davidaulloa/AmericanStories huggingface dataset:
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03
DISSOLUTION OF COPART-
NER SHID

TyHE COPARTN ERSIiIP heretofore existing,
Il under the firm Of BELL & ENTWlSl.E, was
this day dissolved by mutual consent. Persons to
whom the late firm are indebted, will please pre-
sent their accounts for settlement and all those
indebted are requested to make immediate pay
ment. Payment may be made to either of the late
partners. who are authorized to use the name the
firm in the settlement of its business. All accounts
that have been standing over twelve months, VIII,
after the first of September, be placed in the hands
Of a Collector.
ROBERT BELL,
JAMES ENTWISLE.
%
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03
NOTICE.

NOTICE.
TNIIOSE who are indebted for property purchas-
l. ed of us as Exc rs of John J Hanson, deceas-
ed, notified to pay at once, otherwise the claims
will be collected as speedily as the law will allow
FEEDER & HANSON, Exc RS
of John J. Hanson.
Aur 81 1871
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03

DJHE RACES will come off at FARRALL'S
/ COURSE, near Port Tobacco on TUESDAY
WEDNESDAY and THURSDAY, the 28th, 29th and
30th of OCToBER next
The following purses will be run for:
First day-a purse of S20o-3 mile heats, and
repeat.
Second day-a purse of $3.50 mile heats, and
repeat
Also, on same day, the Proprietor's purse of q
Saddle, Bride, Martingale, Whip and Spurs
mile and repeat-con6neG to horses owned il
Charles, St. Marys and Prince Georges counties
The same rules which governed the Club for TIT
last year ls5o) were adopted for the present year
Aug. 6, 1851.
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03
c. j [ N MS
CELEBRATED
WILD CHERRY ELECTORAL.

For The Of Coughs, Colds, Bronchitis, asthma,
Hoarseness, Influenza, Irritation ofthe Throat and
Breast, Clearing the Voice, Relief Of Consumption,
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03
ADMINISTRATION NOTICE.

August 81, 1S51-2t. Committe
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03
PORT TOBACCO JOCKEY CLUB.
FALL RACES.

July 9, 1851.-tf.
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03
REGISTER OF WILLS.

June IL, 1851
Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-09-03

TNHE undersigned will sell at private sale thu
Il FARM known as ''Glasvar, ''Iyng in Charlie
county, in the State of Maryland.
The Farm contains
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

NOTICE
RS HEREBY GIVEN That the Dubuque Mutual Fire
Insurance Company has been incorporated under the
provisions Of an the General Assembly Of the State
81 iowa entitled Gan Act to authorize general Incurpo
rations for purpose Of mutually nsuring dwelling
houses shops, and other buildings fur
niture, and other property of its members
The capital stock incorporated of the deposited
premium notes of its members, subject for
lesses and expenses.
premium notes IL actually fWid in when the articles Of In
corporation are signed and effected by every
member and the remainder is to be paid whenever the
es and expenses.
The association commenced its corporate existence
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10
dy OF NfI, 1905, out SUBJECT 70 renewal BY unannOu
ote Of the members for like period Of twenty years.
he officers of the company consists of board OF twclv

u!reClUTs 20 De eecteu annually the rst Monday III
june and President Secretary and Surveyor appointed
by the Directors.
c. II. BOOTH, President
j. C. WEArHgRpr, Secretary.
DIRECTORS:
c. II. Booth, J. P. Farley James L. Langworthy, e
Weatherhy, F. v. Goodrich Richard Bonson w. s. Gil
liam, Jne G. Shields P. A. Lorimer, w. Lawther Peter
NAPLES, and NJ. MObley.
&. Il. WEST,
STORAGE RWARDING AND COMMISSION
MERCHANT.
Dr. n,,h.
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

en-. The next morning,
yal Paraguay and all Of the
DMccrs left us-(I mean Critten-
ebattalion.) We heard nothing more
pfor two days, when Crittenden dispatched
tote. He then requested we should Join him
at little town some six or eight miles off leav.
ing US in the meantime to take care Of all bag.
gage, &c.
We started for him on Wednesday morning,
at two o'clock A. NJ, and had proceeded only
three miles when we were attacked by 500
Spanish soldiers. In the first charge received
very severe wound in the knee. We repulsed
them however They made another charge, and
completely routed u.s. We spent two DAYS and
nights the most miserable you can imagine, in
the chaparels, without anything to eat or drink
We made the best ofour way to the sea-shore,
and found some boats with which we put to sea
Spent night upon the ocean, and next day,
about IL o'clock, were taken prisoners bv the
Habanero, were brought to Havana last night,
and condemned to die this morning. We shall
all be shot in an hour.
Good bye, and God bless you. send the
Masonic medal enclosed in this, belonging to
my father. Convey it to my sister, Mrs IN,
and tell her Of my fate. Once more, God bless
you.
LAST LETTER OF VIcroR KERR-The fol-
lowing letter has been handed to us for publica-
ton by our friend Mr.. Robert Kerr, brother OF
the brave and lamented Victor Kerr The rea-
der will notice the contradiction which Mr.
gives to one Of the lies set afloat by the EN-
misaries Of Cuban despotism in this city:
My Dear Brother Robert: Adieu. l am to
be shot in an hour; there is no remedy for it,
This will be handed to you by my friend, Mr..
Costa, who has been kind enough to take charge
Of it. Adieu, Robert. Idle as a man, and as
an American should do. Kiss for me your dear
wife, my good mother, sisters and brothers, and
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

NeatslOUt OH Ufange Peel, Oil Lemon
Peruvian Bark OIL Pepp, rmint
Pumice Stone, Lima Barn OIL Cinnamon, do Cloves
z arl Aash do WernIsee d, do Vitrio
Pearl Barley Oil Annisi
Pepper, Spice. putty Quicksilver
Pills and Pill Boxes Qliinipe Quassi
Pink Root ParegOric Sxifp tr. Sponge ard Sage
Rhuharb Spirits Mir, do Lavender
Red Precpitate Saffron, Soaps assorted
Red Wood Sun, Carb. Soda
Resin, Rose Pink Sal Soda Saleratus
Rotten Stone Starch, SIENNA
Red l. ad SyFups assorted
Snrlington's Basam seidhfz Powders
Tobacco Soda Powders
Tartar Emetic Sal Ammonia
FrlSses, assorted Gnuffs assorted
iva Usi, TIMBER Window Sash, &c. &c.
Window Glass all sizes
Pills,
Cooks, Lees, Martins Bragg's Buck per's and Smiths
Sugar Coated Pills.
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10
eminded his master Of his visitor

I WAIT aIlttIe longer said the Emperor Al
length, the night having passed away and day
beginning to dawn, there was some danger o
the secret interview being revealed; when the
young woman, repulsed, detected, and offended
| was reconducted, in tears, to her carriage BY
| the confidential witness Of her last adieus.-
Whether 1t was that Napoleon had lost all
sense of feeling in the agitation OF his mind
or that he was ashamed to appear the cast down
captive before her who had loved him as the vic
tor and sovereign Of Europe. he evidently had
no compassion for her devotion. When the
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

'Mo@s SajcPHt,
.4nise, Ceder,
Rprr1 NJ
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10


-. Iuuuuuluunun
@--5-------s -
- ~ ~
80 ~ 40
THE PROPERLY FULFILLED.
a F,a.o.a .or,;ssk 70 Oh
l me montn o. hususy 1c1Ss w -. IN, ,vonId
AwoIio INA. W. woam giS .s.,Sr .sOST SrVERE
IVSdA" ~ 1 LIZ ~
,.u IT =. 1..-
.7.a Igsea:,s Ae" ~ III s,hsr rnie,u,;ous
we pol"sc W ~ an. p,ys;c;ans Jurr'nns
ior WS Mesr'. " .;. mG ,,s;n =, intrrtincs
V1 a' Mru rTy Er.S M C1 IN TsI IISE
\ASADW AN > he III EHAA1s
fc their investigations, and to illustrate It's inFS ana
n{ raculous power over pain upon the patients:
W6 claimed that 1t woild aliay IN lew miPu'es inc
most severe
lRHEUM9fTC P4LNS
DLdkkHOEA, NTUR.dLGLA, &c.
ITO DULohEADA,
CHILA FETEK.
Thkt in few minutes itwou'd relieve the INST severe
pansl.mc I'LL o ~ a.,, a.harna and ;nr.S asn;,
all pap anu u"iln0 sstna.s.::, s IN ,h.
wari 70 evy ah me M " S IN , s't
wou Z 'a :. '.s 1 90 =; &C., .,;,
panssTs , .H ~ az, ~ . 1870, =.
ana ef,e !. :; ~. =; ;.;, ~, .,A n, e
nv, = 49,; a ,....' LII, 80, III; ,.,,;a,;
S PTh,; !, . o,a s,r ~. mos, toot
aH.ctHn. ia. - m1a'o ''oR 'ie i'o'' ''o'"
acne ~ 70" seeonus. ,,l,..:... ec
IhaiY. Mou,a ieose al ineum.a.,S ~ Pnha ,n \;
mmut y "nu eu'0 any o"ioiAo sa'0 - INV ~ ~
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

1t Warsaw, the beau
dy, intoxicated with en-
|had made a lively i'm
|e was the young wife of
llready advanced in years
FIRST time, amid the pomps
|6dored in NapoIeon--as what
lot! genius, victory, and the fall
hope of the independence of her
country.
Her countenance bcamed with the alteration
she internally felt. Napoleon saw her, under.
stood her, loved her. Long resistance, violent
struggles between passion and duty, and tears
famed the flame into passion. The Emperor
carried of the Countess Waeski from her hus.
band--from her country. He conveyed her to
his can pc and 10 his conquered capitals A
son was born, the result of his attachment. A
handsome residence at Paris, often visited at
night by Napoleon, concealed from public view
the ever impassioned mother of this child
Adversely rendered her fault almost sacred,
and his love more dear TO her. She wished, by
devotng herself to the exile, to atone for her
weakness for the conqueror Of Europe. She
wrote to Napoleon to ask tor an interview, and
to offer to acc ,mpany him wherever misfortune
might lead him. He consented to the inter-
view; and the last night but one which preceded
the departure of the Emperor from Fontan-
bleu, the young wife was introduced by back
staircase into room adjoining the bedroom OF
her lover The confidential valet announced to
his master the arrival Of her whom he consen
ted toreceive. Napoleon was plunged in that
kind of dreamy stupor which had overcome
him since his fall He answered that he would
shortly call her who ON his account had brayed
modes'y and adversely. The young lady, in
tears, waited in vain the greater part Of the
night He called her not. She heard him,
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10
Pile. Take hottlaofit to any skfu pbysiciS let him
test It; We will rist its reputation on his opinib
On drop has n gu. ntly cured the mosf &takzipg


Stomach.
Sixty drops iakenbur times per day, will CO Weak
and Debility.
Ten drops taken very ten minutes, will Sre Diar
rh9a. A.
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

Eli to him,
htainbleau a
whose love,
Ixtinguish.-
{ objects of
:, with a tender.
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10
Nervous d. binty.

papitation of the Hart.
DR.. James r. Chiffon has had charge OF the Manufc,
tory for more than year, and ny bottle prepafd
since February $780, has his rtifcate and signat'f
well the signat,re Of s. p Townsend the suei
plate label on thu outside wrapper.
~ Beware OF Coant IF it's and buy that only which
has Or. ChiltOn1 certificate On the wrapper.
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10


Spasms, &c, fEE4
Thirty drops has, iGffeen minutes stopped he pains
Of Neuralgia.
Thirty Drops evelyten minut@, has cured en- Fever
Thirty drops has, IN ten minlles cured wind on tn,
Stomach.
Thirty drops has. in fifteen Minutes, cured Cholera
MOrbus.
On application externally ha, appel the most painful
Rheumatic affection, and curd 6pgtins, strains, ana
Spasms. 33
Tire. applicari(ns has Cured tle RAJ sn9 Istasr
Six applications has cg) : fhe Eryskelas
Three applications has ~ mod painful swelling
spine. sSt{
One application, in fifteen mini y, circfhe Lumbagc
DISTRESSING P.7LAS OF.aLL H.NDS IRE
INSTANTLY ARRESTED
RADW.4YS READY REAEF.
DIARRHOEA.
On the first symptoms Of Diarrhqa or lvsentery take
down ga teaspoonful of RELIEF, in uter, and BATH
the bowels externally, and your sckn sand pain will
be but the affair of NOM MT Let n sons who are
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

talk turkey.
Ids over to see
!" have got the
nd connect with
they can become
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10
Buchan's Hungarian Balsam, Wistar's Basam Wild
Cherry, Ku ok hans Worm Powd r., Fabnestock's
Vernifupe, Wormsa,d Oil, Martins Worm Powders
Daily's and Councils Pain Extractor, Green Mountain
Ointment Naryn


MIXTURE Indian Cholagogue, Grief nberg's and Buck
RS Pills, for the care Of Ague and Fever, Upham's
Pile Electuary, &c.
Surgical Instruments.
Thnmb and Spring Lanccts, Tooth Forceps Tooth,
Keys Gum Lance,s scarifcators, Pocket and Cnpping
instruments, Cupping Glasses, Syringes, &c.
Pants and Oils.
White Lead, Red and Black Lead, Litharge, Lamp
black, Chrome Green and Yellow, Paris Green, Whiting
foot and Tam rs OIL Spirit Gas, Spirits Turpentine,
Copal, Japan and Leather Varnish.
Brushes,
Paint, Hacking, Horse, Hair, Shaving and Tooth
The public requested to call and examine goods
Dubuque, Iowa, lime 10, 1851
AN ENTIRE NEW STOCK
OF STAPLE AND FANCY
I'D " ~ @0OODD
At the New Store of
r. c.. w A PL ES,
ore door South Of Spauiding's Book Store.
i WOULD respectfully announce TO the public that
prepar to expose for sale the mos, extensive
Of select and elegant goods presented in
this market.
The goodsselected from the stocks of the largest IN,
porting houses in the Eas-embrace everything that
ally novel and strkingy beautiful in design, fabric and
To style. named in the annexed list partlcnIar A.
''"'o" : 'n''i LaAnIns. prErs GOODS:
plais~. trsfsd and brocade Silk Tissues;
IS and 80 inch black s%sss Linsn swn.
Plain and PRINTED Muslin Embroidered sws. Muslin;
de LANES; Muslin Organizes;
Embroidered do; French Brocade Ginghams;
Barge do; English do:
Print Bareges; American do;
DRESS TRIMMINGS:
Black silk fringed Lace Paris trimming; Cameo trim
ming silk Ribbon trimming; silk Buttons all styles and
,lnps. IL npaids NIL Vyid
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10
Morphine, 7annsr.

II
lodtme, EMes:ns,
Stryehnine, 1;oIiod.o,
Agent for Fitchs Supporters and all ths most approve
Inc subscriber win give his special attention to p
up prescriptions and to supplying country dealers
good supply of Liquors for medical purposes
May Z. 1901. w. p. ALLEN z
s.Otel 20 I .et.-----y
YNHE well known CITY HOTEL, with all The fun
tnre and fixtures, to let to any man who can eiy
satisfactory reference, by - q
May il EMERSON 4 SHIFT N
- LIGHTNING PROT CTION
CPRAT1's Patent Lightning Rods for sale and MI i
- at the shortest notice, by G.. MAefH4<
june II -
EAsTERN NAILS-A few kegs Of all sixes, for Ell
II atmy Warehouse on the landing at Dubuque. :
may % G. r. WEST
IN,
The miners' express. (Dubuque, Iowa) 1849-1854, 1851-09-10

IT ~ sWW ne FAtrdCt W' TVtIUfIeu N'F U'Y1
liz . cal which is an important item to mop
- 0k,u lsng Compounds of Sarsapartlls, =
"a SYN his fact aole prOvesit 10 e ur
z5H srRoNersr and CHEAPEsr mcdiciF
IN ever inv, nted 10 wl
y USH Purity the Blood and perMa
q 7Gu nentiy cure y
I16 . It'll Stubborn Ulcers. Ringworm or TeueG
- III Rheumatism, Ser fnla, Erysipslas, r.
g OH fects Of NJ, rcur, Dropsy, DyspcEr,
y - ItS1M Pmpes on the Face, Neuralgia, Cf-
S tiven IS and Pill s, II art Dis, ass, e p
raj Debility, Female dbility, Coughs, Colds efc, r.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13
The Mason VIII Case.
81 TER OR coURT-sPEcIAL TERM.
Refnre Hon Judge Campbell


Before Hon. Judge Campbell.
Nov. 12.-Tbis court has been occupied, during
the last three days, in hearing arguments in OF
thes uits which have been commenced for tse purpose
Of setting aside tho will Of the late John Mason.
Soon after Mr.. Masons death, bill was filed in
the Court Of Chancery, By James Mason, for the
purpose Of litgatpg the validity Of the trusts con.
iained in the WILL which trusts, he contended, we're
illegal and void. After q long controversy in all
the courts Of the State, the questions involved in
that suit came on to be argued in the Court of APP
reas Of Ibis State, in the month Of April, in the
year 1Sls MIR. Ring, on behalf Of James Mason,
commended that the trusts contained in the will were
contrary to and in violation Of the statutes Of this
state, which prohibit undue suspension Of the
power of alienaton--Mr. Lord for the trustees,
contending in favor Of the validity of those trusts
In September Of that year tho Court Of Appeals di-
ected counsel to argue before that court rs to the
kind Of decree which should be made IL the trusts
were adiudgcd void. The same counsel attended
and argued that question in September, and in Do
cember term, the court being equally divided upon
the Gaze, ordered the whole case to be re.argued,
which was done at the January term; and at the
April term, four judges, including Judge Strong.
delivered opinions against the validity of the trusts
in the will But at the May term foil owing the vote
was taken, and four voted to affirm and four voted
to reverse and by this vote, the decree in the
Diminishing the plaintiffs bill Of complaint, was de
clared 10 be affirmed, in consequences Of a change
in the Law, made in April Of that year, by which, 1t
the court were equally divided, the decree Of the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13
Submarine Telegraph 1.
THE COMMUNICATION COMPLETE I
AND FRANCE

1HE COMMUNICATION COMPLETE BETWEEN ENGLAND
AND FRANCE
Lord De Msuley publishes the following
Considerable interest having been excited the sub
jsct Of this experiment have much satsfaoticn in
stating that ali difficulties Of official nature having been
obviated there 10 every reason to believe that the
mUncstiop between the two countries will very shortly
he In operation BeiSg present yesterday morning (Oct
with NJ Foy the director in chief and other gentlemen
connected with the undertaking IN question, message
sent ct request to the South FOrelsnd Light.
house. Dover, to inquire II NJ. c. was still wait
ing there The answer that G. on his way to
LONDON reached us In less than one minute and half
after the messge had been despatched from Paris We
have the honor 10 be, Your most obedent servants,
DE MAULLY. FRED. CApQGAN.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13

AIrqvD ExpRrss RoBnysy --Josepb Finelestop who
has been 10 the employ Of the Express Company OF this
city as porter was arrested this morning suspicion OF
stealing some $3.50 In gold IL appears that the Exchange
snk OF this city sent box containing several thousand
dollars In gold, TO New York by the Express Company
on Thursday under the seal Of the bank This box
taken from the bank to the express Office by the porter
and from there 10 New York When Il reached New
YORK the seal Of the bank bad been broken and another
stamp put on. Suspicion rested upon the porter who
has beon arrested and will undergo exsmiuation
day lie he's bee in the employ Of the express company
Tor the past eight years and the utmost confidence had
been reposed in him up 10 this time Albany Ere Journal
Nor 10
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13
Supreme Court-special Term.
Before Hon. Judge Mitchell


QUESTION OF A CREDIToR's RIGHT TO A VERDICT
OBTAINED BY A DEBTOR FOR PERSONAL INJU-
RiEs.
Nov. l2.-7Hos j. Slit and another Ezer's u.s. Gilbert
". Oir0, Eagle aud .atioood The defendant Oliver in
ls4s obtained verdict of SIS 600 damages against the
Erie Railroad Company for personal injuries sustained
by him through an accident and he subsequently as
signed $4,000 of that to the other Eagle
the PLAINTIFF judgment creditors to set aside the a.
Segment the ground Of inade1 uacy and fraud Mr.
f. l. Fancher the part Of the defendants contends
that the verdict rendered in favor of Oliver against the
and in no sense grew out Of pertaned to his pro-
perty. The creditors Of Oliver, therefore, had no
equitable claim upen the verdict the ground that
1t was property which originally proceeded from them
compel Oliver to prosecute right of action Of
that description; and II he chose to prosecute
the matter to judgment the creditors could not
rightfully complain it the personal claim
OF Oliver The verdict, at the time when Oliver assigned
1t to the other defendants and parted with all control
over it, not property thing in action with which
creditors have any concern. Nothing short of judy
men could have changed the nature Of the claim and
converted the right OF action into property Such a
right Of action for adheres to the person. it would
die with bim and would not survive to representatives
The transfer is not upheld as assignment but
covenant 1t is upon that well UNDERWOOD principle that
the Legislature a this State have even right of action
to executors and administrators for injuries causing
death Of those they represent WHILE at the time
the Legislature that the damages recovered
would not be assets but provided that they should be
tive Of creditors Of the provisions of the will flaws
of ls47, vol p 275 MIR. Fancher commended that
der all the the complaint should be dis
mi,sed with costs Decision reserved.
CIRCUIT.
Before Hon. Judge Edwards
Nov "a Nahaniel Weed President of the OCEAN Bank Of
keU York Wm p Naturalization on q note there
was no defence. Verdict for plaintiff, 81 SAT rs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13

Mon AT RocHEsTER.-On Monday night last,
ter for delivering lecture IL exposition Of the Catholic
confessional He not severely hurt, though the
building In which he lectured was considerably torn 10
pieces
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13

DEATH OF AN ELEPHANT. The elephant Colum.
bus died at Lenox Massachusetts Saturday last from
nesr south Adams. lie weighed 100 pounds, and his
tasks are valued ct 5000.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13

court below became affirmed. During the tendency
Of this litigation by James Mason, another suit was
pending by Mrs Aston, daughter OF John Ma
SOD, BY which the facts Of the competency OF Mr..
Mason, and Of fraudulent and undue influence, were
put In litigation before the Surrogate, who, how.
spect., His decision, however, has been since re.
versed by the supreme Court, who have awarded
an issue to try these questions before jury. That
issue has been forbidden to be tried, by injunc
ton granted ~ Judge King, upon the ground that
decree, which concludes all the parties from ever
disputing the validity of the will.
In September, 1850, John Mason, IT,, the eldest
son OF John Massn, died upon Staten Island Soon
after bis fathers death, he was pronounced q lu-
patic by the Court Of Chancery, upon the petition
of the trustees of the will, and q COMMITTEES was
appointed to take charge Of his person and estate,
in whose custody he remained up to the time of his
death. Soon after his death, his brother. James
Mason, was appointed his administrator, and he
commenced suit in the Superior Court of this
city, to his brothers share Of their fathers
estate; and one objection taken in the suit is that
he is concluded by the proceedings and the decree
in the former suit To this it is replied by the
plaintiffs counsel, that the former suit settled mo-
thing and that it is not bisding upon ohm Mason,
jr., because the Court Of Appeals has equally
divided and because John Mason, jr., was lunatic
during the whole Of the litigation, and could not be
bound.
Mr. Ring has argued this question before Judge
Campbell, and Mr.. Lord and Mr.. Bdwell for the
trustees. If the Court should determine that John
Mason, jr., is not concluded by the proceeding in
the former suit, then there will be jury tra Of
this great and long litigated case, whom it will be
settled whether Mr. ohm Mason, of his own free
will, made and published this paper his last will
and testament When this comes on, we shall
have some fresh materials for excitement among
some OF the leaders of the bonton in upper tendom