The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-23

Sssa here 70 sss her counsel and eek svidsns. IA
her by kecasni in the street then on her way
to see Colonel Lee, aud found she In fault as
CARDS obtaining certain evidences and reward subse:
qusn ly offered ly her convinced she could not
tain he action While here Colonel Lee received se-
vera letters from Washington these letters
saw shown TO me by Colonel Lee, and from the style
and xecuton thought could detect the same hand.
wrting as Governor showed me in Washington, as
9% a Ss s no OF aRse Of ii,
friend Mrs. C.
mot close without expressing my deep regret at
suit My coming to Washington with Colonel Lee ct
time tue city crowded, and finding nay old ding
house Mrs Arguelles' already full went with Colonel
Lee % Mrs Corners but read the letters
in gu eson until asked by Colonel Lee in Washington
mere y to count thsm and note their number. read
but three Of them which placed on file In court
and incerely believed them, as do now to be genuine
The language used by Governor v. to Mr.. Solomon
while in Washington in my absence, unchristian
and uncslled for, which the Governor will conf
dent in time regret at least know his disposition for
J. who have rendered pecuuisry vors to the Van Ness
fsmil (the letters acknowledging the favors now in my
quartz OF century between Governor " and myself
and family, would be the last person to wish 10 inure
T member OF that family either BY word or deed and
time will convince him TO the contrary.
Poor Mrs s. is now in private hospital, and is
daily failing. She is obliged to be fed with spoon, not
having the power to limb and my eldest daugh
ter is now confined to her bed dangerously i'll For two
years have had calls from the physicians almost daily
mily.
soon IS can be spared from sick family and hoping
wSat have stated will for the present be kept conaden
Dear Sir. in haste,
SS soas VIZ Il, s ssEapunsr.
RICHARD SIXTH Esq, Washington City, DC
Mr. JOSIAH DIcxsoE, merchant tailor) sworn.-I
have known Alderman Brazer for about thirteen years;
sson with Mr. Brszer last conversation he
that he could identity him; he didn't mention Col
shsrbnrnes name ("walk ight-]
Mr. BRsrI-Did not he say that Gov. Van Ness would
man :
Mr.. BRADLEY objected
Mr. BsENr modified the question Witness replied that
Gov Van Ness would repay his extra expenses, and
was made use of-think he said the Governor would
make him present lin the continuation OF the
alton Of this witness il would appear that il wa. but an
that in the event OF identifying the offering the
bnbe Gov Van Ness would give him q present or
handsome present He was more assured TO the Al
dsrman saying the Governor would pay all extra expen-
Alderman Bn. .,rn desire to sa,e single fact to the
court and was as right 70 which he entitled al
lowed to do He said ii rumored in Philadelphia
sherburne now he would not swear 10 the IDENTITY Of
any man without the that it to the best
OF his knowledge and belief he had testified tho iden-
,y Of Col sberburne the best of his knowledge and
belief and no further.
sides closed snd that the were ready to hear
the arguments which the respective counsel had to
Capt EASILY of the jury presented for inspection two
letters he had just received from and called
the sel ton Of the counsel and the jury TO the stamps
they weres very pecuiar did appear to him that in all
this trial was impossible to procure decent post Office
stamp.
1.-THE jury here retired few momentsl
PLEADING.
There was then some conversation between the op.
posing counsel as to their respective statements Of the
testimony, and the OF arguments therein and
submission Of statement from each party the Court
for It's confederation And understood that the
pleading before the court and the jury should In the
meanlme be commenced, with an opening from
MIR May N behalf Of the plaintiff
the sdmissbily Of the circumstanta evidence of the
Plaintiff IN, to prove walk light positively a mar.
this cause
Mr. Bassr said he had thought that there was to be
fair jury tight and law argument in advance upon
captions, from either side.
Mr. BsADLrr rejonsd tina. the defence after consua-
uon nad altered their minds and that they prayed
the Courts to instruct the jury that if they believed the
whole evidence on the part of the petitioner 10 be true,
ystnst there not evidence sufficient authorize the
conclusion that the petitioner in this cause and the late
1onn an Ness were married according 10 law,
OF WIN ne sanction OF the law but that therefore the
claim tt the petitioner is unfounded and insufficient
MI. BhAnLEr proceeded to argue this important
question not ony o sb hn sr msT ~ was
tract but the whole community and even after-gener.
uon,. marriage to be marriage, must be made
corning to the laws of the place where is made In
this case was not pretended that the parties
tract We're married according the forms of the place
they resided but that they had gone cut Of the
place to foreign ursdction He contendsd that in this
case had not been shown that the marriage had taken
place ccordng to the statutes of that foreign ursdc
ncn aud conceding that the statutes had grown into dis
use and that subsequent cohabiaon and repute
lawful marriage. even that had been shown have
been the case in this instance But even this (1r B.
went on to show citing Bnney) the words of present
consent Of both parties needed He cited the Ian
fuage Of case In Binney, In which couple had lived
Tor many years together in cohabitation and repue
a. lsnence j man and wife, who coming before
lawyer to execute deed, advised previouly TO
30 and have the marriage ceremony performed to rem
der the deed valid In law. They did SOL and the woman,
N her response TO the officiating parsonage replied To
be sure you are my husband good enough Even this
was held to be insufficient to the validity Of the
rage Mr. Bradley further on, in the progress Of his
argument said that the question here presented to the
separate from each other and not in the of
another, was to constitute marriage They had return
ed, we will assume from Philadelphia and had uepa-
ratey said they married. and the OF Pennsyl
wanna, loose a. they were did not recognize marriage
on such slender grounds Mr.. Il. said the testimony Of
the aldermen from Philadelphia respecting the very
tensve privilege Of celebrating matrimony Psnnsyl
vsna was not sufficient evidence these witnesses hav-
Ing expressly admitted their ignorance OF the law. Mr.
quoted from various authorities shoyhat there
no svidencc to 70 10 this jury show that there are any
iegh grounds for the inference OF marriage between
the parties In this instance There no person to be
found who performed the marriage-thcre was no cert
marriage and both the parties in this alleged mar
mage we're experienced in the ways OF the world and
not 70 Do caught by gull traps in matter of such
consequence a. q marriage, SC.
THE jury were discharged for the day. when your
reporter also retired leaving Mr. Bradley at O'Clock
Suh occupied In the prosecution Of his srgmentl