The New York herald., 1872-12-24

Hoare Mr.. Chatdeld and Mr.. Chauncey Shafer
were for the plaintiff.
Our last report OF this case stated that the
arguments OF counsel had closed upon the ques-
tion whether the alleged declaration OF Madame
Jumel that she had had an illegitimate son, should
be received in evidence and that 1t was probable
that yesterday Judge shipman would deliver his
Judgment upon the point at issue.
When the Court met yesterday at the usual hour
eleven O'Clock, the room was more than ordinarily
crowded. and much interest was manifested in
Mr.. O'Conor, calm and dignided, sat in his place; I;
Mr.. j. O. Carter. his associate, occupied seat close
to the veteran OF the Bar. Mr.. Hoar. after dvest-
ing himself OF his heavy gray Massachusetts, coat,
sat down at the table apparently with the convtc-
tion that he had done all that legal skill could
accomplish IN presenting his view OF the question
at Issue to the Court; and General Chatfield had
certainly left nothing undone to raise all the points
which, In his Judgment, were best calculated to
reach the mind Of the Court on the point to be
determined.
JUDGE sHIPMAN's RULING.
Judge Shpman commenced by stating that he
him on an intcrlocutory question or this character
especially as he had had but little time to prepare
decision. The first question to be determined
was whether certain declarations contained In de-
positions as to general reDute that the pIalntn was
THE LLEGiTIMATE SON OF BETSY BOWEN,
evidence. On this point he adhered to the opinion
he had expressed on the last trial OF this case. In
the year 1924 Mr. Justice Parke had delivered an
opinion that the declarations Of servants and OF
intimate acquaintances ns to common repute, with
respect to pedigree could not be received In evi-
point, could not be admittcdin any well considered
case: Looking at the authorities which had been
ties se STATE
the doctrine contended for on behalf OF the
plaintiff that common repute outside OF the family
n fahn nnl INn rnAAi nd n
matter Even il the Courts OF this State had de-
cided so at the time the colonies had separated
not binding upon this country. Decisions OF that
character would not be controlling authorities In
cases like this. The second question TO be disposed
OF was one OF great Importance, ana he regretted
that he could not, In writing, deliver what he had
to say concerning 1t. But his time had been so
tcrs submitted in support OF the claim that this
class OF evidence should be admitted and by the
arguments advanced as objections on the other
side that he was not left single moment to reduce
what he had to say to writing. AS, however, the
point was one OF considerable interest he reserved
to say upon 1t. He thought 1t must be conceded at
the start that this was case OF
PURELY NOVEL IMPRESSION,
and he would treat II as question OF that
character. He thought that was apparent from
the questions that had arisen and from the cir
counsel for the plalntifr the embarrassment
growing out of the very simplicity OF the case. Now,
Wa the n II t ss
ration that Madame Jumel had bastard son, and,
OF course, with such inferences as had arisen upon
PLAINTIFF WAS THAT SON.
Now. person would say that that was very
as s yes ts % ns
more apparent than real. What has the statute
OF the State OF New York dones He would read
it,
property rom ter mother as anu
He ala not apprehend the words 'as II legiti-
counsel for plaintir. The first inquiry as to what
the statute had done might be illustrated by show
ing what It had not done. 1t was true the language
legitimate; but 1t did not, by that language, make
the party q legitimate member OF the family. n
low. Look at some Of the consequences OF that
statute. While 1t did not make him the son OF his
family; it made him member Of ali her legitimate
ant to give statements as to her family
was legitimate member Of the family
ne was. OF course, admitted into the family, and
De given in evidence to Change the inner tance Of
that family. not only Of property that might de-
scend to his mother, but OF property descending
ssme condition would be reached n they were to
reverse the case and inquire into the right OF q
reviewing this part OF the question with great
ability and much care the Judge said he had been
struck very forciby with the fact that this was an
to prove that he was the illegitimate son OF wo-
man with whom he never had, according to his
Whom he had lived apart for sevcntyone eT vearsM
since the period OF his birtha total stranger
to her, and he now asked the liberty or proving
that that woman was his mother because she was
novel question, as It seemed to be in some OF the
Would be warranted IN aSmistns I SUCH che eSIdencs s @
The property OF people depended upon evidence or
this character, and its intrinsic weakness lay in
Judge Shipman read rom an opinion OF
CHIEF JUSTICE MARSHALL.
an eloquent and able passage upon the question OF
admitting testimony such as that proposed to be
given IN the present case He presumed that 1t
had occurred TO counsel on both sides OF the case
which, he supposed had been directed for the pur-
pose OF bringing every light and Information they
could find to bear upon tho matter in controversy,
they had not been able to find case in which the
naked declaration OF the mother, even OF legiii-
mate child, bad been admitted as proof OF the fact
such case. He had failed TO find any such case
where such specific declaration was proved by
the parent to fix the fact OF birth, and with 1t, OF
course the fact OF relationship. It was said that
other testimony would be introduced by way OF
proving the Identity Sr Madame % igmei with the
a bastard child; but that was only another way OF
arriving at the same result. 1t was said that IN
the exercise OF his judicial discretion he could let
this testimony ln II this testimony was adm;ssi-
BILE, In his Judgment IL to some extent en-
Gangered the tite to all tlS Ere real estate In this
gle women. ON question 80 grave as that he did
not feel at liberty 10 exercise his judicial dscre
ton where the consequences would be so serious
He must, therefore, refuse to admit this testimony
The above Judgment, of which this report Is a
summary was delivered, by consent OF counsel
upon both sides, in the presence OF eleven jurors
Mr.. Romer, the absent juror, being obliged to re-
main away owing to illness. 1t was stated by q
Juror that Mr.. Romer would not be able to go out
for a day or two. 1t will be remembered that on
the last trial OF this case a juror got sick about
the same period Of the case.
The further hearing OF the suit was adjourned
till Thursday. The swearing In OF the Grand Jury
was adjourned till that day, there being only
met.