The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-07

nation upon the curve in the tail of the "S's"
DR.. THOMAS, physician TO late Cen Van Ness. in his
tended on Gen Van Ness as his physician; DR. Harris
called In during his last sickness relsted
and Gen Van Ness during his last Illness in which Mr.
Smith mentioneda will" when the General seemed to
move himself and said he sihsr had attended e or
could attend to 1T not positive; that was on Thursday;
By YIN Mr. &c coIsWnes stated that q, that time. Gov
Van Ness and his lady, Miss Matilda, niece and
Their niece Miss White The mind Of the deceased du
brain, wandering and his remarks incoherent but
never either in his ncoherent coherent remarks dd
ever hear him say tnyth,ng about his having wife
and child his conversations and remarks were alto
gcther upon business AFFAIRS don't know whether I
heard myself whathsr repeated 1t to me-
that he had said when he seemed be aware that he
could not live have nothing to do; never
heard him mention any thing OF deceased wife and
By Mr. BRKrr.--Yes sir, was there on the Saturday
that he died; did not see this lady Che planti hsrs
that day but heard that she had there in q car
Iisge
q. C. GRAMMAR. President of the (washiugton Cny)
Patriotic Bank, sworn-I was acquainted with the late
Gen. Van Ness for many years. think have had OF.
porunities for forming an opinion Of his handwriting;
PLAINTIFFS record letters exhibited to witness for IN
spection in deta thought they limitations of the
Generals handwriting.
tention called to the genuine Van Ness paper sig
nature thereunto appended, which Mr.. Carberry had
Mr. Carberry here stepped forward and observed that
that letter dated years death Of Mrs
Van Ness, it could not have been written by her
With brief crossexamination upon some PECULIAR.
ties in the plaintiffs letters, less corresponding
charged
NicHoLAs CARLAs, sworn-I was well acquainted
with the late General Van Ness particularly for the last
two years during which was agent for the colec
during his last illness but did not see him after the Ge
neral's death, on the 23d of May, gentleman called on
me and represented that he irisnd of hers-that
was Col John sherburne, Of the city of Pilads
then emit there to dstran for the rent by request
General Van Ness 1 went with constable at one
time Mr. sherbman handed me sealed letter. which he
said from vicePresident Dallas deliver to Gov
Van Ness the LIST Of July after the officers had levied
the distIain, walked did not feel WE'LL walked out
for about twenty minutes; returned and found Col
sherburne in Mrs Connsrs back psrOr and he showed
me the Orphans Court" letters.
MIR. BsrNr Was Mrs. Conner present
WrrrEss-Not that recollect.
no use Of going into collateral matters liter
Mr. BsAp p. pleaded the admssibity Of this tssti
Of hOSns H.
Philadelphia in May last in behalf Conner in her
search for proofs of her declared marriage the late
Gen Van Ness; read, also, from the plaintiffs petition
TO- show the sgency of Col sherbune the relation
which ne stood to The plaintiff and argued therefom the
congregations he may have had upon the subject with
Nh MAY contested the point.
MR. COxE replied.
| Ma BRENr put in surrejoinder.
| 4
having Mrs Corners papers in his possession was evil
dence OF his agency in her behalf -5 -
Mr. BRADLEY read the contract lease between Mrs
Conner end Gen. Van Mess in regard to The rent of her
mouse % Mr. Cailsn having gone with that contract.
rent being BY Mrs Conner unSsr her ows
signature as late as January, l846. Mr. Bradley argued
that it was to rebut this contract that Col sherburns
hibied the letter purporting to be from Gen. Meas
and that therefore the testimony respecting
between the witness and Col Shsrburne a. in evidence
he had called the LIST Of July last to collect the TENT
Of Mrs Conner she said the property was hers that
rent asked for deed some evidence Of what she
stated; but she produced me none. She denied ever
showed the constable the written contract he went on
ieyyinE the property
married TO Gen. Van Ness III = 7'---I
by the CoyRr-Col sherburne said he had shown the
lot given to the widow by the General which Is
as ioilsws-
wAsHISsroS, February, 1896.
DEAR MARY tried yesterday to get your house,
but could not make out owing to particular business
when Mr. Wroe was as work at Your house YOU should
have told him clean sewer send your bow for
s thing WIZ DO wsu ssns
me about your signing the psper7 You know II can't or
sake q. p ysar
self-common sense tells you. wish II for appearance
sake gave you that house and lots and other property
now nearly three years since and you know you viii
have handsoms fortune from my estate. Now, don't
With much regard, your afectonate husband,
JOHN r. VAN NESS.
Col Sher urne said he had shown this letter to seve
raj persons, and that they had pronounced il genuine
but to be met in the face by this dstrsn he thought
there was something very Curious about IL.
The controversy between the opposing counsel was
here renewed, and at four o'clock the Jury were dis
missed and the court adjourned till tomorrow. at ten
Crscurr Covsr. Dec. 8. lsAs.
Mr.. Bradley for the defebce, this morning occupied
ashor time by showing the letters Of the Orphans Court
and ten genuine notes of the Bank Of the Metropolis %
the jury. He said that two signatures Of Jshn p
Van Ness TO the notes fit in length height &C ak of
the signatures Of the letters exactly
the writing not like any that had been dscov
Mr. j. c MAGuIRE was about to be called for the de-
| fence when f10 asaE
Mr.. MAY objected, on the ground that Mr.. Maguir
had becn in court repeatedly during the trial. and that
although the counsel had said they did ntont to ex
anime him, they produced him to do
Mr. CARLISLE remarked, that the fact Of Mr. Mcguire
having been in court made but little difference, the
testimony given by Witnesses had been published in the
| newspapers.
Messfs BRADLEY and Bsrrr made a few remarks,
| when t
The CorKr, for reasons stated, decided that Mr. Ma
| guire should not testify. fh4
In consequences Of the sickness Of ofths jurors the
| Court adjourned till Monday next.
DISSOLUTION. az H
THE coparnerhip heretofore exsag upder the firm Of
and ved hvs