The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-15

1TtQu6nt H
month; tat at the same table and Was very much
with her; when she had no company she aud I were
much together and intimate; no intimacy that ! was
If, aid Of excepting what she told me OF; did not
f. ell degraded by being intimate with her; always
liked and respected her all the time lived with herr
never knew Of his being irolcksome with others; my
respect and hiking abated while lived with her;
think when in the house he In the habit of wan
tonnes; could ray how old he was; think about
90 think he said before he went away he should be
glad when be a free man which would be the next
year; don't know what he came here for;
believe they called him cousin Horatio; when
Hastings put his arms around her neck was
there clearing of the table three four feet of
the said sbe k ed him for What he had done to her
There told you would pay you" said She Don't re-
collect any thing particular being said ct the time he
at the table, at the time there was no frightening
Of the color he did appear to be mortified; when ice
was put on her; could ret ray how many times she
never requested me TO take ice from her bosom more
than two three times; she has as much as once or
twice; think do remember twice; che asked II
would take out don't recoect of putting ice in his
bed do recolect of saying had put ice in
towel; she asked to get it, and raid she was going
to put it on Horao to pay him for what he had done
to her; got the ice and rolled 1t in towel; don't re-
collect of putting ice in his bed; he has thrown water
in my face; don't know that be has ever torn my
dress not than twice. It was in the house
If done at ALL got it torn in the hay. hed some on
pushed me; up in the hs y. field rakng hay with
Mis- Wy eth an two hired men; also Mrs wellington
Hattir gs and nysslf was raking hay o. the side OF
Wyeth and Hastings on the hay. frockng at some
little distance twice the length OF the court room not
out but that day in the pastures Mr. Reay was in
IL field at that time; he nere pushed me forward
and stepped on my dress and tore it; have thrown
water at him not more than besides this, aud
threw il by Mrs Wyeths uest; they got into fro
lie laying her the sofa don't recollect when first
mentionedit think mentioned it at the time Of the
bedroom scene never mentioned 1t before gave my
deposition; went out into the kitchen; not very
the dining door, saw lin when he shut the door,
don't know that ds continued my work. did not stop
look suppose saw her tn at afternoon; said nothing
about it; him carry her only twice this was the
second time nothing to hin der me from looking in in
habit Of going any where pleased; my intimacy and
familiarity continued just as before.
Touc hing her SicknessI could not tell what allied
her; she had medical attendance; VAS sick aud kept
her room for week. ten days or fortnight, but able
to DO about the room ! understood the disease was
brought on by riding don't recoecs that any thing
particular led TO IT. don't recoect of seeing him there
WITT Hastings have not seen him repeatedly in the
room with MIR. Wyeth don't recollect of ever seeing
Hastings there in presence of Mr. Wyeth the children
were usually with me while she was there; don't think
she very sick had no opinion of the nature and
seat Of her diseases did not assist her up stairs; but
did help her once down Stairs, which enabled me to
form N opinion | never said that it was disease
Of the womb eonId not ray how many times times
frequently it would be in the forenoon sometimes
when che was sewing, and sometimes at work
about the chamber ; would 60 up to ask about din
ner; when knew they in there together would
not In abrupty have found the door latched don't
know whether it was fastened never we to the door
apd tried it; left 1t when it atched never tried
it but when they were away; have been in q number
oftimes; could not say how many; more than once
much twice certain think once in the forenoon
about dinner time; second time after dinner was
going into my room, and thought would go In;
long che up there don't recoeot how long before
had seen her there; knew she had been up in the
chamber, somewhere; she was up In the chamber,
and the door latched could not tell what was set
to watch for gave them notice almost every day, or
once in two days. they would be up in the chamber;
did not ways gave notice from the dining
room stairs; she said she did not wish to have Mr..
Wyeth seeh her fro ckipg with Hastings as she did not
think her husband would like it; Hastings was cousin
Of Mr.. Wyeth-Bostom Times.
SUPREME JUDICIAL CoURr, BosroN.- Thos. p. Hart
as. George W Hart-This was an action Of assump-
sit to the of thirty nine thousand dollars,
alleged to be due from the defendant to the plaintiff,
surviving partner Of the late firm OF Eli Hart Co.
of New York city. 1t appeared in evidence that the
plaintiff and Eli Hart had been engaged to large
tent in the trade and operated largely also in the
produce Of the western country and to promote the
success anu eAena .ne aacis' 81 LIE t rh;naa
to erect warehouses; &c that from the revulsions OF
trade in the year 1915 loss was sustained in their
western operations to the amount sued for that upon
the books of Eli Hart Co. the defendan mt charged
with this deficiency the whole operation being con.
Quoted there in his own name nd all the entries of
Hart Co relative to this depasm of their business
being made under the of the defendant. 1t ap.
that there was some understanding that the profits
and Losses Of the operation should be shared by the
defendant and the admission Of both partners that
the account was declared to be merely nominal, and
that the defendant was so charged merely to keep .
record dealings in the west and upon the trans
fer by the defendant of the property remaining in HE
name in Chicsgo, the claim wa, to BE- cancelled -
| 1t farther appeared, that Ell Hart died In De-
eember, 1915 and the affairs Of the Arm Of Ell Hart
Co were carried on by the plaintiff till, January IL,
1885, by the pressure Of that period upon the -four
houses Of the country, he was induced to make
Of all the assets Of the late firm to Ernest
Fielder of New York for the purpose of genera!
Element, and upon the alleged consideration of the
sum Of TWEEN thousand dollars, advanced to the
plaintiff BY Fielder to sustain the plaintiff business
and with the further agreement to divide the surplus
sfter paying the debts Of the late firm Of Eli Hart
Co, between the plaintiff and Fielder the latter hav
ing by marriage become the only legal
Of the late Eli Hart This claim, it was contsnded
pasd by the assig of the books Of the firm to
Fielder and this suit by him instituted In the fall
of 1916 In the name Of the plaintiff sgansthis brother
the defendant On the LIST of December, 1886 in
sheraton of assignment of the Chicago property to
the plaintiff, he executed to the defendant release
Of all claim Of the late firm against the defendant
1t appearing at that time that Fielder, instead OF
being creditor Of the firm to the amount OF
$2 COO had actually realised several hundred thou
sand doarP by virtue Of the assignment of its assets
Upon these facts the defendant commended that the
action could not be maintained because Of the exist
enee Of copartnership between ELI Hart Co., (oi
which brm the plaintiff was a member) and the de
PENDANT and Of the affairs Of which settlement had
yet been made and contendng before the court that
the alleged assignment was only power Of attorney,
| pleaded the relesse in bar Wilde, ruled, for tho
purposes of the trial. that the alleged instrument of
assignment such id fact, and not power of
attorney and that the release being given
to the execution Of such deed Of assg ment ino
perative in bar That the only question for the jury
to determine whether in the western business Of
Ell Hart Co the defendant was copartner; IL not,
their verdict should be rendered for the plaintiff Un-
der these Instructions the jury having remained out
four hours and being equally divided the Court
informed that there was prospect OF agreement
and directed them to separate.-Bosion .4dcertiser
Dec. IL.
SUPREME CouRr or THE UNITED SrArEs.-Monday,
Dec IL. lsds-Presept as on Friday, and Mr. Chief
Justice fancy. Cornelius Van Santvoord, Of New
York. George Selden Of Penns ylvania, and David s.
stacy OF were admitted attorneys and coun
sellers Ct this court.
No 3H-Unted States, plaintiff in error King
and Coke. The argument Of this cause commenced
by Mr. Attorney General for the plaintiff in error
and continued by Mr. Coke for the In
SUPREME CouRT OF THE UNITED STArEs-Wednes-
- w. a n
was admitted an attorney and counsellor Of this court
No. ~ The United States, plaintiffs in error. Us.
Richard King and Daniel w. Coke. The argument Of
this cause was concluded by Mr. Attorney General for
the plaintiffs in error No Is Isaac Roach, treasurer
Of the mint OF the United States plaintiff In error,
the county Of Philadepb The argument Of this
was commenced by MIR Glet for the plaintiff in
error, and continued by Mr. Brewster for the defen-