The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-10
Law Intelligence.


wit that 1t did not appear by the evidence upor
which the warrant was issued, that felony had beer
accused had not fed a felon from that State Al
application then made upon an additional afida
VT to take him into custody, which also de MED
COMMON PLEAs-Tn Chambers, August g-Bsfor,
Judge Ulshoeder. -Discharged The following named
per- ons, part of the OF the IT, frigate Cumber
land were discharged being minors when'thcy enlist
| ed WIN. Meighan, John Duncan, John Ross, Robert
Gibson, stephen Freeman and Thomas Collins.
| UNITED STATES CoMMIssIoNERs OrFIcr, August o.
Before d. Gardiner Esq Charge Of assault and Bat
terry and ReroiL--The case of Geo w. Browne first
mate OF the ship Iowa. called day and after the
examination of the captain Of the Iowa 1t post
| poned until to- morrow (this) morning.
Before Geo. w. Morton. Esq Charge of Reroh, &c
VIM Henry, late seaman on board the bark Orbit
was arrested yesterday afternoon charge of con-
timing the MASTER and attempt to create revolt He
was held to bail for examination It appeared that
Henry brought suit in the Marine Court against the
master for assault and battery which decided this
morning in favor Of the master after which the latter
turned round and procured the arrest of Henry.
SrRRooArE's CoURr, August 9.-Before Charles
McVean Esq:-Ln the matter Of prorihg the va of
Cdfhdrine Schermerhorn, decedsed-Wm. G. Schermeri
horn recalled, (by contestapts) and examined I
which was partly copied, produced and marked c;
1t is my hand. writing the column of figures aud the
names opposite are in my hand writing; the other
parts are not All the additions after the names are
in my fathers hand writing; the portion Of it in my
handwriting was written years ago. it was writ
my recollection, partly from similar paper having a
previous existence; there at time paper an
than do not whet has OF the
per that was annexed; 1t annexed TO my know
bit c then, and had all along, except about three
weeks in August last. In the early part of August
last | gave &c " into the possession of my father,
That he might carry it to the place where the
was residing; she wished to make alterations nd
requested to send the paper in that way She was
then passing few days at the country seat of Mr.
Abraham Schermerhorn, at Yonkers; | was not stay
ing there at that time; left the city the day
and absent about three weeks; my father return
when | rear cd he eft
Impression is that the paper annexed not
on when Exhibit c was returned, but do
not distinctly recolIect the fact. The writing
of my father Exhibit &C." written while &C y
was out Of my possession at that time the
Of my possession one line erased, as near as can
make out, wife of John Stewart (son of James
tinguish and cannot make out do not recolect that
Exhibit " c was produced at any interview between
me and testarix after it back to me- and before
drew her last will but she referred to 1t and the alter
atoms to the best Of my recollection the substance
Of what she said that she had those atera
lions to be made, and had caused the names to be
crossed shown in anticipating condensation of
her will by the members Of her family do recol-
her and my father, or between her and Abraham while
&C" was out OF my possession the paper annexed
contained request by the testatrx and agreement
by the egatees named in Exhibit "a" similar in pur-
port to the request annexed to Exhibit BIZ; do not
remember the date of such request and agreement
II was dated In the lifetime Of John s. Schermerhorn
do not know in whose handwriting such request and
agreement were they written before her papers
came into my possession when they into
possession, paper, similar in character to Exhibit
c. was annexed to 1t my impression is the
in that list generally the those in Exhibit
&C, as originally written Exhibit g c" copied |
partly in whole from that previous list do not know
whether there is or is not difference between Z" ca
and that list the object of the tesatrix in
having Exhibit {" - drawn, was to have the list
distinct, the previous containing many cor
rectons the amounts of the previous list had been
changed, and | have some Of the names; have
no distinct recollection whether they made be-
fore or afterwards When " c." wa, drawn | think it
w G a N no rod m fha and
mer list don't recoect whether :" Ci draw n
before or after the death of John s. Schermerhorn
cannot distinctly recollect that Abraham, Peter or
John S. Schermorhorn, consented that Exhibit " GU
should be annexed | have no positive knowe dye
that they knew II was annexed or was to be annexed
The testatrx 50 years and Ave days old when
died, az am Informed and believe. At the time she
requested me to draw Exhibit b. she did tell me
had charge Of it for several years. The amount Of
her personal property Is now about thirty-three
thousand dollars to the best of my reco
lection The only real estate that she died possessed
OF was about ~ acres of land on Prospect Hill Brook
whole Of the estate my, knowledge and belief The
property consisted Of various amounts of
and State stocks and one or two bonds and mortga
ges. There was bond and mortgage executed by my
father and assigned by him to her, and paid off
than year ago There is only one now existing
which think is directly to her, for $4,000 house
and lot in st. Marks Place. AS her agent received
the interest on the mortgages, and the dividends
the stock. | invested the money | received when
there overpus herr expenses her ex-
penses annually during the last two years of her life
wnle had the agency OF her property were about
$500 per annum did not render account to her
of my transactions as her agent kept the account
in her name. When the bond aud mortgage my father
had assigned to her were paid Oft, she gave me
no instructions about investing the money; she left
that to my discretion; that money invested by
in Ohio State stock in few weeks after the bond and
mortgage paid off; informed her of the invest
ment at the time; she did not have to my knowledge
agent; she had no conversation to her annual ex-
penses while was agent. more than to ask whether
she was spending than her income; the bank
rnfu kanf In har tvx tbn n.r r.
York. the moneys received for her passed to the
credit Of that account, except two small
signed by me for her; don't know that she examined
the bank book and check book, while was her agent
now recollect that the original request and agree
ment annexed to Exhibit contained a clause that
they would agree to change the amounts specified in
the lists provided the aggregates should remain the
that is, that she might make such alterations
without consulting them.
g; NShwoop, .,amined for communicative &C;
quainted with testatrix; it commenced in October;
be arded in the same house (NIrs Jessup's, in sth
street), from October until she died | frequently
convcrsed with her during that period; thought her
mind rather imbece her general conversation led
me to think so; they generally the subject OF
parties md operas she selected those subjects gene
rally for conversation; her memory appeared to be
bad she could recollect the names
OF the boarders my wife introduced the sub
sirous to avoid talking on the subject, which
considered remarkable for person of her age
frequently attempted to introduce subjects of con-
versaton to her. such the revolution the early
history Of New York and found her surprisingly
ignorant she did not appear to have any recollection
ofbistorical events. Witness his cross xamina-
ton, admitted that she did recoect the revolution,
and alluded to it in connection with herself and her
friends having danced with British officers, at her
fathers house.
MONTGOMERY Hunt examined for contestants.-Is a
Lieutenant in the navy was acquainted with Tesla
trix ON last October to her death boarded in the
house with her during that period Of time aud
converted with her frequently the condition Of her
mind during that period very weak, approaching
to the mind, of child; she conversed frequently OF
certain families her connexions and seemed to think
they the most important people in the city of
New York. and in conversation she would call them by
their given names, without attaching their surnames,
as If they known to every one she talked very
much Of the opera, and parties she had no memory
at all Of things that daily transpring about her,
but recollected the events of her childhood with GER
tsinty. Adjourned.
GENERAL SrssroSs.-This court was opened yester-
da. ID about LIZ o'clack A NJ Iudvn