The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-02-09

vsrsations wsss pr1vassed, and THAI " fwonbiy
S... ns au% these so1 1 ~s ,: ss
malice can BE- Ssdaosa from them Every c. Of rwom,
should for sister and he would have been destitute OF
all feeling if he did otherwise Besides this net
these remarks ruef Have they not boon proved 80 by
the plaintiffs Witnesses Can you come any other
conclusion than that bbets crazy on question
after what has transpired here in cour He is not sane
He has proved by his own Witnesses and think
would only DO right TO institute commission OF unacy
at 500 nothing whatever in this 70 send TO
che jury and therefore move that the complaint be us
missed
Judge Leonard-You have said nothing about the eject
this conversation that Twomby had with his sister might
have upon his domestic happiness would like 70 hear
you upon that point
Mr. Fod-I win answer that question by stating that
he cannot claim special damages In consequence Of any
esrangemen between himself and wife, This is not an
action for seducng entcing away tho PLAINTIFFS wife,
made in reference to his insanity What Mr.. Twombly
did say to his sister just what brother ought to say
1t was an innocent act and done without any malicious
motives Besides that there il proof here that any
done by the wife in alternating herself from Tbbes
was the result Of that conversation
Mr. TIBBETs' REPLY
Mr. T1bbets-Thero Is thing which must have
struck your Honor with great force. You will remember
that on the first day Of the trial asked the privilege OF
trying this case ss myself 20 that the jury nigh. See see
and take il away from tho jury The question % DO
shswers the words Of tho defendant uttered in malice
or in kindness Of heart ~ hate him; always hated
heart Even il were insane and he Believed me 70
be he ought 70 have had some symathy for me In
stead Of trying 70 "crush mo- and evincing his hate
every possible occasion during the last fifteen years
The speaker then went TO say that all Twombly's
for the last fifteen years showed that he followed the
his business Instead Of having sympathy for the
plaintiff when no was stricken down by policeman, he
% a Ss aHS s ss feeling bD
had eight hundred thousand bushels of corn upon which
profit Of $500 900 could be made. It was Twombly's
object to got possession Of that corn and realize the
profit himself Finding that the plaintiff at liberty
and attending TO business again usual Mr. Twomblys
next step to try to send the plaintiff to the state
ports about the plaintiffs insanity and got attachmena
out against all his property. he also inter.
caused wife 70 forsake her husband. What
uryman would be willing to weigh his lfc his liberty
ages II my desire TO preserve my liberty and my repu
tation any evidence Of my insanity then take the
from the jury and render your decision accordingly
THE JuDaE's DECISION.
Judge Leonard in deciding the notion took occasion
to remark il was evident that these alleged slanderous
words spoken in the best faith Even II they were
false it was not shown that they were communi-
Gated in manner tending to injure the plain
trs credit In business. Twombly thought that
the plaintiff was insane on the subject Of
persons thought the way and it would be rather
hard hold him responsible for the opinions OF so many
There is evidence that the Meals or Youngs communi
the conclusion that any character for insanity
was fixed upon the plaintiff in consequences. think
nothing connect tho language Of the defend
ant with the subsequent acts Of tho PLAINTIFFS wife She
has withdrawn from the society Of the plaintiff 1t s true
but wo do not know the reason why The complaint 10
dismissed.
THE CLOSING SCENE.
Mr. Field-I move for extra allowance in this case,
Honor II has been very vexatious and expensive
suit and do not think the allowance should be less
sthan five hundred dollars.
Mr. Mllard-I hope your Honor will take into account
the expense we have been TO- gHa
MIR. Tbbots-hlr. Mlard will attend TO that matter
myself
Judge Leonard-Well, go on; what have you 70 says
Mr.. Tibbets-Well, ! will leave IL to my counsel
Judge I.oonard-I will grant the counsel $lOO
CORRECTION.
Mr. Henry Youngs, Jr., Of the witnesses In this
case requests say that there in the re-
port OF his testimony He denies that he said Mr. lib
bets was crazy and says he only considered him tempo
rariy deranged tho day Of the difficulty at the Corn
Exchange and that the day afterwards when ne visited
him Mt tho Tombs, he quito calm and appeared to
be in his proper senses.