The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-02-28
LIE JrMEL EsrarE. saOOo,oOo

sing sing-Anoiher Triumph for the Adj
vocetc of Right.
Specially reported for THE SrS by our Ciceiohlan ie
porter, the Count Josnnes.
AT the Special Term Of the Supreme Court, on
Saturday last. an unprecedented application in The
history Of the Judiciary took place, II being made
by Counsellor Joannes behalf Of his clients, the
heirs at law and next OF kin, nephews and nieces OF
the late Madame JumeL and representing property
by the action valued at three millions of dollars.
Judge George O. Barnard presided, and on the
bench also was learned Judge from ueighboring
district. The courtroom was well represented by
the members Of the bar, by our citHens, and
strangers. Beside the Count Joannes, immediately
upon his entrance, stood q remarkably handsome
boy OF about fourteen years Of axe, perhaps the
future Count Joannes AS usual, the Counsellor
was sauted BY the Court.
DIALOGUE.
JUICE DARSARD Good morning. Count.
CorSsELLoR JoANNEs-Good day to your Honor.
JUDGE BARSARD--That is fine boy beside you;
he has splendid eyes.
CoussHLIoR JoASsEs-In that respect he is wor
thy OF being your own sou. May l have the honor
OF addressing the Courtf
JupGE BARSARD--crrtaniy, Count, at all times.
CoussELLoB JoASSEs--I rise sir, as Counsellor Of
this Court in what may be termed matter OF priv-
loge, and aDiicss cHriG, friend Of the Court
for have motion 70 make but In protection OF
my clients from the injurious effects OF On alleged
public declaration by your Bonor-oxtra judicial in
character--from the bench, but which l. in your do.
fence, have denod that you ever uttered. May l
proceedt
JuDeE Extraordinarily proceed freely, and
with your usual Independence, whatever the subject
COUNSELLOR JoNNNEs-Th1nks for your courtesy
l call y9ur attention TO the matter Of the Jumcl
estate. You may remember that when the many
Rhoce Island claimants we're disposed OF in this
Court, by tbs trial aud dismis sal OF their sctios
presided aud an application being made by deiand,
$4,000. This was instantly reported In the NtT
Iork Times, md copied in otAer newspapers: and
In that report 10 Nas also puOlished-and here IL my
point OF priNuegO-that YOU, Judge George g. Bur
ngJ, also said publicly from the bench at that time
these words, VIZ: This man Chase, .. O., Ne'son
Chase, has come riyhthlly into possession OF the
real property which form- the sutject matter of
these actions, I. O., Madame Jumel's estate" This
proiudsel ,lgcision, belcIs apy uih upon the sub
feet, or evidence have denied bui Il las been BE-.
lieycd TO tie great prejudice of my clients rights,
truth: but uron that fact nave the solemn
assertion 10 ue by counsellor Cha:ios
/ therefore respectfully ask, whether, or not, you
uttered those words, rs IN tue Mr. foyk Tunes for
my brother EDITORS Will make the correction, and
urotec, my clicrs Npn the injury t. them from tho
publication oUt, D, you did incautOusly speak those
words. and upon i,Aso information, thon 1t is nav
duty dBiicuis cgyi1 state, and truoly suggest
to the Court that that vast property IA now possessed
by the molt consummate fraud and the party would
have boon arrested and indicted fer it but the Dis.
trict Attorney aud myself upon inves tigation as to
time, found that the prosecution was apparently
barred by the statute OF Limitations; though II il
now question whether the daily wrongful posses
sion does not bar the statute.
Jupey BAnyAnp-U pom What ground could he
have been indicted in this matter Of the estate
CoUNsELLoB JoANNks-l thank the Court Tor the
question, ami IN Lmtly Tepy and II ls This W.:
clients to a written and sealed instrument which
thcy believed rom hi' statements TO them TO he
S TSo SS o. lie T og Mme Jume nv ecnt 10
believing signed and scaled the written Instrument
OF supposed compromise, when II was finally di--
luced TO sign what! Why actually deed OF con-
veyarce, Of bargain end s,le, OF the whole OF the
vast property And 10 whoml Actually TO Nelson
Chase their attorney at the time: relative b.
marriage, and an intimate acquaintance for thirty
then worth Si.unOn0 rising In value. and now est
The fine. /, mere Vmi.7r Pl,f'-r q5 islfio null
and void from the heginning. Tho action FOR NV
clients Was duly commenced ON Dec, ~. 1853, and
tlc n'Xt toy lu'l ", ! lht hP"0t.' the legal and
knew II yet oil the lh dag Of January Of this year
a. nave l,2ncI Witnn the present week, he actu-
ter cfmilliun o. Culars--,hat "a sly, fl4 9sl-
lor JunI' Land for the public park on Wtsh gton
Heights, and a m Ttgagt to his lawyers, Scuddcr Il
Carter, paid OF S9Dsy % and ANXIOUS TO ant cipate
the paymcnt before II WIS due. he actually submits
TO deduction VI IS DAYS interests ,6g.Js. Here
IL copy OF his receipt. given to me BY the Comp
Olor. The city OF course, h. responsible ~ for
my clients, FOR that quarter OF million Of dollar,
and $4,000 previously paid to him, aud thus civ :
tie c.ty notice and in ie" days moro formally b.
suit or otherwise.
hear that M. Nelson Chase has boastod that
with large sum Of money he viii dc feat the Count
Joarnes, with all my intellect and enthusiasm In the
cause OF my clients | laugh TO scorn tie brbing
boast. Tor God T. the champion for the Right and
ferveut disciple, despse aud defy tue devil luaJ,
OBSCURE tnc wrong though he may, ~ his ,pecal
property, secure the wrunger IL Is my duty To
make application for the appointment Of receiver
for the vast property; hut cannot to you, II your
honor has ALREADY preiudged the case, which have
denied against Your sianderers ~ heretofore even
IN the pulpit. | trlst that | nave not offended the
Court 10y tuis novel Application. II s IN the cause
JupGE BARSARD-You arc entirely right Count
Jounncs, IN making tLis application Tor the truth,
publicly and without ANY notice To me. privately. |
! answer AT once. When several plaintiffs from Rhode
| Island made claim 70 the Jumei property BY three
actions IN this Court and the causes noted for trial,
and finally dny hxed by consent OF counsel and
both present, and when the Bowen plaintiffs asked
Tor another po-tponement / pcrcmptorily refused,
| and dismissed the cases with costs. Defendants
counsel made request for extra allow ance. and gave
tslO0 and remarked that Il would be dinicult for
| any erson to leave millions OF property without
hust Of such claimants springng up US tnese iroul
| khode Island Therefore TO p9' check TO such
| cuuurol tees OF $2DOOO NV remarks were against
such suiors only, bus not against any having their
| claims founded IN merits, justice ana equity
| COUNSELLOR JuANNBs-l aided In tic defeat Of
| those BOgd from Rhode Island. Now 20 Tie direct
point: Did you no the word published in the AtO
York Times, that Nelson Chase was rightlully IA pos
| session of the Juuel estatcy
jLDGE BAHNAhD--l did not, Tor mad no know
| ledge to form opinion; and II had, certainly
! -huu not have expressed Il.
CoUS-ElLoR JoINNE--fhat il exactly what l *.
pected Tor had you said those words from the bench
| To- prejudice q cause involving millions u dollars
and the honor Of families, you would have deserved
| impeachment, end would have been the niau -
| initiate II against Won, though We are personal
friends because you on that bench are Justice uf
this Supreme Court, and am counsellor at-law of
this Court and both vi rs bound By our oahs of OF
| Zee, IL is time your slandetei, were punished us
they deserve, and am happy that, by this lppllca-
ton, have been Tire means OF removing one vi the
| sandcrz, which ~ hucu - your prejudice.
| JUp0E BAltNAED-l repeat my dcrIal that | ever
uttered those Woids, injurious 10 your clients rights
| " interests, as published in tho New York TNTs
against mo; and other matters to my great prciu-
| dice and wounded feelings OF myself and family, In
| that newspaper, | equally deny, Aud l say IRON
this bench that there HTo several persons connected
with that -iundcrous journal, VINO, If they had their
| deserts, would now be in the State Prison. And
| you may gNe them that declaration us my answer.
COUNCILLOR JOANAEs-Sr, Inc SUS SHAH ilu-
mine your reuly; aud II n admitted tuut | am
good CicerOuinr reporter, | thank the Count for is
extreme courtesy to me In this matter.
Az tue Count Johnne- lett tho courtroom. he was
feyenty applaudod boy ms brother mcmhols of the
Bar for his mental triumph Tor his clIDIu-.
How a NIuu Mnde $500 by Rpndiuu fhr Ann,