The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-10

Before the Recorder and Adenon Meserole and Dodge
M = Pa Esa Dixfr

before the Recorder and Adernon Meserole and Dodge
Arn 9-Triai Of Joseph c. .asiey, indicted for Per.
jury and Forgery, confnued-FaAscIs o. Dom, sworn
shown witness which he identified the Of Ash
ley In an examination taken before him the 9Th Of
Mr. cnrsr proposed reading this paper for the purpose
OF showing that on the above date Ashley stated Fair
BARN was the owner Of the property IS Grand street.
and subsequently ON the l4h January he stated that
sustained.
mises No IS Grand street. They never purchased
by me, they were conveyed to me, however by MT.
ss1 s paid NO for first X.
1885, Mr. Ashley told he had decided the premises to
me- subsequently conveyed the property INT Monnls
was the property conveyed" overrasd j conveyed the
property Ito my brother; it conveyed without the
about eighteen months.
Mr.. cS.sr now asked i his brother was in the city
in the fall of 1870. Mr.. STRONG objected.
Mr. Cnsr stated his object in asking the question was
to show that his brother not in the city at the time
y Of these premises sa was was e this
to be conveyance from the said brother Walter to Ro
The Court sustained the objection ON the ground that
it had not been shown that Ashley had any ,xien
with the transaction On the contrary the witness
titled that what he had done was without the knowledge
or consent Of Ashley.
Examination ressmsd.-- Recollcct receiving notice
informing me that a suit in Chancery had been COM
menced against me In relation to this Grand street pro-
perry did not employ lawyer that occasion !;
know Mr.. Wilson, the attorney may havo seen Mr..
request; did not employ Mr. Wilson; nc yer put in any
answer in that suit was requested by Mr. Ashley to do
sol the matter was talked at Mr.. Wilson's Office
put in don't recollect what he said have had several
conversations with him the subject at my shop he
wanted me to file an answer to the bill in Chancery
since the return of Ashley from Europe have not made
any conveyance of the property No ls Grand street
either at his any other persons request remembers
signing paper agreeing to hold said property in trust
The record of the deed from Henry Farbairn and wife
to Walter Fairbarn dated 26th November l840 convey
ing the property, Is Grand street, was now offered
MIR. CRsr said he proposed to show that Walter Fair
BARN was at that time at and Ashley in Europe and
that the conveyance made for the purpose Of pro-
tecting the property Of Ashley.
The record Of deed from Henry Forbairn and wife,
dated LIST April 1885, to Robert Duplex recorded oath
June, 1913 and release from Walter Fairbairn to Ro-
Mr.. MoRRs said, he had objection to the prosecu.
ton reading the conveyance from Henry Fairbarn in
1889 to Robert Duplex, Mr. Ashley being in the country
at that time but as he absent when the other deeds
were made, they were inadmissble
The CouRT sustained the objection, and the deeds
were withdrawn.
Mr.. MORRIS offered in evidence the deed from
Henry Fairbairn and wife, dated April ls 1885, convey
the property No. Is Grand street. Robert Duplex
The DIsrnicT ATTORNEY DISQUALIFICATION over
ruled.
Mr.. CRIsr remarked that there was one fact about
the deed which he hoped the Court would take notice
namely the fact that the deed recorded until the
Oath of june l843 and stated at the request Of Du
pick.
Mr. FAIRBAiRN rc-called.-Has seen Robert Duplex ;
the conveyance to him made at the request of Mr.
Ashley, who present at the time the deed
cuted; never delivered it to Duplex received consi
deraton for the conveyance never had any interest in
the property Is Grand street the declaration Of trust
also made at the request of Ashley the
deed after signing it was prepared by Mr.. Ashley
Cross-eramined--Held this property subject to the
control of Ashley to do with it as he pleased.
Court here adjourned, till tomorrow morning II
O'Clock.