The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-13
UNITED STATES CIRCUIT COURT.


Before Judge shipman.
The further hearing OF the case OF George Wash
ington Bowen VS.. Nelson Chase was resumed yes
terday.
THE DEFENCE.
Al the opening OF the Court large amount OF docu-
mentary evidence was offered on the part of the
defendant, Mr.. Chase An extract from the records
OF births and marriages Of the town OF Cumberland
was put In. This extract was from page 1850 OF the
records and showed that william Ballou, son OF
Reuben Ballou and Freelove, his wife, was born
November 26 1885, and Lavinia Balou, their daugh-
ter. on the Goth OF December 1851 Counsel for de-
PENDANT also o1ered from the record OF marriages
OF the town oil Cumberland the following certih-
cate:-
hereby certify that Major Reuben Bailou and Freeove
Whppe were lawfully Joined together IN marriage AZ the
s osXTH%N Of the P:aoe
50 that from this record 1t would appear that
faOr Bailou and FreeIOve BallOu, or Whipple had
children before they were united In. the bonds or
matrimOny
placed before the Court showing tnat on the 3Oth
day OF May, 1874, q special meeting OF the Town
Council was called, TO consider complaint OF ste.
phen Whpple Overseer Of the Poor to the effect that
Reuben Bal0u, his vile and two children were likely
to become cnargeable to the town. Reuben Bapou
was examined before the Town Council on thai oc-
cason, with tie view OF ascertatning where he had
his last legal settlement, and the result OF his ex-
animation was mat he had purchased for 600
freehold at Providence, and that his last legal set
tlement was Of that place. An order was accord
Issued " or e a DaGu aa
eight years. and Lavina, aged about SIX years-t0
Providence
A record OF the town Of Providence. dated june
Is, 1903, was next put In. 1t was decree OF the
Town council directing that, complaint having been
made before the Council that Reuben anu FreelOve
BaIlOu ana Lutllanla Leland were keepers or
bawdy houses to the great annoyance OF the good
people OF the place. they he forthwith apprehended
ana dealt with according 10 law.
Other records, showing the relations and charac.
ter Of these PERSONS were also offered In evidence
MIR. Smith Barker was then called to the stand.
He was examined by Mr.. Charles O'Conor at con-
siderable length Among other things Mr. Barker
testified as follows: i am attorney and counsellor
at-law. aud nave been practising law In New York
was intimately acquainted with the Hon. VIM lngs;
l vas called upon by Nine. Jumel, with whom had
no personal acquaintance. In the latter part OF July.
do not now know the year, IN reference TO tne
execution Of her VIII; had known her before from
ner Gew e neeye was was one he
witnesses; Nine. Jumel saw me several times IN
relation TO me Will; she was ACCOMPANIED o., on
Nelson Chase. who were quite young: paper
handed to wtness.) This IS a, draft OF
tne Will, written in my handwriting; THINK the
draft OF the viii was written be the first page
prehxed to 1t, was written; the preaxed page IS
the Will was delivered to Madame; have not seen
1t since the draft OF the will remalne.. IN my pos
session, and found It among my papers alter the
death OF Madame Jumel
Cross-examined-The matter stated IN the sheet
predxed to the draft OF the Will was not. think,
Included in the preliminary Instructions for the
Will; think Madame Jumel called on me In refer
ence TO the VIII SIX times before IL was executed;
every occasion she called she was accompanied
by two children OF Mr.. Nelson Chase; have no re-
collection OF Madame signing tn, will, but the will
was undoubtedly signed III my presence; recollect
the will was signed ana Madame let Tor saratoga.
The witness was cross-examned at great length
his presence by Madame Jume. lie replied mat
his recollection or Impression was that 1t was SO
executed, bui lie could not slate any OIL the crcu-
stances ) rounding ITS execution.
In reply To Mr. OConor the witness said ne had
Nelson Chase after the viii was executed, and OF
statement he twltnesS) had made In the course OF
that conversation TO Mr.. Chase Tnis statement ne
could not nave made II he had not seen NINE. Jumel
sign The will. The Court would nor. however allow
the witness to state the nature oil TINS CONVEX aon
Mr. Bingham ". Walgrove testhed:-l am an
| attorney AM cOunseilor-atlaw; l was clerk with
the Hon. William Ingis and also an attorney In his
ONCE; Was with nun from 1897 To 1868, when ne
died. was very intimate with MIN, and, In the lat
ter part OF his life. lived with MIN: was one OF MS
executors; have seen Mmc Jumel often, and talked
| with her. she came visitor and on business TO
Mr.. Inglis OIL e; saw her there when she came on
| the sub ecJ OF making will Judge Ings prepared
Will Tor her; cannot say that recolect the act
| oil signing the WILL
| the VIII Or nOtp
| WITNEss-From what she said when she left the
| office can only say what was sad Judge lngllS
asked her what she was going 10 40 with the VIII
wnen he delivered 1t TO ner; she SAID she was gong
to give 1t to one. and think 1t was Dr. Bour-
A draft of the Will in question was here shown to
the witness by Mr.. O'COnOr IL was marked de-
fendant's exhibit No. - and was written on lour
hall sheets OF paper. The witness SAID the draft
was all In the handwriting OF William InglIs;
Madame Jumel at Mr.. Inglls' ONCE several
times; three or tour times III relation TO the wll
she was there number OF times; Judge inglis tod
Madame that he wanted her particularly TO give the
names of some OF her family; she brought memo
randum and handed 1t TO him. cannot now reco-
lect that became q subscribing witness 10 the ill.,
stlument except by seeing my name attached TO the
paper.
O. DO you know IN any way the fact that Madame
Jume sIgned the WILL A. do not know except
from what was said wnen she lett.
Mr.. Nelson Chase, the defendant. was brieny eX-
amined TO whether he had found any will In the
house OF Madame Jume other than the one when
was the subject of litigation IN the Surrogate's
Court. He stated that alter a search had been
made no other viii could be lOund
The Court, after some discussion between the
legal gentlemen on botn Sides admitted the drafts
OF the wills In evidence, the paintln excepting.
The drafts were read 10 the jury, and soon after
the Court adjourned till eleven O'Clock this morning.
UNITED STATES DISTRICT COURT.