The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-02-25
Law Intslllgence.

Law Intelligence.
SurERIoR CouHr, Feb 24-Beore Judge Vanderpoel
-Josph F Lowell and anna C., ms wife vs. Daniel D.
Interssting Libel Case --One Of the most *
citing libel which has been tried for years in the
courts OF this city was commenced yesterday in the
second branch Of the Superior Court before Judge
derpoei Mrs Lowell one Of the plaintiffs is the daugh.
wealthy citizens of Bloomipgdale In the year 1888 or
1889, she mdrris ed her present husband Shortly
nate business Vent to New orssn. uo,0r ii.
wife with him, and opened a commission Eouse
in that city Upon their arrival in New Orleans or very
soon AFTER Mrs. Lowell was taken sick and continued
30 for some time until II ultimately found that her
consultation was not adapted TO the climate and her med
zeal attendants advised her husband to send back to
her native air. Mr. Lowell with proper regard for tbs
safety of his wiieS life however reluctant 10 part from
her society yielded to the advice of the physicians and
sent her home to her father aud mother with whom She
continued to reside for some time Afterwards Suhss.
quently to his establishing himself in New Orleans abut
whether before or after his wiie return did not
he was appointed there by the house of Vanderpoel
sonsn this sity collect their debts and send their con
sgnments up the Mississippi river In sending them back
their returns he occasionally RENTED sums of money TO
his wife, which we're handed to her by Mr. Frederick
Vanderpoc who was examined a witness on the trial
end who, according to hi own statement, clerk in
this house, receiving $500 year az salary In the
veil that he would let Mrs Lowell have any money She
wanted and would afterwards draw him (LovslD for
such advance Mr. Lowell acquiescsd and iu this way
MT Vanderpoeliand Mrs Lowell became quainted In
some time after her family became dissst fed on &C.
count OF her intimacy with Vsnderpos and remonsra.
suit against MIR. Daniel D. Gsssner, her brother.
Mrs. Lowell wns in Court, and sat with her counsel
Messrs schafer and Cochrans, and is very interesting
and pretty woman The defendant was also,in Court.
and took his seat with his COUNSEL Messrs MKeon and
~ cG1or me court room was denssy crowded With
TN case in a brief speech to the jury.
FnAccrs MArILDA BAaaxrr was the arst witness
iows:-Witness resides at No 8 McDougail street: il
daughter to Mrs Matilda Bsrrs her mother resided in
produced received BY her mother o. the Ssh j%lv
sst witness took It from the servant girl; the latter
took from the posman witnes: then opened and read
H. and handed 10 father; he read and handed il back to
witness and wtne" then took Mrs Loveli witness
heard the bell ring and the servant 90 to the door
stairs when she received the letter. the servant grs
name was Margaret; she left us last fall
0oHow DO you know from whom she received this
A-The girl said she received It from tho postman.
District Attorney object. to what the girl told her
the time, at Mrs yelxers my mother directed me to
open tn: letter do not knew what time put my mi.
tisl on the letter thnks might b, about two weeks
after did it at Mr. Lovsils request /; knows Mira
Lowell for I'VE years thinks witness made AFFIDAVIT
IN this case before she went with Mrs Lowell to Mr.
schafers ONCE the hrst intmaton that witness had
that she was to make affidavit, was the morning she
| to PalmO's.
| DlsrRIcr ArronrEr-Is no now in COURT
WIrNEN-Yes sir.
p Al wish you to point him OUT that gentleman
will figure in Court before this cause is over
JuDeE-Whsre is ho7 He is a namesake Of mine, al.
though never had the pleasure of seeing him "a laugh
Witness pointed vanderpoe out.
WIrrIs,INr. schafsr, Mr.. vanderpoel myself, Mrs
Lowell. and Frankly, were in the carriage; we neither
dned breakfsssd at Palmos does not remember what
time they Got there they parted did not separate while
we were there often saw Mr. yanderpoel at Mrs Lo-
veils fathers house, and at wnesss fathers house;
Mr.. Vandsrpoel
knows the parties to this suit Mr. Lowell is in New Or.
eans thinks he has been there six or years
nc commission merchant, and is agent for witnesses
CoussEL-In what relation do you stand to him and
hi; w wife, ,o.,
protectors advance her what money she WAITS for the
support Of herself and child and draw on him for IL this
add. however that made the offer myself and il was
accepted by HIM; the offer made by letter THE
letter containing tho libel shown 10 witness have
seen that letter before and had an interview with the
defendant on the l4th September last in company with
Joseph Atwsll sthe Defendants store, the subject
OF IL witness asked Why he continued slandcring
MIS- Lovs he replied 10 witness, you may 20 to hell
have got nothing to ray you;" witness had the letter
m his hand, and handed TO defendant and asked him
he wrote III he took II and looked at it, and sunpose
read i, for he held it long enough; no said it was
no. ms handwriting, and handed il back witness then
asked him If he caused to be- sent to Mrs Barrett he
replied that he did send it, and added that tho contents
were true and by G. he could prove it; and made
OF very gross aud OPP; obious language in reference to
Mrs Lowell and that he determined she sho I'D not
1--we in New York, Notwithstanding all her could do
TO the contrary; witness replied tna long
hnsd himself to circulating verbal ports of her no no
tee was taken of IT. but as he commenced writing ans
letters about her, her husband ould give him
chance TO prove it, he answered hat he might .ue and
be id; that he (defendaRD wouIi like no better fun;
witness was first spoken to about the letter the ght OF
the day II was received Mrs. Lowell and Mr. Scbafer
in the month OF August afterwards spoke to witness
witness called at schafers Office twice. first time he
went there about hve O'Clock in the evening" the
time was about seven o'cock the first must have been
the Gay she received the letter. afterwards com
municated with her husband the subject but not up.
to do it,
Crosr,ramined by the DrsrNrcr A1ronrrY
Odd you write 10 Loyel1
Al did. sir, and received a letter from him; don't
Know whether have the letter received from him or
not wrote to him in August about it, and requested
him to come on here, the matter was 30 serious
Q-Is not Lowell clerk to your brother in New
Orlesnsf
A-No SIRE
JuDer-YOu must'not speak in that tone
WIrNEs'-Ihe question is SO absurd, hr, cannot
JrDor-You not to characterize the counseps ques
ton SO.
W.-well. will not. sir
GLOW old are You, sirl
WI am twenty five, sir.
Counsel for plaintiff objected.
DISTRICT ATTonrrr-This witness is the of all
Lowell
DrsrRcr Arronrrr-what is your interest in tho mi,
hogany business here1
WI am clerk
Q-What is your salary
WI won't answer YOU SIR
DISTRICT ArroRrgY-I insist on answer.
CoURr-You must answer.
W.-WeH have 5000 year | drew several drafts
on Mr.. Lowell all of which he paid DOM rscoect
how many the last draft him was only few DAYS
IL
does not Keep any memorandum OF them heard that
Mr. Lowell failed in 1885 has known Mrs Lowell Eve or
six years was at the Fusilier ball with her
Counsel for plaintiff objects
Dnr. ATroRrEr-I want to show that such was the
intimacy between Vsnderpoe and Mrs Lowell that he
would not 20 with her himself but procured another
person TO 90 with her. ' show that he is the paia
mour Of this woman and that he stands in the same re.
lstion TO her that her husband docs
Counr-The defendant cannot proceed Ia this way You
cannot 20 into this evidence under tho plea of the gepsr
al issue but you may show that the mind the witness
may be BIASED in favor Of the plaintiff but will not
permit you to give evidence Of any crminsy between
plaintiff and witne" You may ask that question: how
ever.
Dsrnior ArTosrsv.--Did you 10 to the Fuslier
ball
Il went with Mrs. Lowell, Miss Cassner, and Mr.
Draper; know Mr. Geo. King; | never asked him TO
take her to that or any other BALL assigned as
reason that ihero much talk about Mrs Lowell
and witness that h, did not wish TO take her there him
self paid aer the amount OF the drafts in So 50 and $40
az she wunted III keeps andum Of the drafts.
account OF tbs he paid hers sometimes paid
her IN presence OF Mr. schaier; the last ply mont was
made short time ago in presence Of Mr. Atwell sha
now lives at No White street, witness il security for