The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-10
THE MArAME vMEL WILL CASE.

Coneiu ding Argument or CounsoL- Ma
turc Of the Defenee-Csreer and Pedi-
sreo OF Madame Jumel-Eioquent
speeches ana scashing sarcasm-Deci-
sion ON the Motion Reserved.
SUPREME COURr-CHAABERs'
Before Judge Barnard.
MaY9-Nelson Chase ct al ps j. He.oard Smith ct al
The court room was crowded sufocaon this morning
70 bear the argument Of counsel for plaintiffs VINO OPP
posed the motion made for posponement OF the uai
Of this case.
Yesterday Messrs. A. f. Smith, E. r. stoughton and
exSurrogats Bradford for the defendants argued IN
favor Of the motion to postpone and one O'Clock to-day
was set down by the Court the hour at which counsel
for Plaintiffs should reply.
Judge Grey, Of the Supreme Court Of Massachusetts,,
occupied seat on the bench with Judge Barnard
ARGUMENT Ex-JUDGs PIERRkPoST
Judge Pierrepont opened the argument in opposi-
tton to the motion for postponement He commenced
by abiding 70 the manifest wrong which would result
to his clients in the putting of Of the trial until OCTOBER
Tho case was a very important one, as it involved the
validity of viii which hft property worth over one
million Of dollars. This will alleged TO have been
made by Madame Jume, last wife Of the celebrated
Aaron Burr who died In this city in July last aged
ninety years. Long before tho death of this lady her
daughter married 10 Mr.. Nelson Chase, who AFTER
his marriage went to live with her and continued TO live
with her for thrtyfour years. devoting his whole time
and energies to the management Of her affairs When
Madame Jumel arrived In this city from Providence she
ing house, met with Mr. stephen Jumel, wealthy
Frenchman They loved too truly but not too we'll and
achild was born after which they married TINS cn,a
born In lawful wedloek. This act was nothing very
strange among respectable people Counsel here
where marriages Of character took place. the facts OF
birth and parenage being fully known TO the parties
themselves After characterizing IN sropg deprecatory
LANGUAGE attempts made to cast c0ntumely upon Mr.
Chase the learned counsel went on to rece the history
Of the case since came into court and the repeated at
tempts which had been made to bring u TO trial.
He contended that reason was given for further
postponemcnt Of tho Trial. The principal objection put
forward by the defence why tho should not pro.
coed was that Mrs lydia Hull material witness could
not DO present before the 10Th Of May. His Honor
would scarcely have time decide tho motion before
that date The other side had undertaken 70 argue
upon the merits of the When the evidence was
all in it would be shown that they had not merits Let
merits Of the be shown before twelve intelligent
men and judge. They (the plaintisl said that j.
Howard Smith procured this will fraudulenty. If
that unjust assaults had been made upon the
character of Howard Smith, why were they SO anxious
for posponemen Would II not be better to have the
cloud cleared up at once Judge Pierrcpon here went
eloquent argument to date upon the questions
ut issue the case and concluded with an earnest ap
peal TO the Court TO refuse the motion made by the de-
fendants.
ARGUMENT or Mr.. CHARLES o'cosoR.
Mr. OConor followed in opposition TO the motion He
stated that his object in presenting tho considerations
nd rre"vsnt and from
what he considered was relevant and calculated to lead
exclude from view az far AZ misht be possblc eyery-
thing which was foreign to such fair conside ration
When the ISSUES were settled tho defendants sought and
tanned in that order that the case should be
called at the next term The March term thereby
passed over The entitled by the terms Of the
order to be number ono on tho April cal
endar without dwelling upon what occurred at the
commencement of that term he would say that the
nd in ha Anr cal n1ar
and that so conscious the defendants that they had
no right to this Off upon the common afda-
vii that thew resortcd 70 ia affidavit and set forth
the precise and particular cason why they required tho
case 70 90 further postponed They then stated their
which were these That although there was no
dficuity in Witness as they were ali about New York
70 meet what had been called the plain
issue a. TO the validity Of the will on the
question of pedigree q new ght had broken
upon Them and they needed the testimony OF Mrs Hull
They then obtained on that notion without further
looking nj the matter to the month of
Nav AID that now when the month Of May was reached
thew their motion In addition TO the desire
nro1rcn Mr.. Hn the defendant rendered. Through the
affidavit IL Mr. Devne one OF the law agents employed
ON behalf of tho defendants another line Of evidence
the same point to wit tho pedigree of the Jonese and
that thoy ai-o desired 10 have the tesimo-
nv which might possibly be ELECTED by q rum
magng search through ecclosastical and other
minutes, or records existing partly perhaps IN Boston,
question of whether upon common affidavit, the cause
might be moved OF from one term to another, dis
posed of in two wavs-Frsi tho defendants presented
no such case but they scented case on which they
relied and invited the Judgment of the court to the ques
lion whether for such rea, on and on account of
absence of such a witness and for such psrpose
DELAY ought TO take place; secondly they had two
months delay since this case might have been tried
therefore ali that had moth M 10 do with this case
There we're two modes OF presenting this motion
on its merits one OF which was 10 make
the case short and smple of there
being such n witness in expectancy az Mrs. Hull and
such as Mr. DIVINE smoke OF In asachu
sets in Nova Scotia and Gre at Britain and they might
then have rested upon the simple aidayit OF merits
Bnt thew were not satisfied with that That would have
raised questions Of purely and simply legal and prac-
cal nature and which might have been discussed with.
out any display OF heat or feeling BY counsel upon both
sides one of tho counsel for Tho defendants saw III TO
make an afldayit In order TO excite a prejudice
anon the mari OF the Court against the plaintiff
M Chase as a speoulating attorney who had
rone about without copper in his pocket
az the atIdayit stated and induced somebody
who mad a title 10 this million OF dollars OF property 20
give ali 10 him upon the chance that he might in the
coursc of gaton recover il and might then be able
give defendants That was Inserted for the pur.
bose OF exciting prejudice against Mr. Chase and 10
anord counsel tho Opportunity of denouncing him az
succulator Mrs Jume was according TO the proofs OF