The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-10

gel-NRturo Of the DefaRse-CaroeF
and Pedigree Of Madame JameI-EIOs
quent Speeches and scathtng Sars
easm-DecislOn or the Motion Re-
served. .... ...... .Ht ..r
bupreme Court-Chambers before Judge Barnard.
May 9.-Neson Chase OF al. VS.. J. Howard Smith ct
al-lhe count room was crowled to sufocation this
morning to hear the argument of counsel for pan-
tiffs, who opposed the motion made for postpone
ment Of the trial of this case.
Yesterday Messrs A. f. Smitb, e. r. Stoughton,
and ex-Surrogate Bradford, for the defendants
argued IN favor OF the motion to postpone, and l
hour at which counsel for plaintiffs should reply.
Judge Gray, OF the supreme Court of Massachu
Dard.
ARGUMENT OF Ex-JUDGE PIERREPoNT.
Ex-Judge Perrepont opened the argument, in op-
pohhon TO the motion for postpohement. lie
would result to his clients by the putting OFF OF the
trial until October The case was q very i'm Oortan
one, as it involved the validity OF will which ef
property worth over one million of dollars This
will was alleged TO have been made by Madame
Jumel last wife of the celebrated Aaron Burr, who
died in this city IN July last. aged ninety years
Long before the death of this lady, her daughter
was narried TO Mr.. Nelson Chase, who, after her
marriage went to 1--we with her, and continued TO live
with her for thirtyfour years, dovoting his whole
time and energies to the MANAGEMENT of her affslrs
When Madame Jumet arrived in this city from Pro
vidence she was fascinating Young girl, and
putting no at loaruing-house, met with Mr.
stephen Jumel, wealthy Frenchman. They loved
too truly, but not too wel, and child was born,
alter which they married This child Mr.. Chase
subsequently married. although she was not born in
lawful wedlock. This act was nothing very strange
or new among respectable people. Counsel here
narrated several among the British arstocracy
where marriages of this character took place, the
facts Of birth and parentage being fully known to
the partes themselves. After characterizng in
strong, deprecatorY language the attempts made to
cast cOntumelY upon Mr.. Chase, The earned counsel
went on TO reclte the history Of the case since 1t
came nto court, and the repeated attempts which
had been made to bring it to tIial
He contended that no just reason was given for a
further postponement OF the trial The principal OBJ
defense
should not succeed that Mrs. lydia Hull, q
material witness could not be present before the
10th OF MAY. Ills Honor would scarcely have time
to decide the motion before that date The other
side had undertaken to argue upon the merits of the
case. When the evidence ali in 1t would De
shown that they had no merits Let the merits be
shown before tw elve intelligent men and Judge
TheJ 1.-THE pla1ntffs) said that Toward Smith pro-
cured this will fraudulenty. If 1t we're true tGat
unjust assaults had been made upon the character of
postponementg Would 1t not be better to have the
cloud cleared up at once? Judge Pierrepo mt here
went on in an eloquent argument to dlate upon the
earnest appeal to the Court to refuse the motion
made by the defendants. t.. -
ARGUMENT OF MR.. CHARLES oCoNoR.,
Mr.. OConor followed in opposition to the motion
He stated that his object presenting the considera
tons which he supposed bore on the case would be
material from what he nsidered was relevant and
calculated to lead the mind TO q lair consIde alton
of the question, and to exc ude from vi W. far
might be possible ever ything which was foreign to
such tair consideration. When the issues were
settled the DEFENDANTS sought and obtained a post
ponement ior one month, and they obtained in that
order a privilege that the case should be called
at the next term, he March term was thereby
passed Tue entitled by the terms of the
order, to be number one on the April calendar
Without dwelling upon what occurred at the com.
mencement of that efm he would say that the
cause was reached in course upon the April calen-
da, aud that SO conscious were the defendants that
the had no right to move this case off upon the
common affidavit that they resoried to special afi.
dav and set forth the precise and particular reason
why they required the case TO be further post
UUh
were these:-That although there was no difficulty
in witnesses, as they were all about New York.
issre as to the validity of the will on the
question OF pedigree, new light had broken upon
them, and they needed the testimony of Mrs. Hull.
They then obtained on thai motion, and without
further looking at the matter, postponement to the
month of May anG that now, when the month of
May was reached, they renewed their motion. In
addition to the design to produce Mrs Hull, The de-
fendant rendered. through The afhdaVt OF Mr. DE.
vIne one of the law agents employed on behalf of
the d,tendants another line OF evidences TO the same
point 10 wit the pedigree of the Joneses, and that
they also desiT ed to have the testimony which might
possibly be elected by q rummaglng search through
ecclesiastical ana other mnu es, or records exist
ing partly, perhaps, in Boston, partly in Nova
Scotia, and partly Great Britain. he question of
Whether, upon a common atiu ayt the cause might
be moved on 1Iom to another, was dis.
posed of in two Ways;-Flrst, the defendant pre-
sented no such cases, but they presenIed case on
which they relIed and invited the Judgment OF the
Tor such purpose, delay ought to take place;
secondly tLey had TWO months delay since tins case
thing to do with this case There were two modes
of presenting this motion on its merits, one OF which
wac, to make the case short and simple of there
being such witness in expectancy as Mrs. Hull,
and such Investigations as Ml. Deyine spoke OF IN
Massachusetts,, IN Nova scotia, and Great Britain
and they might then have rested upon their SIMPLE
affidavit OF merits. But they were not satisfied
with that. That would have raised questions of
purely and simply legal atd practical nature, and
which might have been PscUssed without any
display OF heat or ieeingby, counsel upon both
sides One OF the counsel IOr the defendants saw fit
to make an ttdaylt order to excite prejudice
upon the part of the Court against the plaintiff, Mr..
Chase, as speeulat1Dg ATTORNEY who had gone about
witlp copper in bis pocket, the affidavit
stated, and induced somebody who had q title 10
this million of dollars OF property to give 1t all to
hlm upon tho chance that he might IN the course OF
LITIGATION, recover IT. and might then be able to give
defendants $4,000. hat was inserted 1or the pur-
pose of exciting prejudice against Mr.. Chase, aud
to afford counsel the opportunity of denouncng him
as q speculator. Mrs. Jume was according to the
rier of fruit about the stlees of PrOvi
dence to sell for q sixpence to sustain nature
who found her way to the city Of New York
women of England are so distinguished. she caught
the admiration of French merchant in this city,
who was very httle older than herself. and in the
beginning of this century she became his wlie and
she lived with him intact, without impeachment of
her honor IN any respect without 'pciOn of her
purity chastity until he passed to the other world,
and thencef0rward for a period of sixty years. she
maintained a reputation which had not been at
tempted be impeached for perfect purity and chas.
tity. In the comm encemsnt OF her union with Mr..
JUmel there was found in her house little girl, her
niece, an adopted daughter, whom she MRS Jumel
cherished, TOOK her to France, educated
her, brought her to this country, sustained
her, married her to a respectable young law
until, Gods good time, when she had reached
sOme forty of age the adopted daughter passed
10 the other world intact and unstaned, ana always
protected and cherished as child She took into
her house two tU bits of children of this daughter