The New York herald., 1871-03-11
SUPREME C0URT-CIn.UlT.

fne Judges CharRc IN the hc8on WIZ Nuses
and Case Given TO the Jury-yerdics Tor
the Plaintiff.
Before Judge Sutherland.
Sarah c. Hatch rs Clara NJ. Peu0net-The court
room, as heretofore, was crowded at one O'Clock
yesterday afternoon, when 1t was announced
that Judge Sutherland would charge the jury.
Puncuaily at the hour his Honor entered
upon the charge. lie began with thanking
the jury for the patience they had shown through
the prolonged sttings OF the court In the case, and
expressing his conviction OF their earnest desire 10
do justice to the parties tgSnt. As for himself ne
felt equally strongly with themselves the same de-
sire bur us Judge could not go outside OF the law,
winch would oe a public crime. IL was not Tor hlm
to discriminate between what seems hardness In
q moral sense ana strict legal justice He read the
various issues put In the form OF interroga-
tories submitted TO them BY the General Term
as to the bearing Of tnS evidence upon
these ilterrogatories and answer them either
not as to simple influence 10 induce Mrs. Hogan TO
make the VIII she did, but undue influence. This
circumstances and relations Of all the parties. This
was question upon the whole case and the con.
ceded iacts. the evidence OF Mrs. Peugnet was
to have the same weight as If she had been called
by her own counse-no more no less. This was not
case OF conflicting evidence except In one or two
ing the two wills respectively drawn IN 1862 and
1865. He had some doubt as to whose duty IL was
os can Nh they snsaa and thar the wis S 81
1852 and 1865 were duly executed as alss the trust
deed OF 1867, II does not follow that they were not
obtained by undue influence. They were not to
regard one set OF facts and circumstances without
regarding the other. He dwelt at length upon the
cases presenting parallel points. They to bring
their experiences OF everyday life to bear upon the
Which coWmodity mechanic I NAV uossess as much n
as Judge. II he was any use at oil it was to
charge them upon questions OF law. The VIII OF
1852 was destroyed two years alter 1t was drawn, III
which the testat1N showed disposition to give all
her property TO her daughter Clara then about 10 be
married. Ii this VIII was OF her own free Will and
accord 1t was not unlikely that she made another viii
very much like 1t. But this was not conclusive,
though il had strong bearing on the case Though
Mrs. Hogan csnld give all her property to one
daughter, TO the exclusion or ler other two daugh-
nerty might SEEM nnust bnt thew We're not TN nepes
sariy 10 declare undue influence as causing II. They
were TO weigh all the circumstances OF the case
Whether or not could be easily influenced was
circumstance to be considered. Another point OF
consideration was the feeble health of Mrs. Hogan,
ana still another the unfrlendly feeling shown by
Mrs. Peugnet for Mrs. Hatch, which might chow a
motive on Mrs. Peugnet's part in influencing her
fact OF Mrs Hogan living with Mrs. Peugnet. strong
point the Kind and afectionae letters passing
between MIS-. Hogan and Mrs. Hatch. Next IN order
he reviewed at great length the leading points Of
the evidence and the arguments OF the various
foTtnnae cop,royersy her ween the two sisters Roth
had been sworn, and their testimony was To be con-
sidered In the light OF individual interest in the
result ol the suit. The Whole question was whether
undue influence had been exercised upon Mrs.
Hogan IN the matt of her VIII aud the trust deeds.
He left the matter with the jury. The charge lasted
two hours.
Alter the Judge had concluded there was some
confusion In ali the lawyers trying to talk at once
in the Judge trying to interrupt them. and in
various members or the jury trying to put various
questions. At length printed copies OF the Issues
the jury were to decide were given to each juror as
also copies or the Will and trust deeds and other
documents and they retired to deliberate upon their
verdict.
After about an hours absence the jury came into
court and announced that they mad agreed upon
their verdict. The following were the
ISSUES FOR THE JURY,
as embodied in the subloned nterrogatores and to
gave the answers given below
q. DID Eliza Helen Hogan make, publish and de-
bearing date the 10Th day Of October, 1865, copy
Of which Is set forth In the complaint In this action
" Was as Eliza a All Helen Hosan At the time Of the
making OF the said instrument purporting 10 be her
last VIII and test o. sound snd asposng
e Was the instrument purporting to be the last
VIII and testament of Eliza Helen Hogan procured
by fraud or undue innuencef A. Yes.
@. Did Eliza Helen Hogan die intestate as to her
real estate, without having made any valid devise
OF the same or any part thereof as In the said
q. At the time Eliza Helen HOGAN made the deed
10 Ramsay Crooks and Joseph 0. b. Webster-a copy
OF which Is annexed TO the complaint in this action
dld sne possess a desree Of wiz, mind memory and
its import aud elect to make such deed valid IN
Q. was the deed procured BY the fraud or undue
influence OF Clara NJ. Peugnet, and Eugene Peugnet,
her husband, or by the fraud undue influence Of
either OF them or or any person or persons. and, II
so, by whom a. BY Clara N. Peugaet and DR..
Peugnet.
q. Was such deed made by Eliza Helen Hogan Of
her own free will, uninhuenced thereto unduly by
Clara N. Peugnet and Eugene Peugnet or by either
one OF them or by any one elsef A: No.
z. Was said instrument, above sci forth, her free,
valid act and deeds A. No.
Verdict so recorded
MOTION FOR A NEW TRIAL.
Directly succeeding the verdict counsel for the
defendant moved to set aside the verdict as against
the evidence and contrary to the legal instructions
OF the Court lie based this motion upon the foreth
rule OF the code.
There was considerable sparring between counscl
on thus motion rs 10 the formal manner In which it
should be entered on the minutes. which at length
however, was amcaby settled, and week from TO-
day agreed upon on which TO hear the argument
on II.
Alter the adjournment Of the court large numbers
congratulated the plaintn and her husband ON the
result.
SUPREME C0uRT-SPEcAl Term.
Suit Growing Ont OF an Insurance Policy,
Before Judge Brady.