The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-16
AZ 1rcIe's Guardianship OF . Niece Rspu-
diatou.
SUPREME CoURr-ePECIAL TERM.
Before Hon. Juoee Roosovelt


jas. Is.-Cdroline A. Q1imby RS james AcByIde-rhe
plaintiff appeared by her counsel B.irbridge Smith,
to RENE the defendan James Mcbride as trustee of
the estate o. Edware G. Thompson, deceased and for
construction Of the will Of said Thompson Mr. Fullerton
appeared the part Of the defendants The parties are
all rich end the plaintiff Is handsome young widow OF
about twenty our years Of age; and the defendant
Mcbride is merchant II great wealth and high social
position The plaintiff is his niece, and the grand
daughter Of Abrahsm G. Thompson who died short
time since leaving million OF dollars to
charitable institutions, and proceedings pending
to set aside his wi in the of which one half OF
that estate will descend to the plaintiff. Edward G.
Tnomp the only Of Abraham G., died before his
father leaving three children and estate of the value
Of about $40 The share Of the plaintiff placed
trus' sra The other shares vest in his other
children when they arrived at the age OF twen y-oue
One OF the children died a. the age thirteen and the
proportion Of 'his child's shave was placed in
The ttus furd h. to- The plaintiff. The counsel for
the pan'if ccnIenes lha, ina-much as this share of
the son not 10 veel until the CHILD arrived
NJ the rye Of Il IL fell into the toe testator
esae aud ed ~ the trust ana - which shs
Is ensrtee cut snd ont The Of the to
the defendant trustee alleged incon
consisting n certain advances Of improper character
s4ic 70 been made ny hin (Mr. McBrids) 10 his
rece ard cet que trust the painih Evidence of these
advances w1uld her coun~-i said be found in letters
abess authenticity was adu ed written by Mr.. Mcride
to he sdy uncer the ceof . iecaer" MT McHride
justincaton for not laying tn. lady's allowances
"a
tgt;ep the aey from bringing into court This
mat he hat sdvsncec than she could
Iigh molly claim Of him. ina she had been under treat.
per - ceItain di.tase tie ou for which be paid to
her edcs dans rnst he had paid the expenses of
various sw suits for her, that -hs had living
criminal aefcourse with par les out of the city; that
she had procured sb,iti,n On herself, and Other
charges Of similar the cbaacter Of which, In
reference 10 their truth to he measured by the pro-
resb, :" lis vile oirs thai fous its nest.r
". Smith said he would rely upon the answer of the
defendant had be othe. proof establish his incom
a u I'm truat and
that tie relation al trustee and ge trust should no
logger .nbsist be ween tbee parties. Mr. s. observed
that be would resd these letters
the ger uneness Of which wss admitted in the
The sunJotnen extracts we're read:
lous 70 be with YOU dcu't you with met Say
Mr.. frleTton-Thar Is passage Of which know
ntthire, and we ceny that IL occurs 10 any Of Mr..
McBg.oes let
Mr. smith-Ccntnuing to read
DsAR ClRolsA-You when you shal comet say just
as 'on a. yos tee that you can vi" he glad q any una
when and where Won win STOP lou don't want any bcdy
e knew q = Do s be here Thursday
40 want to see you hs wont pay to keep Wilt Thee de-
Ny pEaR SKcE-I am did rot see you If you 60
sss Ts ne fs%, o whss you 'saa
ssn- ! WI 60 Il, .,e Iaoning to SEE you OH 4
ood Si-ss sou Your aasctoaae. uscLE FLETCHER
Every OF these letters, Mr. Smith continued. is
dated sahsequent any Of the acts which Nc Mcbride
hss cogrza ce Of snd WHICH be says, he came IN pos
ses4i, n Of IN 1852
NJ Fullerton, 10 re9ly, saic that Mr. Mcbride was
Tetscliy Siing int add ibnit the truth
OF these charges the lii character wi hoot
sIan abd he had no fo the re suit OF such an
vesgaun the other side proposed 10 60 into This
wonao married some six o.. sight ago. and be-
fore Der gtandsthers ceath. He grandfather under
the viii If his SUD- Of rxthe property
ami i paid hfr the interest OF the money to which she
sr'i'led under that viii quarterly atshs required
II or her subsistence After her grxndfAtters oeath
NJ. H.ny Sheiten succeeded executor 10 the sill of
Aoista G. Thompson and Il ustee of the estate Of
+. Thompson III. ather If tins woman For seme time
he paid The moneys ~ order of tue surrogate After
vsds M Mcbride upon thu application Of tnis lady.
appointed har trustee, and under he order OF the Sur
rogae. received soethlDg 800 600 frou
executor Of the estate o. Abraham G Thompson, oeing
mother ana her younger brother Mr. sheldon about
that time unfortunately tailed with ali toeae securi
which he held trustee were way insolv.d and
not in ccnciion to be rem veG sihout some trouble
and eesy Since that time Mr. sheldon has fortunately
retrieved himself that il short time he viii be in
position 10 the balance o. he moneys remaining in
his bands into Mr. McBrioes VITO is The trustee OF the
whole three Since that time NJ. Mcbride has paid to
this than me entitled 'o-thAt H.
than the interest tiled the share paid in
TO him. He has not yet the whole Of The money
because By the viii ttese persons entitled 10
something SEQ Geo apiece, This commenced
living, il TIE first place, at Carmsusvie she there
tereo into l,ason with young il the neighbor
hood; left her husband snd hei family, AMI lived with
this young man in an equivoc. al relationship openly
and VIGOROUSLY, for upwards of year. she then
left. Suits for seduction commenced against this
Young man by her husband spo in or6es TO bring
about agreement set eIn-a OF the affair she
back 20 her husband, and ngqn again to 1--we with him.
At that time this uncle Dir McB ioe and the mother and
bihty feeling very much mortified at the disgrace whih
her course OF conduct had brought on the family
to the conclusion under the vice CT friends and coun
sell to make effort - retrieve her. After she
went back 10 her husband, NJ, Mcbride made large
advsnce-scne So cO0-o purchase furniture and with
that money house furnished for her in Brooklyn
to Ger fiends, and tie f. niy brought there
That dore at her request the aowarce being
and above the income to which she entitled. sac
remained there two three months and then ehe
went away from her hu' band without giving him any
notice. she away in fact, al went 20 Norwslk
the State Of Connecticut and his lived In stste Of illicit
intercourse with an Individual during the whole Of this
Last sumner She hss been out TO Buffalo 10 the same
way and her character has become by word and 8
preach Che has been endeavorirg her uncle
into paying than she l. enitsf to demand from
him. and ste has hie,teIt ID him and again.
that ue he net the den and hich she mace him
and which NOUS she would take steps
disgrace him. What they were soc did not state
but their character has at last me ou'. she has
received thousands If dollars because she gees
about in her ca-risge lives the grandest style,
gees from place 20 place supporting these men
wao I've with her wi exfa rdnary SHOW and ex
Mr. GcBice haze under he vice Of friends
Teen de.erniL 20 take the ~hcI he low Puff
Then tris cha se that he attempted to have
crn!r al inter course In meeting tnat charge nean TO
show Der character fron beginning end. The5 may
threaten Mr. Mcbride as much as nes pc se cut he y
or one TITLE, although tbis soeu'd be up
By all the lawyers il william ssree If hey win pro-
duoe any lsttr purporng 70 have been written by
him frcm which the reno.est inference drawn,
that ne mace any such attempt or any such sug
gsstion We viii prove that u is vile forgery got up or
HUMBER CT letters writer ey he plaintiff IN
similar to thoe which have give sbtye, were then
~ ssented IL evidence.
The Cour, adjourned until the EEK. morning at the
usual hour.
SECOND DAY.
JAN I5.This exceedingly intees ing case vas resumed
at the sitting Of the Coart this nornpg and the brother
Of the plsn:f (Mr. E. Thompso7) testified a. 70 tbs
genuneness OF certain letters presented in evidence
during the pr oeeediDgs Of the previous day.
NJ. Fullerton then stated the the part Of the
defendant and read number Of etters from Mrs. Qm-
by 70 her uncle all Of them acverting IN less
urgent terms TO the necessity q sending her money The
reading of those documents occupied space Of
The CourtW nat is the latest letter the Other slider
Mr. smith-We have many here, cir, that have
dates At all. There IL letter Gated July b, 1850,
written year and tour months sf'er ne assumed the
trureeebp IL lstter Mr. Mcbride says that all re
received $4,000.