The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-08

49,, /ysss rssOA esasDsosn, fsel 10 sistrua b
se Sc sSe sasash = tAe ssu..e ais esa srssaa.
psTss.s.A ths sssiulss ;. hDla. up Ter your cua
srssssa VIII much sdt'srsssa Of EXPRESSES tbs the
jsrse sal rapport 4 ~ dseiuts that au sisy for II
veab be found In every volume ~ Johusans reports
the esuDrsl 70 stgmstse such refsrsn~s sourd In
formed that thsss conpos Of three An
sSs y S"1 ~
expreson but The csuDsel asserts t. the expire sion
~ss undoubtedly 10 nsds; II word b very loo.s
method, undoubtedly Of authen'icating poot Of Law
The incoming Of the Court however have been par
iec obvious No exact A'isn Of books wns att m o.,
occasions 10 use ,ery general torn. Of reference
to books In support Of p"eitis advanced In speaking
Suppose II not to be unusual for y"a % hear from shs
pull clergy men assert that particular tonet pro
cept b. fOnnd Ia every hook capser of tho bs
and yet Il woolo rdiy % thought % OCCASION for
cans him before eonsistory assembly, sa ass Other
ecolessstcsl tribunal ne his words could
verified TO The letter, DO fsund h.t his position Is
su'bovis'd BY any portion 81 the ooos. rne mote Of
perosve for offence N the cbuosel Il.
Yet the tenor Of his inyectve imports that ihs
substantial idea prrce-dsd and aia down in my
judgment soun1 legal rale W egid.n
the 'nstrumens in writing n,s,uss b" the ife"dants
tainted with frand-had been obtained bv fraida
lent lions Fraudulent practices, end that
the Court bound ~ aimt and allow witnesses b.
examined IN support Of that pr,pos and that Il
bonnd TO d. So NO, OILY upoa g1n-rai csmmon w prn
cipls but up express and solemn 4tou Of the
Conrs Of New Yos In Jonnson's Re- rt..
stl adhere 10 that stateao ., IN repeat Oss accr,
Ing to understanding Aoa Judgment that doerioe Il
declares AND sanctioned in the d. csioD os that cust
when presided In By Chancellor Kent, Amnr SO Spsn-
Smith ih.,npson, " W Van Nesa, ut time anil
mt another wheD Chief Justice 5peacer, Judges Vaa
Ness, Woo, worth and Yatss pedsd aLo repeat
your a.iry, gan lemaa, t.s, ust oaly 4
found these reports pPortiu2 principle laid down
by the Court bot IN opninn IL Il declared In deci
Aiop Ut Other OF The highest repute our lani
VI the Sutr Court Of the United and VI al
sister states do d-tei mine that such il bentry
the rule at hS That II matter which be Opsu
cons Grafton and decision before pr per courts
brought UP TOR review by due Of ag But d
asser thas there aour dlnt prio fGcis authority
Justify the Court sh-n the drcian compl,insd IT
made in HE cause in ing that the paiotiH
ttleo 10 prove that the Instrument Offer in ey
had been obtained by fraudulent representations
iiaudulent lraciiccs and it proved mater
vot he u+ed in ev.deuse III tue ease B,t
gen lemep, IL IL plain Ia your good That tails
topic not brought before you for decision II
De.e properly aiacnssinn before you. NJ, no
IT, not withdrawing the Instructions aspers,o,s you
have hear, 10 induce vou ss 10 feel persuaded y0u
might properly have placed confidence in any instruo
tons IT might have beeome the duty OF the Judge 70
chip, tha. may separate without any apprs
henstns left upon ids that tbs tourt had
dered decision Fash .nd 0nfoun led IN L. during the
progress Of the trial. that could not have justly
him safe aaviar in aid Of the di rye Of tbs
imrortant caties which imposed upon you In this
cau.s Gentlemen, your prOtrrc'sd and fatiguog
vices In this will yon lln-er deteu
lion during the tssm, unless you consent remain
before the Court which are % be ,rsa Your SER
vices will to thankfully rec-ved it thu state Of your
business heal viii permit your continuing With tue
Court till Its Anal adjournment.
Court that they would ali continue their attendance
through the term.