The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-02-07
THE CORN EXCHANGE alBR0Gll0.
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TIBBETS in A NEW CHARACTER
uc Takes His Case Out Of His Lawyers Hap&
and Tries II HIMSELF
INTERESTING PROCEEpHNGR
sPIRiTvAllSM AND MIRACLES,
Ae>, &C., ~.
Supreme Court.>Sarcuit.
BSOre Judge Leonard.

Bsiore Judge leonard
Fm o-LsAe-E Tit5ds u Waiam H. FoUl-n(his l
~vss one OF seies OF ssnss suits growing out ~ ~
ssneuy between the painus and the managsr~Sf The
Corn Exchange. The pAiasd claimed that onlcr Skout
February g. 1854 the dsfcant circulated the repS that
ae THE psass was insane, and remarked hsdhsought
not to be allowed to do xsiness Change, ssAs
dangerous man. who squanderng his lsrSpsrty and
would son become fpcolvent The for We plaintiff
was opened by Er Willard, who state<l th& damageB
were hid at fifty tso.sand dollars The defendant beinz
merchant Of very nigh standing, hsse ssnderous
marks fell with &ausuai weight mum s6s lips; Andis
sient was danseod a large amount ia proposed to
put the plaintiff on the stand whenitno jury would be
able to deete the of the ausares inflicted and
sender a verSirt accordingly.
rrfc PLAINTIFFS TESTIMONY.
Luther ~ obets deposed that NO was the pintif IN
This case on the sth Of February ass was engaged in
the corn 6ve carried uhat business the Pro-
duce Exchaave and at 13 Moore street. member
of the Corn Exchange, which is nearly opposite my
known him from bcyhood married hisaiece have
bad dealings with him for the uast fifteen years. the dc
PENDANT as an importer Of China goods, and was
director the Park Bank; IN the habit OF getting
accomnv dations in that bank shreugh Mr. Foggs infu-
70 raise money saying had large OF corn on hand
told hm that had trouble with certain commission
ence Of the Corn Exchange; Il sad it was very hard
70 "a money among the Corn Exchange men; he said
ne da not know OF any told him that thought
$500 coo advance on my corn, II he would give me
letter of introduction to that Arm; he refused
however, the next time called upon him he said that
my course on the Corn Exchange was very strange he
spoke about Mr. Fiske against whom had brought
suit, and said that he bciievedtr doing Mr.
Fiske high minded honorable man; he advised mo
to change course tho Corn Exchange and retire
from business, and said wead be excluded from the
Corn Exchange unless did SO; told him that in
tended to DO what was night, and that would never
leave the Corn Exchaa until compelled to do So
and If was expelled wout be at the peril of those who
excluded me.
ivad
ant pr TO the Sth of February last the
several thousand dollars; have had notes discounted
Mr. lard-May II please the court the pla ntiG is
DESTROYS Of conducting the examination Of the next wit
than do and II would he doing him injustice 10 re-
fuse him the privilege OF trying tho cause2
Judge Leonardo think the client will faro better II
he allows his counsel 70 ary the cause.
Mr. Tibbets-But therssare three counsel the other
side and we have only i believe Il have the right
70 examine the witness
Judge Leonard-lr indulge you in this instance yoa
must go with the entire case yourself
The best can
Archibald Baxter, being dduly sworn, deposed fol-
q Had yol conversation with Mr. Fogg on or about
4 To you any further trouble I will say that
never had any conversation with Mr. Fogg in my lne
John Fairbanks testified that he met Mr. Fogg the
Tombs when he EstIng the plaintiff in his cell had
conversation with Mr. Fogg but could not give the
II he auss sn he
said yes, that he latve OF his wife no said he
felt some sympathy, and that II he could do him any
power; asked Fogg what Tibbets' antecedents were
when he replied haiihe was possessed Of some eccen
Y DID h say he was crazy on the corn question: A.
@ Did he say anything about his iinsanityf A. He
ss,d he was given to spiritualism
Q Did he say I was dangerous man to robustness
within A. think he did he said some Of your opera
tions were unbusinessike and rather hazardous
O Did he say il was unsafe to do business with mes
A. H. said the kind Of bus you engaged in
would not be courted by the bank.
Q Did he thatsthe business dangerous one,
or that managed n in dangerous manner A. That
you managed IL in dangerous manner.
Q. Did he give any reason why the business was
managed in a dangcpeus manner A. He did not
Mr.. Tbbcts-That is al. We rest our here
Mr. Field-I suppose, your Honor, it Is hardly
sary address the Court viii move for a dismissal Of
the complaint without going into any evidence.
Mr. Millard-one moment We are, not closed yet !
announcement that he rested the
Mr. Tbbes-I WI take the responsibility OF saying
that we rest our case here. (Sensatonl
Mr. Field-And take,the responsibility OF moving for
dism sal Of the complaint The plaintiff has failed to
prove his and shouldb nonsuited.
Judge Leonard-Iias TIE plaintiff nothing 10 say in
opposition to this motionY II
Mr. Niard-I hope have done my duty yonr Honor
Mr. TbbetsI hold that the defendant liable upon his
answer. He admits that | am insane, and that am a
dangerous person u do business with
He denies that he made sof the sandcrsas remarks
impated TO him at that time and sets up insanity
defence. IL Is SANDER lorlm TO say In the
your complaint that YOU are insane.
Mr. ribbetsNo man has any rsh, 10 say that another
Judge Leonard-Ysu CANNOT maintain your action by
anything that SAID afterwards think this tiscis
son has gone far enough will proceed TO dismiss the
Mr. Fied--I for extra allowance for counsel
Gee.
Judge Leonard You may take. $50
CASE NO. Two-MRs- o'NEALia EVIDENCE.
Luther O. 71tbets Hm'aiso " T,oos,LIy -This a
similar suit growing out % che Corn Exchange trouble.
Twomby, who In brother in law OF the plaintiff
charged in the complantsrh having accused the plain
tin OF being insane If having tka the best thing
nd
that be intended TO take chss OF his business and tlue
him from the psnitaa,ssry or haa ging perhaps
The counsel In opening tle for the plaintiff said
that these remarks wcm made in the presence Of the
plaintiff wife Mrs. 0'NesG and her husband Dr. ONea
and the iatcrs father-inLrw Nj Lowell Efer reading
the complaint voumnsas uca imcnt, covering several
aozcn Iagcs-he called MAS. OlNcal 20 thestand The
examination was conducted by Ut Tibbets 18th the fol-
lowing result
Eliza y Neal deposed thaf she was acquaiated with
February ast Mr. Twomby called ri my house and said
the best thing for Tbbcts frIcnds to do wousa be
that he would lose all his properly in these wild specu
latonsj there we're many other nlngs aid; but h pur
Mr. Field-Ssysr mind the puport; rive us the enc,
Mr.. Ncal-weil don't Jump at me 50 suddenly; IT
Mr. Fiold--oh, wqn We win not Jump n you Gsauss,
q What did he say "a TO the plaintiffs unatncss for
prsincSg a, He san iic was rash and Will In those
spccuaions that he the defcndan would have 10 take
care . the rsintns ~ perry for him.
o What else did he aayS A. The next day whom I
saw him he SID be woaie not give cent towards his
bal unless he would give 10 busn AZ and retire 10
The ARM this his sirs qua non
Mr. Fied-Dic he say nat this was hls sine gsn NON
or sre, these your wordsf
WSress-ThOse his esn words
@ whowas present during shis conversation A. Mrs
Tibbets aud myself.
A wnxEss
Cross exam Ded-Tks second conversation occurred ON
Che 9th OF February A. think Il did.
Mr. Tjbbes had bosn arrested the sth aud taken
70 the Tocs for an assault upon come one at the Corn
Excbangc3 A. Yes
Q Mrs. Tsbbets was thes out OF ts~nf A. Yes
q In Copnecticuv A. Yes
q Did her husband live with herf n suppose So
q DO you know whether he did or nei A presume |
SOL know moth ing 10 the contrary
g Upon his arrass did abs COM 40 New York; She
DO .you moan 10 cay thai yos were pvesent in the
room With Mrs bbes and her brother ~ their reQuest
a csIpe INTO the room while they were conv@sing