NN.i.t Il

The Great Girard VIII Case-wsbstsr and
T. 81 ... Binney. NN.t r
SUPREME Court OF THE UNITED STATES, Feb. o,
lS44.-The Supreme Court Room is semi-clrcu-
lar As you enter at the point where the circle and
the chord meet, you find seated on long platform
the highest judicial officers OF the nation, each
ROBBED in black silk gown, and sitting in large
arm chair before his separate table, Justice Story
presiding as Chief Justice fancy is confined to his
room by sickness. In front, and some distance of,
are four mahogany tables; seated al one of these
is a small old gentleman, that is the celebrated
General Walter Jones next is DANIEL Webster,
with beeted brow'an dark eyes pouring over the
papers, books printed statements OF factsin the
case behind him sits John Cadwallader, Esq, of
Philadelphia, and in this cause the principal grub
ber after facts and documents. He is Horace Bin
ney's son-in.law. At the table parallel to Mr..
Webster, you behold Horace Binney Esq, white
hair, large head and frame, wearing gold specta-
| him Is John Sergeant, Esq.
Thus have sketch of the chief actors in this great
Of its in to
tax on his property, which adverse decision would
cause long since gave an opinion favorable to the vadi
y ofthe will OF Grard and having quit the court prac-
ce Of his profession for ten years. has down
into the to sustain his great legal reputation against
the determined assault of Daniel ebser! As this
turns the constructions Of Pennsylvania laws and
the law Of trusts and in force in that State Mr..
has evidently prepared himself fully points and
his commencement to-day beautiful analysis Of Mr.
Girards WILL the first seventeen clauses of which, Mr.
B. stated among other things devoted to giving
these very heirs, some hundred and forty thousand
dollars which they had received That MIR. Grard had
named every heir of his brother and two sisters and
| that intent had he been excluding his heirs from
more OF his estate thani he gave them that his will
pressly created in event the State OF Pennsyva
and failing that the United States his resduary legatee.
That the Supreme Court therefore called upon vic.
late clear intention Of the tesator by construction OF
law and to do that which of all things Grard had wished
| not to have done.
| Mr.. B. then explained his construction of the word
residue in the WILL and collaed such clauses in his
opinion showed that the requests under the will in trust
the powers of the CyCharter and rights Whenthe Court
adjourned he was just commencing on Paul Jones' two
great points, which were lst That the desires in the
will in their terms void, from the conjont defect
ofcapacities both in the trustees and que trusts
ID That the assertion in the first point
neous that, them the desires in all their ends and
aims against the policy and principles OF all the
laws Of the State OF Pennsylvania
Mr. jones' argument, probably owing to his i'll health
was rather dull affair and he spoke low, and with
time. Mr.. Binney appears to have very ample brief
and to have every link in his chain of argument
place The best evidence of this is the fact Webster
and the Judges kept busy with their pens noting his
points and positions The argument is very close search
ing and logical and every and then Webster stops
tax long BREATH and goes at his pen again. Daniel
evidently has woke up he is not taking notes for moth.
ngand MIR. Cadwallader has chewed up two tooth
picks extra since Binney began. 1t going to be "ta
fight and mistake and the clear voice the speaker
ing their necks round the pillars and the screens
wondering at the transition from Gen Jones' sopoGes
Tomorrow, however the grand fight begins and have
no doubt the cars will bring fresh stock Of lawyers
observe several OF the New York and Philadelphia bar
here, and am told that more are to come.