The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-23
THE JUMEL ESTATE
Cnnclusisn Of the Trial Before Judge Barnard
Unhsard Of Aerial Flights Of Ora
tory-Mr Charles 0'Conor as . Wit
ness-Amusing and Thrilling
Scenes Curiously Inter-
mingled-Decision for
the Defendants.

Court was, II anything, more interesting than thos
VI the first day. The court room was crowded
IT'S utmost capacity. Mr.. Charles O'Conor, with NJ,
carter, his associate counsel, was promptly IN a
tendance and taxing . seat by them was Mr.. Nelso
Chase, the defendant and de 0acio owne
II the JnDei estate. or course Count Johar
mes was on hand. in his customary dsu.
ie'1e gayety OF style ana manner. It was eyideu
that nc fully fell the weight 81 the resronsihint
thrust upon nIm by mis- clients OF the Jones family
tAeir endeavor * the alleged legal heirs OF Madam
sunei to wrest tins valuable estate from its presen
alleged pseudo owner. As Judge Barnard took hl
veal OR the bench there profound silence.
RENEWAL. OF PROCEEDINGS
F3at kind Of silence described as capable or bein
sclt pcrvaded tile court ROOM VIXEN Count Johannes
giving sgitaiing shake OF his hyperion
euria, and putting fortr his right arm ~ an I'm
preslvc oratorca .ngic, after the anner OF Cicero
10 his opening GRAFTON against Catalina, rose 10 ad
dreas the Colrs. Homer writes OF switwinged
words, and so ran the initiaEory sentences or The
Count It was grsndloIuentiy soaring exordiunl,
the exact point OF which II dticult 10 in the
far stretch OF It's may heights but at length he came
down 10 facts and figures, when the sense OF hts
meaning began 10 be conprchended by the opposing
counsel.
A SHOT AT rHE AERIAL ORATOR
"Is not this waste Of time sr mildly suggested Mr.
OConor
Iii looks some Ike IT, answered the Judge ~
adjourned the over till to-day TO allow the
plaintiffs counsel opportunity bring witnesses to
testify as 10 the value OF the Jume estate at the
time OF the alleged conveyance by the plaintiffs TO
Mr. Chase Of their right and title To the estate TO
show the disparity between the $4,000 paid them
ana is actual yaiue mt that tine.'
q" did summon witness To appear here" inter-
rupted the Comm, Ito TESTIFY on TINS very point
but ne IL not present for some reason or other /
win CALL with permission OF the Cour6. gentlemen
whom see present capable VI stating the value OF
the properly IA question:
You have a right II you comply with legal re-
qmremenis 10 call AS Witnesses whom You piease,u
said the Judge, and need no permission of mine."
"fhen VIII 1rsf call MIR. John Anderson, your re-
speced father law sitting by yoar s,de said the
Count AS 10 the value IN 1855 OF the house and lot
corner OF Broadway aud Liberty street. n portion of
The original Jume estate"
JOHN ANDERSON ON THE STAND
Mr. John anderson was accordingly requested 30
testified that he was the owner OF property on the
corner OF Broadway and Pine s.rcet; he knew the
property at the corner OF Broadway ana Liberty,
thai, IN her life time, belonged to Madame Jumei;
the latter property in 1865 was ~ his OPINION worth
$2G0,Oo0.
CHARLES oc0NoI Az A WITNESS.
"Mr. Charles o'Conor Will please take the
sland,n spoke up the Count IN an energetic and
mandatory tone OF voice. as soon as Mr. Anderson
finished his testimony. This unexpected summons
excited general laughter, and even the rigid Tea
novelty Of The situation III which he was so suddenly
thrust mi. 0conor,n continued the Count, 'is
The owner properly on washington Heights not
iar from lhe JnneI Mansion and in this emergency
am Wiling TO rely on his honor as TO the value Of
the Jnmei properly situated there
81 am perfectly willing to be Witness said Mr..
OConor and he at once took the stand and the re-
gnred oath.
Q. Are you acquainted with the Jumel properly on
what used 10 be known at Harlem Heights, but now
designated Washington Heights? A. have u gen.
eral vague idea OF It. could not walk around It.
know the house where Mrs. Jumel died.
z. Do you know how many acres there are? A. /
have read the number in papers, but beyond this ]
were not under oath might give guess, but ~ 1t
u do not Ike TO.
O. will refresh from memory. There were l2s
acres IN the property; from your knowledge OF the
value OF land there and owner OF land yourself
what, IN 1855, was that land worth an acrer A.
have no positive knowledge OF any purchases or
sales ia that vicinity SO as 10 ne able TO give any cor
rect idea In the matter
O. May be permitted ---y A. don't ask any
extension OF favors at your hands.
O. Wen, then now many acres III your Washing.
ton Heights property. A. on my nonor can't tell,
but think between Twelve and sixteen acres.
q What IS the value OF IL A. ] dom; know that
either; 1t Is not for sale at any price; you see I
show myself no expert on this subject.
Q. Have you no idea what land Is worth there?
A. suppose ! might give you extremes; | have
cannot go back 10 1865; come To think Of 1T 40
remember sale not far from there.
for from $4,000 10 $1,000 an acre
q. what's the value OF your property1 A.
have no vague thought OF rs value; gave $3.50
an acre ior II, except u httle poruon, Tor which
paid AZ the rate OF $500 az acre.
q. How long since you made the first purchase ?
A. twenty five years.
o. When was the sale made OF which you have
spoken A. In 1867.
Another AERIAL FLIGHT AND QUICK DESCENT.
Having finished with MIR. O'Couor as witness the
Count again opened ms pniors and scared aloft 10
the EXTREMIST cei1ean height o. oratory.
..Ih3 IS not the time for summing up" Interposed
MI. 0'Conor, which brought the Count down from
the dizzy altitude he had reached IN The far away
regions OF Lhe upper air. lie had 10 witnesses 10
cal, but o5ruded another lengthy AFFIDAVIT and some
letters the court IN response to inquiries OF the
plaintiffs OF their rights III the Juncl estate to Mr..
Chase was on July .e, 1865, aud the second October
20 1865. The VIII was dated November Il, 1866 and
SET aside September ~ 1863. With this plain
mrs counsel rested his case.
SUMMING UP BY MR.. CARTER.
or counsel for the defendants Mr.. Carter now be.
gan summing up. He insisted that liiere was not
the twentieth part OF shadow TO prove the allie ga
lions OF fraud set forth IN the complaint. Mere In
adequacy OF consideration was not proof OF fraud
This was shown IN all law courts A barley corn
was consideration enough. Ine plaintlls did not
the face OF them were Incredible and untrue and
unworthy weight In court ot equity. They say
promise with John Howard smith, and that
Il proved to be deed Of conveyance
TO Mr. Chase, Is It not the fact that
for forty thousand dollars they parted with every
right title and interest in the estate or Madame Ju-
mel? What difference Is IL whether this was sup
posed compromise Ut deed oil conveyance now the
viii was SET asidet SIX weeks after iney went after
their forty thousand dollars and got IL. they knew
this ives all they were 20 receive and they did not
ash Tor % doiar more. Upon their own showing Ll!s
complaint Is lie from beginning to end. Whose lie
r. ii2
Count-What do You shake your fist nj Ine iory
Mr.. Carter have asked question.
Count appeal 10 the Court, is that the way for a
counsel TO snake his fist at q member or the bar
Judge-it Is only tiguratye speaking.
Nj. Carter, resunin2 his opening alluded To tue
manner IN which the opposing counsel became ac-
0uainted with MI. Chase ana the Joneses and how
he Launched out this suit. Next lie referred to the
absence OF the plaintiffs. The whole thing, he m
sisted looked queer. After dwelling at consiuera
blc length tins point he entered upon review OF
the opposing couEselis opening and began by char
BclerIzIng tie coEuse IN substance public pest
and disgrace 10 the profession. AZ 10 the money
pOId TO the plaintiffs Dy Mr. Chase ne insisted tiia
h,c latter showed great ibeTa!iiy toward them,
and In this connection gave q resume OF the iitiga
cation breaking Madame Jumei's will. The
Question with the defendants was how much they
stood q show OF getting unier Tins viii ana under
any contingency. Their claims II put up IN the
Lpt would mol have brought $500. In the trial %
The VIII case The Jury found the conveyance IN ques-