The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-04-18
IMPORTANT CASE IN COLUMBIA COUNTY.
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FHR AMBIENT TRIAL AT HUDSON.
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TIE SUrT AGAINST HARMON LIVINGSTON.
BIZ TEL no RAPH.

HyDsos, wspvssosv, April II, 1880
The suit Of the STATE against Harmon Livingston u
kil trial st this place. transmit . summary
the previous proceedings In the (as well thoss
oT to-dAy) - you Asd 70 receive my dsspstsh iAss
.igha
Mr.. John Van Durcs, In opsaing the csss, claimed
the lands for the people, on the ground that they
wore unoooupied lands and commouA, all Of which
lands, 70 remaining unoooupiod, unimprovsd, and
without fsooes, he argued, the just propcrty Of
tbs state; and hs further stated that the defendant
attempted to introduce his title he should show fraud
in It, and that the pssoas making the grant In
cspsbas Of making 10.
The witnesses nts oduoed the part Of the people
are Hiram II. Pouchsr, Henry A. Link, Hi Ounce,
Charlie Decker, Henry Younghsnos and Isaac Pal
msrtsr.
Mr.. Pouoher swors that some time In July, lsso ss
the request Of Thsodors Miller and John AnnAbal Of
Hudson, Who were instructed By John Van Bursn 10
employ surveyor, ho repaired to the prsuses h quss
tiou and under the direction Of Josph A Sesvsr Hen
~ A. Link, and Bn Ounce, whom he wss Instructed
BY Miller 70 call upon, surveyes one hundred and
fuy acres Of The premises, commencing some tvo
chains IRON the wall q John H. Conss and CON-
plstins the survey BY sons twenty courses without
leaving any monuments denote ths survey, except
the place of beginning. In the survey he avoided
all improved lands and surveyed $50 acres Of common
H. A. Liphe and r. Ounce svors that they aided and
assisted Poucher In this survey that the survey vas Of
conmoo alone; that there fenees around 10,
and Improvements upon L.
Chas Decker that thers we're no fences OF In
provements upon ths land
The defence offered 10 prove by thh visssss, on
xsminAtion occupation o tho premises, which
the this stage Of the proceedings refused W
allow them TO do.
youu.h.,,. nd Pals. .rxer ted ths oth~r
witnesses to ths fAos Of The property being uni
proved.
with thh witness the prosecution rested
Mr. southsriand opened In behalf Of defendant, ana
aid that defeacs I'm order TO alay tbs sxsitcmsa
In the county dsensd policy that shs cass should 70
70 the jury instead Of sshng nonsut from ths court
He csnsursd severely the pursued By the
cussou and said that this not an action brought
BY the suts In good fsish, but wss brought BY a. A.
Lhh and others, under cover of tbs STATE and Pre-
tsndinsy By the Attorney General when the Atto~nsy
General hs< lad nothing to do vish H. lie thsn pre-
ossdsd 10 sapAis the jury ths proof he should In
troduss, and the nannes In which ths Livnsstcas
acquired thsir tisls He consumed three ssd . half
Lours in opening the dsfeses and Offered their sts In
svidsncs.
hr Van Buren objcstsd the ground thsa the ps-
tent Of l7B . fraud on the governnsnt grating
H. because Robert Livingston pstiticncd tbs govern
B.ns for confirmation "a patents granted In lose, On
the around that the land belonging TO him had been
of the grant, vhsn such vas mot the csss, -
spparsd By the patent which covers no more than
,hs oad He siso ob,essed, os tbs ground shss
could BE- srsna In lsss the dse Of tbs hrs
grant p 1us ubs date Of The con6rnaiionJ shss
1hos Donesan In 1850 authorized TO grant any
land without the copsurrcncs Of hs council and thsA
there svidsps. that shs council sescurreA
~ alss alleged that sur~y had bsss ms~s, and
The risht " grant without surveys vas denied
The court oves,uisd ths sssoa aud admitted a.
fendast TO prov. titie.
1bs d&<ssss are nov engaged I'm proving the.
rss rsecxsprros 90 ro-DAv.
Ths defence srs stiil engaGcd in proving ttie and
possssiso uDser ~ ard scss cf recognition rsgsr<s
H. The part Of the colonial govv smsss and various
s,sss oGc.rs The sit,e, - provs, tuns thus
srsss kotsft fl.irs<o. In ibll ard lns, es-srrA
uss ~ tat.ns 7la Lsv~ss fhlnp.
fllhs 20 httss. ksosrs S.hn. snd soa
Lss L<,nsttss. p,ssss, ptopsisssr ssa elssmsss
1hs asf.noe muoouv,a I'm evidence isws "a the cole
nisi rc,vlmsn, RECOGNISING the aud dssnins
the Boundaries 1hty also cctrcd In ,vdcncs various