The New York herald., 1869-02-21
SUPERIOR C0UaT-spECIAl Term.
A Heavy SQunbble Over 100000 Estate--
Suit Tor Libel the Resut-Qncer AIIcga.
items and Denials.

Heavy SQuabbIe Over n 100000 Estate
A Suit for Libel the Rcsuit-Quecr AIIcgn.
items and Denials.
Before Judge Freedman.
D. O. BbdSdU rs. John Liri70st0a. This is a suit
brought for libel The circumstances being rather
peculiar the matter before this court yester-
day on motion to order OF arrest granted
against the defendant The complaint charges that
certain letter by the defendant the 2yth Of No
vember last TO one VIM. Winter, and addressed TO
him private and to be delivered personally, was
FALSE malicious and libellous. 1t appears that the
defendant Livingston, is a brohcr-in-iaw to Winter
and that the plaintiff. Birdsa is the trustee and at
torney Of the estate OF said Winter The letter re-
ferred to informed Winter that he had been plum.
dered TO the extent OF nearly $4,000 by Brdsall;
that Winter in dangerous hands;- that " Bird
sail Is one OF the worst OF men, and urged Winter
II he valued his fe,n to "nyn from the residence OF
some relatives OF the plaintiff at Tarrytown where
Birdsall mad obtained for him accommodation. A
postscript TO the letter advised Winter as lollows-
,.Birdsall has been indicted, and VIII your money
o keep himself out OF tue state Prison.
4 he can n !, appears that William Winter Is the
son OF Gabriel Winter, deceased, In his lifetime a
lawyer OF this city, Of good reputation and immense
wealth. Gaorel died IN 1862 leaving property
valued at ABOUT $500 600 to William, his son. and
two grandchildren. Livingston claims that this
property has now increased In value TO about
anu that the annual rental Of the property
ing L. l., "a 200: tnat from 1890 up TO 1862 william
Winter was treated as aperson Of unsound mind,
and recites numerous actions 6f Winter To support
bis theory, among Others that he was the ''Duttr
and object OF derision OF the boys OF the village OF
Flushing when he resided there: that he would
barrier property Of value for absolutely worthless
trinkets; that he would do any absurd thing which
other persons would Instruct him 10 do: mat his
room was perfect museum Of old hats boots,
boxes papers, toys, &c, which he collected at vari-
Gus times: tnst on one occasion he partered yau-
home aud kicked the tea table over, because some
boys In the village advised him so TO
do; that he was an object OF sport aud derision
TO '.'evea the negroes1 OF the village, and would
sing vulgar and obscene songs IN public places
and around the hotels; that he was In the habit OF
.spouting sha9speare his tastes ncllning particu.
larry 70 selections from lianlctr and Richard ll;'
that his language and haDits were so disgusting,
obscene and nltly that he was not permitted TO par
take OF meals with the members OF his family but
ate with the domestics IN the kitchen. and that he
also wrote certain scraps OF incoherent poetry and
prose, printed copies of which submitted to the
Court, and which were OF the most shockingly dis
gustng, bestial and sensual nature.
The plaintiff after setting out the libeilous letter
referred TO- claims that "Liviiyslon has since that
date continued TO write false. malicious and liDelous
letters 10 numerous persons whom he names residing
In the counties OF Westchester and Ctnre, concern
ing said plantG and alleges IN his aldavit that
Livingston has tried through perjury, subornaion Of
estate OF william Winter; first, ny proceeding de
lunsatico ii,quirenfo against In, commenced
and concluded In 1868, by which said Win
ter was unanimously declared to be OF SQUAD
mind, aud such finding was affirmed by
him to make trust deed OF ms property TO &c.
ponent tBirdsal under q positive assurance that IL
he would do so, he, livingston would never
again trouble him in any manner, aud, after such
trust was made ne tl.ivlngsion) c0rrupuy ana
wickedly attempted to brine this deponent 10
render SAID trust to him for large money consider
alton. which was spurned by uep0nent; third, by
institutng proceedings 10 remove this depOnent as
such trutsee In tne spring OF ls64 which said pro-
ceedings were carried 10 the Court OF Appeals In
1865, and 10y that court unanimously decided IN
favor OF this eponent and SAID Winter and against
said Livn, ,ston, who was compelled 10 and did pay
the costs Of such proceeding; aud. lastly, by TINS
attempt, through publishing false aud wicked and
malicious libeis, to induce said Winter and others
10 believe that this deponent was and IL wicked,
designing and dishonest man." Birdsal further
claims that Livingston has inpeded and embarrassed
the payment OF taxes on the estate OF said Win
ter and thai heavy interest had accrued thereon by
reason OF such de.ay thai for SIX years past Winter
has had full control Of his own actions, expend
lures, dress, &c. that he h& always conducted him
self properly, and Is man OF sane mind.
william Winter, In his affidavit says he has no
knowledge Of some OF the averments made In an
affdavit 10y John Hurley December 20, 1858, but
denies that deponent lWinter as stated In such am
davit Is OF uns0und mind; and he also denies that
lie tWinter) was ever removed TO any place BY any
persons whatever "but he solemnly swears that all
81 mis- actions-except wherein he has been con-
sfa neu In those actions by the vanous conduct Of
JOAN Livingston, who has continuously persecuted