New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-07-10
Importanf Case.


,vboro are Mr. Webster and Mr. Choste, invest tie
nroeeeding. with more than ordinary interest
Northampton is fall Of persons whom curiosity t.
witness the great intellectual display promised
from the reputation OF the distinguished advocates
has attracted thither.
The case. in brief is this One Oliver smith
bachelor the son Of farmer. with but small on
ginal means lived in neighborIng town 70 'he
age Of 50. Always saving and economical ana
loving money. be became in later life shre"d ana
expert in the management Of large sums aho
from dealing in country bonds and mortgages '1'n
ca his attention 10 operations IN stocks. he was
succe,,f.l. and amassed fortune Of 100000. Ia
1914 he made bis will, and gave the bulk oil BIS
property to various charities. He died III Deem
Der, ~.
The will is contested on one single gro1nd-viz
that THEoPHnUs PARsoSs PHELPS, one OF the
witnesses. was not competent witness to the
will being. as was alleged at the time an insane
person.
OR correspondent at NorthamPton-to whom " e
are indebted for the foregoing PsrticUlars-says II
devolved on the Counsel who seek to MAINTAIN the
will fof which Mr. w ebster is the senior Counsel
asa matter Of course TO give the primary proof oil
the execution Of the will and to call for such pur
pose the three subscribing witnesses, ELL being
living. and in the country
The first person called was CHARLES PHLLIs,
the father. a gentleman Of about 90 years one oil
the witnesses to the will. He answered the usual
questions about signature, sc was not cross eA'
amined, and withdrew.
The next person called was Charles T. Phelps,
his SON another Of the three witnesses 70 the VIII
he answered the common questions. and was ihen
cross examined for four hours relative to the state
Of mind Of his brother, THEOPHIus PARSONS
PHELPS. the alleged insane witness. His examln-
alton being through, THEoPHrrUs himself was
called-ashy silent, down-Iooking young man. He
answered the ordinary questions, properly
Here" our correspondent writes u.s. II was
thought bis examination by the Counsel callisg nm
would cease. and he would be given up to the hire
Of cross examination according to the usual prac-
tice. Bot Mr.. Webster thought otherwise Inc
other side had so far opened their case as TO snow
that they relied upon proving the insanity oil THIS
WITHSTAND Mr w ebster seemed 10 think II
fine opportunity to turn their flank, By meeting
their case at once. and examining The witness him.
self on that rery point. This was somewhat OF
surprise to the opposite psrty-but the occasion
seemed to demand it. aud Mr.. Webster had no Tear
TO meet it,
The Judge decided that he had right to 60 on
and examine his witness at large
1t was delicate undertaking. The viii had
been attested by him in July, "a. 1t was clear IN
evidence that 10 August, 43, he was out OF bis
right mind and had been to the Hospital. Vas 1t
safe 10 take his opn account of the various states
Of his own mind the other side contendng that
his insanity Of lsI3 continued 10 the present mo-
ment Against what seemed the general opn-
ION, says Our correspondent, Mr. Webster rest
ing probably much upon the opinion Of the father,
ventured to examine Theophius upon this delicate
subject himself aud he has been on the stand three
hours the letter is dated July c. P. NJ and has
so gone through the examination that this will be
remarkable case. He said that he was of sound
mind. though not good bodily health, being much
troubled with headache and dyspepsia--thathe had
been thus more or less sick since lsi0-that IA lsi3
an accident of his father brought on an excitement
which caused delirium and loss OF sanity-that he
knew it then, but could not control it-that he
threw himself into the river in August, '42-he can
hardly tell why but got out again OF his own ac-
cord-that this delusion insanity lasted TIL the
Winter of a. when It went ofi-thatin March a.
he wrote little treatise, A History OF the Five
Books Of Moses which was published by the Tract
Socier-that when he attested the Will he was
perfectly free from deluson, insanity. &c.
lis rather new case we believe ia legal prac-
tce, to bring man to testify to his own sanity
when it is mpeached. We see no objection, how
ever, to such proceeding; and we should think
the mere fact Of mans being able to recollect and
testify to his former insanity is proof of his recoy
cry thereirom
Our correspondent farther informs MS that the
witness went through the examination nobly and
in the crossexamination was still more successful
mo shrewdness could entrap him. or bring him
into Inconsistency nothing could make him ashamed
to tell the whole truth about himself although some
things must have been exceedingly painful nor
could any multitude of questions or ingenuity Of
interrogation coniute him. He saw everything as
clear as light and answered accordingly. His
examination closed at sunset and the Court
adjourned
The young man is grandson of Chief Justice
Parsons
Mr. Choate who leading Counsel for the party
that would set aside the will will display his usu-
al eloquence and ability. He is full Of intellect
aud activity knowledge and tact and has won
drous power over jury-but from the triumphant
escape Of the witness whose legal ability TO attest
the will he would have overihrown. from his hands
we are inclined to think he will be unable TO OBJ
tain a verdict for his clients.
On w Wednesday last, the counsel for setting aside
the will, were to endesvor to prove the insanity Of
witness by the Doctors. These learned gentlemen
have Of late years proved so many persons insane
that /. is to be feared If as much credit be allowed
hereaft TO their opinions in short time they vii
make out the world one Insane Asylum. Of which
they will consider themselves solely qualified TO be
Keepers In most cases, We are disposed to be
/ leve, our insanity is their monomsnia.
We hope to hear farther from our correspondent
in relation to this we believe 1t IS destined
to evolve one or two new principles in the legal anr
medical science.
CF1 The Independent Democrat, published
In Concord New Hampshire has contained excel