New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-21


for anything isn't be competent to estimate the yalu
Of every Witness testimony, without having h
status as an expert" decided by the Judgel
good deal of the machinery which the lawyers hav
devised for keeping the jury in ignorance has bee
done away with during the last half dozen years
end this nonsense about experts ought to 60 witt
the rect One of the counsel for the defendants dis
posed Of the matter very happily in his closing argu
ment by supposng the case of an ordinary American
citizen and traveller being called upon in Vienna t.
testify whether refugee Rebel Governor of Mis-
souri, could confer The title Of Justice of the Peace
which would be valid in Massachusetts,, and being
ruled ont because he had notmade the law of justices
Of the Peace peculiar study.
The Count next introduced Selden's work, "Titlef
of Honor" ] think It, part Of it, is called, and
read to the effect that Counts Paatine hare the
power claimed. Mr.. Gardner of the Boston Latin
School, an unmistakable schoonaster translated the
Latin, but az it was Middle-Age Latin, he did not
feel quite sure OF his TRANSLATION. He was confident,
however, of the general drift of it. On the cross
examination he showed some little temper, and /
was glad was not boy of sixteen attending the
Boston Latin School The Jew was afterward put
Oh, and he also undertook translatiOn but Middle
Age Latin rendered into Broken English, hesatDgly
and amid much laughter, did not give me very
lucid idea Of Seljen's opinions on the powers OF
Counts Pslaine. In his closing argument the Count
initiated the Jew most felicitously.
We now had the story of the actual conferment
of the dignity upon the Count, by the Count Ser
torio, or Sertorius, Sartorius, Sartoris for
did not examine the diploma, and the name was
pronounced various ways. The Count Johannes
read his documents and told the particulars of the
event which made him one of the titled dignitaries
of the earth. 4 translation Of the diploma by DR..
HUMPHREYS was also produced; and Mr.. Gardner
testified that the transaction was q good one. The
cross-e1aminatiOn then took place. Witness first
knew Sertoiius in October, 1876 the presentation
TOOK place Huston Place in March, 1917; it was
FIRST suggested by SertOrius; don't know who
drafted the papers, the dignity was conferred at the
house Of my friend Charles James; there were
seven or eight persons present; afterward ban
quet; don't know whether the diploma was ever
recorded or not has not found or sought any his
torcal mention of the Sertous family for the last
fifty years; the power OF comforting titles was IN
limited but it was not common TO confer more
than two in any one year, and sometimes years
passed without any being conferred; witness de-
scribed the process He was then questioned some
what infinitely as to his citizenship, his marriage,
bis means of living; his cOmings and goings; his
engagement with Barry, and 30 on; but refrain
from going INTO particulars as to these private mat
ers, which seem 10 be nobody's affair but the
Counts own. There were some questions evidently
intended to convey the insinnation that Sertoius
was tailor, and not Count, and that Huston
place was refuge for adventuIeBi but the Count
de MED both these impeachments.
Mr.. +. G. Winston, treasurer of The Bee Company,
was called He had not received Bis Fee and the Count
wns Obliged to shell out 81 25 sacrifice for which
he amply avenged himself afterward by taking from
the defendants $40 for the privilege of amending
their answer. Mr.. Wilson's testimony was not
important. He did not know who wrote the report
had nothing to do with it, had no malice against the
Count, and 80 on.
For the defence, Il was shown that the Count bad
brought two other suits for 1000 EACH reducing the
damages to $4,000 to keep them in the Supreme
Court. Mr. Urbino, the foreign bookseller native
Of uesse {" Oh! you're Hessian!" exclaimed the
4
in Europe. though he never cared to know titled
men. The Count cross-examned him as to his quali
6eations. and he was ruled TO be not an expert
"a 10 titles. But as to books his expertness was
allowed and he testified 10 the value and
authenticity of the Generations LerteoR and
the Almanack de G0tkd, which, being examined,
seemed 10 show that the Count Sertorius
was if not myth at least lacking in the power TO
make Counts Palatine and Knights of the Golden
Spur. Mr.. Hirsch, the Austrian Consul, and the
of seven German States, thought 1t
required reigning sovereign to confer the title oil
Count: such title would not be recognized in any
Cont 10 represented. Mr.. Hirsch was deemed to
be not an "expert," though evidently very inteili-
cent man. An attempt was made, through him, to
break down the Austrian jew but il did not succeed
A Prussian, whose name could not hear, had SINH
lar opnions as to the lack of power in all but reign
ing Soyereigns to confer Couniships; he also trans
lated the Lerioon and there was no Sarorious there
except Roman General and some others OF the
name, evidently not the Italian exile who lived In
Huston Place. Thomas Barry, the actor and man
aver gaye some dates which enabled to get at his
age and some items Of his history, from which II ap
reared that he had been an actor Tor % years
and was lawyer and soldier before he was on the
stage. He said the Counts Palatine had beer
extinct for fifty years; but he was not an expert,
only reader Of history. George Pa1neefort
comedian, an Oxfordshire man, related how he ono
met a Count SartOris IN Liverpool. He was th
husband of Adelaide Kemble, and was staying a
Bradley's Hotel, while his wife was playing al
engagement at the Liverpool Theater. He had n
business; was apparently man of wealth. Wa
he generally in fundsl" asked the counsel. " Funds
or I'm Z" asked Pauncefort; " he generally was !
both" Cross-examined-W Witness said he was )
years old; had been on the stage IL years. was not
Doctor of Laws, but Bachelor of Arts. " Hav
VA, maid apy suecial attention 10 dgnites 2" aske