New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-25
Law Courts.

SUrERIoR CoURr--Beiore Judge Vanderpool-.Josepk
+ L0reA and dHHG C. his Ufe Ddaid y GdssHu.-
Action by sister against brother Tor alleged written
libel The parties each young the lady being sb0u
years OF age and the brother apparently but year
two different They each possess large black eyes and
IN appearance are handsome looking Mr.. Gsssner is
clerk in the house OF Ralph Clark Co, dry goods
chants. Water Il ind said 10 be OF general good charsc
ter. Mr. Lowell IS q, New Orleans where he has been
Tor some years but his lady remains IN this city. having
been twice At New Orleans but the climate said not
agree with her health or that OF her child boy about
years of age.
The alleged libel consists anonymous letter said
10 have been sent to Mrs Matilda Barrett In McDougal
ST. an acquaintance OF Mrs. l.. IL is as follows
Mrs BarrsR Permit friend 10 you and your house.
10 inform you that you now haroOring prostitute
IN the person OF Mrs Ann c. Lowell iou know that her
husband Joseph r. Lowell has not written TO her At all
since he heard Of her cenous conduct and he writes
me that he has repudated her wife She has been
kept by young men tor some time past and psys them
for her support by being wife TO them. II she IS
boarding with you advise you 10 be your guard
against her and her paramour or your house will be
come a -. There Il dash in the original She
may not pay her board her paramount has been
ciaied with her long enough to be Oh and leave her
minus, and you too. FRIEND"
daughter OF Mrs Barrett testified 10 having received
the letter from the gir who the door who said
that the postman had left II opened H. and herself and
father read It siterward she carried It to Mrs l..
Mr. Gassner IN his answer 10 the declaration, did not
Justify but denied that he the author OF the letter
Frederick s VdRd0pod, gaiy dressed young man,
testified that he clerk In the mahogany establish.
ment p aud so Cherryst Is acquainted with the par
ties in regard TO Mrs Lowell say whether he Is
her guardian protector what furnishes her with
what money she wants. IN OF So 81 and - at a
time and 10 pay her rent high $50 does by
quest OF her husband whom witness wrote 20 asking su
tnoriy 10 that eject draw upon the husband in sums
Of $50 TO 100 sc TO meet Il - on friendly terms with
Mrs h. aud has been for four nye years scquaint
cd with the whole OF the Gassner family have been in
the habit OF calling upon Mrs L. az often as three times
"a week, and invariably spend Sunday afternoon in her
company In regard 10 the anonymous letter, was re-
quested by Mr.. Shaer OF the counsel in this
% ind out who wrote % got Mr.. Joseph + Atwi 20
accompany me, and we met Mr. Gassner on the 18th
sept last In Waferst near the store where he keeps
asked him Il he hsd written the letter he denied hsv
done .o-hnsy said he had sent H. and II true ne
MI. McKeon On the examination wished 10 show
that the character OF Mrs l. not such entitle
her TO the favorable consideration OF the Jury and would
show by this witness that her habits Of intimacy with
him had been such 10 justify the remark As no jus
uncaton had been set up, the questions opposed
by Mr. Snsier snd MA associate and allowed By the
Court The witness testified 10 having frequently rid
den out with Mrs l. For or months before sccost
ing Mr. Gassner had tspoken 10 him in consequence
of some Misunderstanding between them.
Joseph r Anoih swOm.-tMr Mckeon had asked the
Cour, that this witness should be requested 10 leave the
Court room while Mr.. Nsnderpoel tesuiylng, but
Judge V thought IL was unnecessary keeps music
store at POI Broadway acquainted with the parties
cOmpaned Mr. tanderpOO, and heard Mr.. g. say what
was stated in regard to the letter witness intro
duced ~ Mrs L. some time since OF Eighth st
and Broadway have visited her there and NJ other
places where she resided since and at her present resi-.
dence No. Widest where she keeps house. about
three times week my object In going 10 see her
matter OF qualification have a wife and four young
children never introduced Mrs l. to my vile and fam
ily orcsrricd them 10 see her On the witness being
asked II his wife of his visiting Mrs L. three
times week, he said there between
him and his wife have ridden out with Mrs L. in
pAny with others. The witness was asked BY Mr. Nc
II rad been With but
Court would not permit the question 10 be put
Mr. chsier had opened the case In which he stated
that Mr. G. had spoken against Mrs l.. from Jealousy
lest she should OBTAIN too much influence her pa
rents In regard to the disposition Of their property
The case Tor plaintiff here rested
motion Tor nonsuit was made by Mr.. Bernard OCOn
ner, one Of the counsel for defendant but denied Mr.
OC then opened for defence. He denied that Mr.. Gsss
ner ever wrote sent the letter stated that be had
done So and commended that the matter conspiracy
TO nJure him There 10 proof that be did IT, and II 10
not probable that he had taken the pains 10 be- go sc
creg as ~ get else 10 write Il that he would
have acknowledged having sent II and that too 70 man
Of al others In the world lMr " that he would not De
likely 10 do 50 to- Mr.. g. on being asked BY me attor
ney who had his IN hand but who Is now SICK II ne
should Justify replied being made aware Of what
that meant that be had no, written nor sent the e
ter and he did not wsh 70 say anything against his SIS
ter. But for that said, Mr.. OC, We shoud have been
able 10 show many facts ~ prove that the psinnf not
deserving coming IN she does 10 persecute her broth
err even If the jury believe the two witnesses Of dana
ges.
The parents Of the parties have resided for shout
years BLOOMING dale There large family Of them.
TO show that the idea VI influence In relation money
matters cannot be correct Il may be well 10 state that
he father owing to habits Of intempersnce has been
declared incompetent b manage his property and he
Ell 10 80 Il must BE-. Mr. and Mrs L. married or
10 years $50 be afterwsrd failed 10 business and
ina.ly vent b ew-Oreans His wife returned with i
Ter child and has made visit there for few months
nce. The close intimacy Of Mrs. l.. with Mr. Wander
)oel created attention and he forbidden the house
y various members VI the family sui be came
eAthAy round the house the mother requested the
defendant 10 - the matter Mrs refused % cease
lcr intimacy with Mr. " the defendant told her Il she
xould she could have home Il her fathers house
e would procure one for her elsewhere but without
feet They separated, Mrs. l. VOwing vengeance
gsinst him. Mr. OC. rnsde other remarks
Mr.. Ysnderpoei during his examination, stated bis
Fish 10 answer q1esnons-he stated that they would
et the worst Of IL
The case stands adjourned TO 10 o'clock this forenoon