The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-02-26

To rnr MsABsns OF rnr Nnw Ye,x S4a--Thoss Of
the meeting portion Of ts members on the aoth day
of February and who are inclined to reconsider the
renort of the committee Mr. Jordan's resolutions,
sted 10 meet In the Assistant Adermens room,
Saturday next (27th.) at ~ o'clock The younger men,
bers of the bar are particularly requested to attend By
order Of the committee
SUPERIOR CoUar, Feb. IS Before Judge Vanderpoel.
Joseph r. LopeH and Anna c. his igte, vs. Daniel d.
| (assner-Libel Case-second Day.-The cause was re-
sumed this morning and tho evidence Tor the defence
GO c. KING, examined for the defence by the Dis
trct Attorney -Knows vsndsrpesi ten years. and Mrs
did Vanderpoei ask you go with Mrs Lowell to
the Fusilier - bail and o,,sc,;on overrulsd
Dnracr ArroRsry.-stste what took place between
you and vanaerpoel about the Fusilier ball.
| A. He called on witness and asked MN II ne was 60
ing TO The Fusler ball; witness said he had procured
tickets for it; Vsnderpoel than said he had favor
dressing room to the ball room; and added that there
was good deal of speculation and gossip abroad about
sna his female Scausntances in Of
and did wish to take her in himself ana tnat aer
wards he would dispose OF her or ,ne ossncs 9. me
| fret ball given by the Fusiliers
| Cross ersmined-The conversation look place al 294
Front street. in witness's store.
! ON what part OF your store was 1T
At was in the 'front.' the door; there were only
eaue s The subject thinks was in the forenoon
the occurred; Vandsrpoel has stopped and
alaed with witness several times within two years at
| WITNESSES store.
You have referred to a firm Of which you were
| partner. what nrm was that
Alt was the frm of Holt Co. The first person to
whom Mentioned the conversation between vanderpoel
and myself Mr.. VIM. Norton mentioned 1t within
Q-Do you say sir that you did, at ANY Fuser ball
| introduce Mrs Lowell into the ball room
Al do, most decidedly.
mother of the plaintiff and defendant in this suit thinks Il
eight nine years ago last August since Mrs Lowell
was married to her present husband; Mr. Lowell has
been absent from his wife since the LIST day oil june
1884, dhss resided separate and apart rsm her ever
Vsnderpoel first introduced to witnesses house
four years 20 this month"; Vanderpoel did not know Lo-
veil personally at the time he became acquainted with
Q-After the acquaintance between Vanderpoel and
Mrs Lowell did you remark anything particular in the
Question objected to by plaintiff = counsel
DISTRICT ArToRNEY-I offer to prove by the Witness
that there was such degree Of intimacy between Van.
derpoe Atwill and the plaintiff, that will show to the
jury that credit is due to their testimony.
Counr.I will adhere to the doctrine have already
suits tried The defendant libel must either
deny the publication of the libel or he must justify and
fhe usaes he must place it on the records Of the court
in order to give the adverse party notice Of the charge
he intends to make against him her. that they may be
to meet such charges Here the party has not
justified but satisfied himself with fling the plea Of the
general issue Now the question is can the defendant
here in indirect way, justify by making general
charges against the plaintiff and her Witnesses in order
to induce the jury to guess that thero was criminal
intimacy between them this the Court will not permit,
and the question Is therefore overruled.
Odd you forbid Vanderpoel your house
QAre you the acting trustee of the estate of your
husbandl
Ayes, sir, for Eve years last May.
Commemorative letters produced; witness proves
Mrs Lowell calling on her to withdraw the present suit
against her brother; this letter signed by all Mrs.
| Lovels brothers and sisters
Q. by plaintiffs CoUNsEL-Did you use parental
letter?
A.-No sir, did not, merely told her she ought to do
IT, because il would be good for both her brother and
sister.
The other letter was written by Mrs Lowell in her
mothers and with her CONSENT requesting Van
derpool to renew his acquaintance with Mrs Gassners
family.
| Odd you send word to Vanderpoel while Mrs
Lowell boarding at Mrs Cammiers. TO call and see
A-No, sir did not, neither did ever say. that if
Vanderpoel would pay $50 for Mrs Lovel's board,
that he might come and visit at my house when ne
pleased, nor did ever tell Mrs Smmonds that knew
nothing about MIR. Vandsrpoe except whatl was told
| by Daniel
ausnce Of what Daniel had told you, that you forbid
Vanderpoel to come to your house
Direct examination resumed-Q-Did not your son
Daniel request Sarah should be left to her free
will as to signing the letter above referred tot
Ale did repeatedly desire that she should not be
a-Do you know that Sarah herself requested per
Al do mott she did not at first to understand it,
she thought it something against her sister but
when explained it to her and told her 1t was for the
Q.-Your attention was called to letter signed by
you and addressed to Mr.. Vanderpoel Is that letter
yoursl =.
Ayes, sir {: it was written under the influence Of
Mrs Lowell she got into ny ts;would eat nothing,
and prevented the other children from doing anything
hid them because prevented vanderpoel from coming
to the house, and was obliged to yield to her j..
Q-Da you forbid him. after that letter was written to
Al did in the latter part of September lsa5 but he
there q h ON n,ru a.@
Odd you ever hear your daughter tMrs Lovely
of any threats against defendant before the
commencement Of this suit 7
Objected to. Objection overruled.
| Ayes sir. ,
Q-When and where, and what were those threats 2
Alt the 2lst OF june on the occasion o.
breaking the lamp when John ordered Vandsrpoel from
the house; Mrs Lowell left the house Afterwards On tne
2sd, and said. going, she would make Daniel know
what law was for he the cause OF all this; ana tns
she would make him pay dear for what he had done
Witness in continuation said that she went to Boston
| and Daniel the defendant went to Jamaica; and wit
ness fearing that vanderpoel would come there, as he
was no ways bashful both herself and Dan left wore
with John to attend to At, and Vanderpoel should come
there, to warn him of.
Add GU request the youngest Of your daugh
ters Sarah not to 20 out with Mrs Lowell TO meot Van
A-Yes, sir, I did
tiff's attorney, the other day. on this subject
Objected to, and objection overruled.
Cross-sraminafion resumed -Q-Was the language
used by Mrs Lowell after Daniel used insulting Language
| to herr
A-No, sir, deny that; there was some language
passed betw them witnesses bedroom, In q momen
| Of excitement
Q-Do you know, Madame, that Daniel offered her
homer
scHArrER-stop, stop, woman; object to that
Great sensation
CoURr-Order, order, sir,
Question overruled, and excepted to-
Mrs Lovells affidavit to hold defendant to bail, wal
here put in and read.
The DISTRICT ATTORNEY then offered to show by Mrs
Gassner that the statements in the affidavit wholly
false
This CouRr overruled the Offer
WIN II. NEvB examined by O'CoSoR-Is employed a
No l2s Pearl street, knows defendant; his place
OF business; is a jobbiDg store; Mr.. Gassner, the
defendant in this case, is bookkeeper in the store
witness is clerk here about two years and half wit
frequently went to dinner with the defendant per
hafs every day since the first Of August last until with
in the last month, with two exceptions; they &c
morally went to dinner about hslfpast and returned
about thirty to forty minutes afterwards; his return
the defendant Immediately commences making up his
bank accounts thinks the l4th Of September last was
busy day with him; can ascertain whether II was o.
not by looking at the books The witness here examin