New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-04-04

SUPREME coURT-CHsxBEns-APRILa -Before Jossice
CLERRE


SUPREME CoURr-cHsxBEHs-APRLa -Beiore Justice
CLERKE.
DECISIONS
d.. II. Wharton Smith ct. al. ACT. Independent
Tin. Of TELEGRAPH John Csnrc sgt Josiah $ Ferris e. a.
TITO People Of the State of Newfok ss The Third ave.
H.irondCo. Fmdu.. settled.
Before Justice MULLEN.
william Euins ss Ams,a B. Howe. Motion fc- new Trial
denied Ja.s sssrnan at, ferdinand ssIhin Judgment
G sn,ih for note With costs Daniel b. Taylor sg Ge0rse
IS Beeb-. Case settled amended Henry Dowe sst
as"' H. s Ms .. 1sd H. Tno1us Judgment
aside ,id r,i ord red costs TO abide event les"a
Muller al, Louis Windcpmuller. Judgment Tor Defendant
Before Justice LEOsAED.
Aim NJ Snowman at, s. 8. pO.'!sy Unless the plaintiff
hA make ~ and ale judgment. ro ~, ~ osy.
CIaourr-APHL a-B.for- Judge PEcKHAx
THB MERCHANT WILLS.
Selma \. Cunning ham and others agt Charlo,te
A. Conov-r and OhetsThis case Is continuation o. me
s,rure between the sisters Of the late Mr. Nlsn H. .rr
ehsni and MI. Lour.. twill DO rememb red that Mr. ser.
will by which he len the bgk o. ms properly
10 Ms LouEa the present defendants that the viii WAS alter
contest. proved before The sITTos.e ara N spPrI
will discovered which Miss Louza aese. to be ,ioser,
leaving property between hs sisters the paniin' u
hi. action. Tnis. atsr some contest was admned 10
probate End an appeal tsken the issue formed on this
appeal sent 20 Jary for TRIAL On inc opsnis sr
FOR the plaintiff stated that the case involved about
That the father OF the defendant had et bis prop
er;y dis THREE children the plaintiff. and MI Mscan
his legal sdviee; that the present defendants were
strange drv'ee' having ved IN TOP c1. 81 noo,e
second will than such esa,e~s he then
and the discovery ofthe second WIZ
That cry had been raised against this second VIII oil forgery
and the papers .for had been made TO create
public opinion sgsnst the present plaintiff That even the
Judiciary had tempered with and an Indictment lnsshed
found against Witnesses in the case That witnesses
had been inundated until they were AFRAID 70 come into
court Tha, Mr Cunningham one Of the Psinhs had d.
will early In lSt AID lad had an opportunity
to .apprc.. it had he desiIei so to do.
Mr. Readings testimony taken on former occasion, was
then read by consent tie had received from Mr. Clarke In
Febuary 1902 informing Tim that Mr. Clarke lad in
his possession parcel belonging the deceased MI Mer
chants that he had Tor It. and ener paying MI Clarke
$50 for services formerly rendered TO Mr. Merchant lad
taken 4, away that in il he discovered this second will
MIR d. b. Clarke sworn. said: lie Lad known MI Merchant
for some time practicilg hwyer Judge aud
member of mby that Mr. Merchant had left parcel
with him months previous TO his sending ncte to Mr.
this parcel not oat Of his possession till he
delivered to Mr. Reddinf meanw lille 1t wssinh. book
he had done business with Mr. Merchant and r Mer
obsnt owed him money the 80 be paid less than be
thought due him. go
On bis cross he said be had been Police Mag
IN 1854 BY appointment OF Gov. Seymour les knew
Harley Of the witne.se5 to the wi but not his hind
writing be was not intimate with HIM witness lived in
Boomhedie in 1881 but did not know Harley when he
vne al was seng uk he In the habit OF reading all
In. dsiy papers, but did not Of we matters connected
Nth ~ death will till day two before he
rots the note Mr. Redtng; the due him wn for
Mr. Merchant had been In the habit OF consulting him
on an average week and had paid him IS; wit
had hi. been politician; does very little legal
business derives income from his sons had had good
many paper, of Mr. Merchants which he did give up; he
had not read them all there might have been wiz among
them Adjourned to to-day st ~ T. IN.
SUPREME COURT-SpKci.L TERn-APRL S-Befors
Justice GARviS.
DECISION.
Russell Sturges agt. Paul Spoford. Case set
tied Papers in Clerks office.