The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-13

he HsSsrs ~ .s ss 3 S , s o '
alleged in any Of the answers in this aetionf
1880 JUDGE RARSARD's s1iARcE I. ETA
Judge Barnard then charged the Jury AZ foilows:-
+ GEsTLEaaES or rHE JuRy--lt would seem, from thu
shape which this action hos taken that PERHAPS al the
Testimony which these parties might have Produced on
either SIZE has not neen produced We have 20 deter
nve questions TO be decided ny you. Three OF them
there seemA 10 be no dispute upon The Judge here
rccaptua the issues There seems to have been
allegation In tie peadings that the decd OF July 20,
1895, 70 Chase from the heirs Of the deceased sister,
proof that ISSUE and consequently tho issue is made
MP by the Production OF the deed, 20 That you VIII an
swer 10 the 1flh inquiry, "No.n That leaves you TO
eeassa ay 4 asamo o yume o. sona and pns
mind at tho time Of the execution OF tbis VIII
IN April 1909 Tho proof that point s not obtaned
from many wtnesses' You have the evidence Of thu
members Of mo family Of the lady ana Their evidence
Is wholly uncntradic,ed J. seems ina, tnis laay wno
mental charsEer-a decided change She had some
thing like rmraiytic apopecc stroke at Saratoga
She was lakes home BY her friends and relatives a.
her home she the snbiect Of those dei1sions OF
which eydence has been gwen before yog, rnoe de
insanity OF tina lady and Of the utter DANGER of jury
UNFOLDING q VIII az the will Of sane woman II you
should believe these things 10 be true and " she
made a VIII based upon this belief on her part,
that her relaes-her grand nephew and grand niece
mind Is required IN person making will which
would bc prom tho act SOUND and dsposlng
mind. Thereseens TO be no dispute TO the existence
or these densons for the witnesses on the other side
testify to them and tho Clergyman, the Rev. Mr. smith,
testifes that he heard the same thing BESIDES tho add
tlonal charge II relation to himself In addition to the
testimony Of the facts you have what IL also powerful
testimony against the sanity OF ths lady. You nave
the testimony Of accomplished physicians who visited
her physicians and examined her mental character
istics and pecu artes who accustomed 10 do such
things both Of whom tell that nj the time OF tho
execution OF hIs will she could not have executed
q paper the act OF sound ana disposiDg
mind. II Is tor you to decide upon all the facts
OF the case. II you say that this viii Is the
will of person, the effect Of II will he to transfer
tho property as the will directs n you find TINT tho
win not the will OF sound, sane, natural dispong
mind this property goes TO the heirs at law, the
" no will had ever been executed by this lady. You
will therefore these questions and answer them.
The jury retired TO their and after absence Of
few minutes returned. Nt"
The clerk addressing the foreman Have you agreed
The foreman "we have We end for tho paintifs
and that Madame Jumel OF unsound mind I"
The issues then handed 10 the clerk the
70 the first three questions being IN the affirmative and
the two last in the negative.
SUPPLEMENTARY ISSUE
Mr.. OConor, addressing the Jury, said :-Gentlemen
have said to the counsel the other side would
not object, but would consent to your finding, sup
Elementary statement that there coercion, fraud
or undue influence employed by Rev J. Howard Smith
In reference TO this paper We acquit him OF any bad
motive and II the jury willing TO find that have no
objection MH
After brief consultation In the jury box the foreman
stated that there was disagreement among the jury
upon that point that they did know that they had
anything 10 do with IL, as they had already rendered
their verdict s
Thus ended this Important case.
For the plaintiffs Charles O'Conor, judge Pierre.
pont, James c. Carter and Charles r. Whitehead.
For tho defendants, +. r. Smith, Mr.. stoughton, A.
W. Bradford and Michael W. Divine.