The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-30
Law Intelligence.

CIRCUIT CorRr, April 29.-beiors Judge Eumonos-
sumed this morning. Ensas P. Clarke was recalled
and his cross-examnation proceeded with
D,d any OF your family 20 up with the remains OF
A. do not know; was not in the country at the
time when Babcock presented the draft I asked him
his own reasons think made some remark In low
voice at the time to Mr. Gassner, about the genuine
ness OF the draft The witness underwent a severe
cross-examuation but the remainder Of his testimony
Of no Importance.
merchant residing in the city Of New York knew
Sidney Smith intimately for ten eleven years. IL
Of strict intimacy with him there was not the slightest
alteration in our intimacy to his death him the
Sunday before his death and the day after had in
terview Of about three hours with him tho day before
he died he thought ut that time that he had long
to live; witness asked him If he had anything to say
about his affairs he said no, that everything
ranged to his satisfaction the of the inter-
view he made aluson to the draft in question,
any time before or after.
By the CoURr-ln any Of these conversations, did he
mention to you what he worth!
A.-No. Witness has no interest in this prosecution
further than to acqut himself honorably Of the
reposed in him; the interview had with him on Mon
day lasted about three hours has correspondent with
Smith while he was abroad; him write an indnty
Of times; was well acquainted with his handwriting
saw the draft now produced on the day 1t present
ed; never heard Of 1t before am confident 1t il
not the handwriting Of Sidney Smith; had
doubt on the subject
Cross-eramined by srrscz.-Q.-state what was the
commencement Of the interview in regard to business
matters.
AFTER the usual compliments, | said to him that
life uncertain, and then asked him II he had settled
his affairs, that he had written to he had made
me one OF his executors and that had to the city
to him He replied that he had his affairs settled to
his satisfaction. The remainder OF the witnesses
examination was Of no interest.
| EDWARD L. BEADELL, examined is physician; at
tended MIR. Smith during his last illness; with him
when he died; his voice feeble but he disposed
to converse; he continued to talk until the time Of
| his death.
DANIEL D. GAssSER examined-Is bookkeeper OF the
nrm OF Clark Worth Co; has been there nine or ten
years; knew Sidney Smith in his life time; him
write frequently considers impossible that he wrote
that draft.
Doctor swErE here called and examined by Mr.
O'CoN oR-ls practising physician residing in this
city; knew Sidney Smith; him during his ILL
ness; thinks it the 18th July, 1874; in his
company for about half hour; his voice was feeble
but he did not seem to have any difficulty in speaking
he spoke freely.
DAsrEL D. GA,ssER, re-called-Witness remembers
sending to MIR. smith, while in Europe, his account
rent to tho first Of January s4 after he arrived here
in July he acknowledged having received it; he also
Of the examination related to the settlement Of Mr.
Smiths accounts with the firm Of Clark & Co.
Mr. O'CoNoR read another letter written by Mr..
Smith to Mr.. Clark from Rome, in which he says.
received yesterday the New York Heralds you sent
and need hardly say they were most welcome "
| Cross-erdmined by SPrNcER.Mr. Spencer proceeded
TO examine the witness In order to test tho accuracy
his reasons for believing the draft to be forgery, anC
produced letter written by Mr. Smith, and was exam
lining him as to whether Smith wrote the body Of thu
letter and the superscrption the witness stated tina
the superscrption in that Of he:wtness Mr. O'Cono
objected to the mode Of examination, after which
long discussion took place between counsel on bot
sides, which occupied the court until the hour Of ad
journment.
-CouRr CALrspAn-This Day Common Pleas--5e, 6,
81, 80, SO, 81, g. SO, ~, 40, Q, l3
CouRr OF COMMON PLEAs-April 29-Before Judg
Ulshoeher-Chas Bockeriinser rs. Mons. Yideiio ct
This cause was summed up this morning, after whic
the jury retired and in few minutes returned with
verdict in favor Of the plaintiff for 1886 So
Henry III. Chaiis rs Frederick Affair ct ai-Thi
an action for assault and battery. The plaintiff
colored man, and the defendant keeps grocery stor
at the Of Church and Anthony streets the othe
defendant IL his clerk 1t appeared the store is mucl
frequented by colored people Of both About iv
O'Clock the morning Of first Of Nov last the plaintiff
at the defendants grocery store and it il aleget
refused notwithstanding he repeatedly called
do to leave 1t the barkeeper then proceeded to put
him out by force and ensued; the defendant who
In his bedroom informed that there trouble
below stairs down and found his clerk in the griJ
Of the plaintiff and attempted to cxtrcate him. but
unable upon which he took up ruler and struck plain
tiff the head and continued to strike him until he LEI
go his hold The defendant put in plea Of jusHca alton
and his counsel insisted that under the peculiar crcum
stances Of the case he was justified in what he did -
There great deal Of conflicting testimony. The
| case Is adjourned