The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-02-09
FINALE OF THE TBBETS CASE
The Judge Dismisses the
Complaint.
EFFECT OF THE DECISION ON TBBETS,
&C., &s.p &es
Supreme COurt-Circuit.
Before Judge Leonard.

Supreme Court-Circuit.
Before Judge Leonard.
THIRD DAYS PRoCEEDINGs.
FEB 8-Luthsr @. Tibbsts Horatio NJ T,oosnbly-
The trial of this interesting case was concluded today
and resulted Tibbes being nonsuited as on the pre-
vious suit against W. h Fogg. Annexed Is report OF
the procoedings:--
rIBBETs MAKES A NOTION.
Mr. Tbbets-Beforo going into the testimony have
motion to mako wish to except to tho ruling of the
Court yesterday where your Honor decided that wit
ness could be cross matters not brought out
in the direct s
Judge Leonard-The manner Of conducting tho ex-
animation of witness rests In the discretion Of the
Court You can have the exception noted, but It will
not avail YOU anything Your counsel will tell you that
Mr. Tibbets-I hope tho motion will not prejudice my
Judco Ieonard-Oh no. except as the loss Of time,
that Is all
TIBeLrs CRAZY AT TIMES.
Erastus d. Goodwin depOsed that he resided at Village
Falls Connecticut, within two miles OF the plaintiffs
residence Mr. Twomby at the Falls In the month
Of October or November last; had conversation Win
him on that OCCASION when Mr. T.bbctS affairs were
alluded to; Mr.. Tbbets peculiartes were mentioned
something said about the numerous suits that
were brought conceded with Mr. Twomby that these
suits were unnecessary; Mr. Twombly said no intended
place Tibbcs in position where ne could not bring
these suits; he also spoke OF crushing him out t
Wiasa Hs did. sinco thai time tho plai ntifrs prop
orty has been placed In the hands Of the Sheriff the
cattle horses &c, have all b.en attached
Cross cxamined-I not in Tibbets' employ; have
bought corn for him at times; on the occasion when
conversed with Mr.. Twombly said thought iiDoess
WAS crazy at times . =,
At what time DID you consuer nun cr.Ayf a. oon y.
two or three years ago ne Went " ~ WIN I
and feared he was in his right mind Icopnselled
with friend and got him to stay at his house all night
told snls irene a ho Thhss sos wsr hard W"rkn@
man, ana was smart nun, .ooi @ a.on , pas h o
80 tnat we wcns paoA ~ INC '0' "A' o'o'eA VIZ S0
'iao' w 'A0 1o1
/ saw Tibbets about two months afterwards at the
Howard HOTEL in this city had agreed TO meet nun s
there to arrange contracts. II was IN ths
evening when met him. Fort Donelson had fallen and
gold had gone down. found him quite nervous He
brother was there at the time and l told him that l
thought he half crazy and was operating hazard
was half crazy but that ho always peculiar man.
and the best way was to let him alone.
O. Don't you know that all this property In Connecn
cut was conveyed to Lowell before was attachedY A.
I know nothing about Il except by reputation
Redirect not tell you when went 70 Barring
ton that the miller shrewd ana penetrating man,
and that would have TO meet ham on MS own palormf
Ycs -,s ,,,. ,..d r,., unhu.,noss
~. was my ~, pai y WV" ''-'' 49,
How long after this visit TO harrington did meet
you a. Inc noW noo "a. ccason that wool witch
pa nos 'oM yVu 0m ta nonnd would 90 down 10
IN. n hitEw lung
ELY ~ I as sevsntv cen,s Tbbets wanted me to
tneh ~ low 10 "a vnoI Int held not sce,n to
h. LIND If wool he wanted or what price TO pay
n "" ~ "
aoI -, 400, .av.rea or s., aster tbatS II advanced
D'1 WV
CORN AGAIN. - ..
q. Do you know whether lost on the corn contract
with the harrington Miller A. DO not
Don't you know that held tha' corn anu SOFA " ior
81 10 a bushely A. do not
Don't You know that ieed mas advanced oouDie
since bought the lot OF tne harrington manf a oe
By Juror-Dd you consider him crazy IN these corn
contractsS A. ] thought he maze ioesn contracts; !
the time.
Re-direct-Did not Tiboets always .eh you Una. ne
coula max more money ny sns a., ia i"s'' ~ WIN
M ir;hhe,s Nav Il niesse the Court we have letter
herr written by Mrs Tibbes 70 her brother which
want to nut In evidcnce
Judge InnardMYoa will first have to prove4he hand
wrtny
~aad 10 svidanca. we object 10 the reading of n
Jndge Ieonard-The objection Is sustained The wife
cannot he 4 witness against The husband
NJ Thhets Rut II l. not an intercepted letter
Judge Ieonard-It makes NO difference whether IL il or
not You cannot use that letter any more than you
would the wife herself If she were here wife cannot
testify against her husband
OFF THE TRACK AGAIN.
William Richards deposed that he attorney and
Counsellor Al law the paper now shown me is the one
bsndcd ~ M Tibbe,s
Judge Lconard-what paper is this?
Mr. Tbbets-It is order compelling to give bail
Judge Leonard--what have we to do with THAR
Mr. Tbbets-we want TO show that II was procured Ut
the instance Of Mr. Twomoly out , OF ,s,, n
connection with the case There Is suppose
that there was any malice revenge in procuring that
order
Mr. Tibbets-Is not malice an element In this cases
Judge Leonard-Yes but the law in this case pre-
sumos there Is none to be drawn from that order.
Mr. Tbbets-Is not the jury 10 be the Judge Of THAR
Judge Leonard-No arm the sole Judge of the law
in this case
Mr. Tibbets-I propose TO put my attorney on the
stand ~ prove that a resident Of New York, and
that not necessary for Twomby to compel TO
aive bail AZ a non. resident
Judge Le6nard-Wc have nothing 70 do with that mat
ter That 10 a side issue.
,rc,,-s p,rr,S,s rrsrruoSv
rrc,,s p,rin denosed ihat bo was = .sonar At
,.hca 70 Tho Ridreaed comfy court in the state Of
ssa,, ~ e ' $500 " w ~ "
oonn.o' ,u..s vh., IA co. ,o,aoa - .-a. - .h,.
w,,noss, : r - -
~ Thh.,s TIM. an The su;, nov nendino bo,w.or nv
IA rs,.aiS ,n,sa o,vo,ce ~ Tro,b,, 80. sni, ~
=, y,,nn,s and refused 70 attend aba, an ords,