The New York herald., 1866-05-09

Argument TO Postpone tho Trial-Spicy
Debatc-The Antocedcnfs Of Madame
Jumel. 60.

Jumel, SO.
SUPREME coURr-oHAMBERs.
Before Judge Barnard.
MAY 8-Nefsom Chase et al vs j. Howard Smith ct
aI-M one O'Clock to-day the hour announced for the
argument to take place 10 postponement Of the trial
Of this interesting case the court room was crowded by
those anxious to hear what said upon the occasion
Messrs. Charles O'Conor, ex-Judgc Perrcpont and Wm
Fullerton appeared for the plaintiffs, and Mcssrs T.
Stoughtou, A. f. Smith and exSurrogatc Bradford for
the defendants. The room IN which tho Chambers OF
the Supreme Court is held Is limited for space that
the hearing Of the argument was adjourned to Part
On Judge Barnard taking his seal Mr. Smith applied
for leaveto read additional affidavit as to the Witness
Mrs. Lydia Hull who stopping at Susquehannah sta
MI O'Conor objected to the introduction Of any
into the case when Judge Barnard decided that
the portion Of the affidavit should be read which alluded
to tamperng with Mrs Hull in sending her out Of the
Stato
Mr. Smith then went on to read the affidavit Of Mr..
Michael W. Devnc stating that he had called with Mr..
Gardiner the house In Brooklyn said 10 be occupied
by Mrs. Hull and they found she had gone to Susque
hannah station Pennsylvania and that this the hrst
informal ion they received relative to her The affidavit
of Mr. Gardiner points, and to his connection
with The entire matter contradcting sdavits the
other side wes also here put IN by Mr. Smith An ain.
davit also read setting forth the contents OF tho will
made by Madame Jumel in 1851.
Mr. soughton inquired what was the object Of tho in
PRODUCTION of this VIII.
Madame Jumel, she had explicitly stated SO In the
document purpose of proving that Mrs Jones was the
sister OF and also 10 prove the intention OF inc teStax
in the disposition OF her property
After he reading of other adavits Mr.. Slough
ton proceeded to argue the case on the motion for
postponemen He remarked that II was motion OF q
very simple character, and upon simple point. Tho
introduction Of andavts such q motion almost
trial of the case and lie favor Of the rule which
had been use Of accepting the statements OF counsel
to the precise condition OF things This was simply
fendans to get ready for trial II was expressly sworn
to by Mr. Chase that he was In possession OF seven
,enhs not the entire estate s co9d Of Madame "nss
to HIM or tho other plaintiffs In the suit in post
ponemen of the trial The points brought forward tor
ho defendants, had made every effort in their power 70
DO ready but It positive that thcy could not
Brought for the purpose Of getting possession Of pro-
pery worth million dollars, and would take up
good deal of time and labor In Its trial. II the
tried in orderly and legal manner there would
then be end to It. The suit not brought against
Mr. j. Howard Smith individually, but against all tho
other charitable institutions mentioned In tho will OF
| Madame Jumel Mr. Stoughton then went on at length
to diate eloquently upon tho facts which were
records Of the Town Council Of Providence which gave
dates and particulars to tho birth and history Of
| Madame Jume; her mother. Phebc Bowen, and her
alleged sister, Mrs Maria Joncsc-oniondiug that those
records together with other corroborave facts proved
concusivey that Mrs Maria Jones was not tho sister Of
Madame Jnmcl, but another person, and that her
children consequently not blood rotations Of the
lady whose will is now being contested. Those wero
the principal points SGT forth by Mr. Stoughton In his
argument and he concluded by reierating hts request
for posponcmnt contending that clear necessity was
ExSurrogatc Bradford followed on the side. He
remarked that the aspect OF the case then stood,
! most extraordinary He had applied TO coui-
sci for postponement, when he answered that 1t
could DO obtained except by force The character Of
j. Howard smith, minister Of tho gospel, had been
sailed; also the character Of Mr. A. f. Smith. one Of the
counsel for the defence He (Mr Bradford) could not
well stand in the face OF tho community and have such
assaults made upon him without rescntng thcm In sono
way other In regard 10 tho statements yade against
those gentlemen he could state emphaticaliy that they
were wholly false. There had been but one intention
exhibited by counsel on h's sdo since tho commence
Of the suit and that intention wac 10 get at the
truth Time should be given counsel before the
brought on for trial He (Ar Brsdford know nothing
which taxed the mind Of counsel much the
trial Of litigated will case; no investigation
worked the intellectual energies largely searching
into pedigree In the before the Court all those
difficulties 20 be surmountcd. II had 70 be deter
mined whether Madame Jume made will whom Il was
made II not question OF sanity or insanity
but question as TO whether any undue influence had
been exercised After further remarks Mr. Brad
ford read the alleged will Of Madame Jume, which Is
now the subject OF controversy and which has already
been published in full in the HER1.D He then went on
t. argue In able the merits Of the case,
contcndng for posponement, and laying before the
| Court the necessities therefor
| Judge Barnard, at the conclusion Of Mr. Bradford's
remarks, adjourned the court appointing two O'Clock to-
morrow wednesday, afternoon, to hear counsel the
| other side In opposition to the motion.