The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-14
Supreme Cours-C,ro.it Csurs.

Fra l3.-Jshn Dsnsrsa ard w,fs ~. mIrts D,ss
erd 0hos ~ he sitting of the court this moruing,
the Judge gave his decision upon motion ~ dr I'd
Yard ssooford To admit parol testimony OF What the
dscssssd said respecting the destruction Of HE will,
.h,eh s the 'sn.et Of this setion The Judge said
the question To- decide wss -h-thsr dec isrstion
msse after revocation fs sdirsble 20 IN d.struc
tiop by him Oh. is- settled IN B-tt. Jssssco Ia
the Court 81 trrors That Gaze was long psndins be-
fore the Supreme Court. Justic. Wood sorth ssif
viii having been made and len IN possession 10 pre-
supes 20 have been 10 yosse.s,on until the parties op
po~ips ~ sho-ed "a ws- revoked In that opinion the
court ccpcurrsi. II vent TO the Court Of Errors,
vtere vss held the prssum ption the other vsy;
that the legal presumption that he hat destroyed
~ The JvsrD.nt reversed by unsninoas vote
Lessi ptssumpstor ss In fsssr Of revocation. The
huithsu here is throvp upon the d-fspd.nt ln this
csse the dseessed duly enseuted on the 18th -. 80
en- insrumsnt left IN hts possession lie had custody
Of ~ there No evidence yet that II out of
attendant In s.pport Of IN. legs. prs-sn psios that
The dscsased Destroyed his v offers his d-clsf stioo
A. 20 revocst'ou there ere several vsys By vhich 10
could he revohed He msy destroy the paper OF obte
rate the writing or by any physical Get Of his
other perscns proved by t-o person. lie may destroy
thso set ~ physicsi d..,ruetion. he mus nsao 20
destroy st the time 80 that rsvocsioo oonsits Of
too distinct sets First the act 81 Destruction phssi
cal second the sct ~ mind intending the d-strue-
tion. The m-r. decisfstiops that he does not
co ies,e -,ll 60 thss c-rtsia paper vss not his
vii, would Mt amount 70 . rsvoss,on. where
would destroy ~. Here the wiii ospnot be found,
sud tns legal pr-suu piicn h that he destroyed a. rhs
hss destroyed a. rhs the Court thought vss I'd nis-
sble 10 so only proper % sh,- that he d,t the act
bot thst he did " snt@- f,yocsnx. The def>u 1ssts
msy prove the sct Of d-strBcuou snd thu. deo-s-ed
intended ~ BY hts declarations cousse for pl.inti6
sscepfed
Doctor Hsrfiot and the Reverend Mr. BsIeh, and
other pitnsss~s then dspo-ed 10 th- d~ci. rstis
81 tie testsfor, that he had ~tii, that ne
bad destroyed ", spd that ne alec stated that
he never intended 20 have sp.th.r that tn. lag
81 the state good viii q. he wanted; ssd that
the ~ii business Rad besn of great
and troubi. 20 him for long time Doctor Hsrrisst
considered The decesesd I'm sound state of mind 81
,tst time snd 81 much he he'd bean for eshteeo
mootfs previously
Doctor st@srbs aud other witnesses we're called sy
The psiptlf rebuttirs evidence and d-po.ei that
they did pct consider the decsed IN sound sists ~
MUD for tine previous 10 his desn, aud gsve
illustrations Of hi alienation q int-l.ct that he 81
sone times fsnc'sd he hsi sssllored q hsnset ,
Gspsktsr) that he vas q desd nan y sni Doctor
stsrss stated that 1scssssd time wanted hsn
~ lcok inte the bed 20 see he bsdnt bssn eopansi
~ q tshv Csrest lsugh'eD
fTh. object of TITS testimony, on the part u tn,
plsinfld 20 sh0v that ~ tesss'nr had dsstrS,sj
~ vii he not IN state ~ misd e.psbls of i~.
siroyirs r~r0sug tnai ~hicb he bad male -hsn
not suf.slrx urfsr mental alienation
Doc'or Stssfrs iufth-r d-rosed = That he h.5 bseu
very mueh a. Ar narg's house ptsviou, 10 his dsash
tas sirpt there.
~ ssntford md you ever sep on N. house too
Yes heve gone out the hoBsa top fof f,esA Al,
snd have faiien ssleey thsrs a Nave ron gone on
ttere 20 gave upon th- stars or fr wsst puroo.A' A
No, have not. q Did y0u ever snbtsc. the faith o
The Grisritss uh0 expect the imms dsts sscoot con.
ING cfths Savicri a. a. % nss sincerely biIsvs n
w. Y. Nsfeson on the boas--tep looAise 'er he