The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-25
BROOKLYN COURTS.
CITY C0URT-SPECIAl TERM,

WIDOW Sp1cer'S Success-A Verdict OF
Nearly Six Thousand Dollars, and No
Prospect OF q New Trial.
Before Judge McCue. r0
When Elizabeth Spicer sued George Spicer for
$4,000, which she claimed was her dover from the
estate OF her husband John Spicer, the defendants
brother, the jury gave her verdict of $5,777. This
was about month since, and the case was re-
ported IN the HERALD at that time. The defence
was that Elizabeth was not the lawful wife OF John
Spicer. 1t appeared that the plaintiff had been
married three times and one of the features Of the
trial was the sudden temperance Of Hugh Miller.
the first husband, whom she had not seen for
nearly thirty years. and believed to be dead. The
plaintiff said Miller had abandoned her. and she
had subsequently heard that he was dead; but
Miller, when called on as witness for the defence,
denied this, and asserted, on the contrary, that
his Elizabeth left him. The jury found as already
stated.
moved for new trial, and yesterday Judge McCue
rendered decision denying the motion, with costs.
In the course OF his opinion the Judge says:-'The
act Jonn Spcer alone in introducing plaintiff to
the world as his wife, permitting her to JOIN in the
execution Of deeds as his wife, was sufficient with
as wife and widow and to furnish a SUI
fcient consideration for defendants promise.
The marriage with John, therefore. was abundanty
established by Johns own acts and dc claratiOns.
Plaintiffs testimony went no further than TO fix
the time when and the person by whom the mar
riage ceremony was performed. The testimony
could not possibly affect the transaction between
the husband and the defendant, and does not come
within the rule which induced the enactment that
person should not be a witness as to transactions
occurring between that person and another per-
plaintiff could be entitled to an inchoate right of
dover in the estates OF two husbands living at the
same time, she never having been divorced from
one of them although 1t may appear novel, seems
TO be perfectly clear under our statute. The mar.
der no disability and is valid aud subsistng at this
day.
'The error which it is claimed exists in the COM
putaton OF the value Of plaintiffs dover Is to lie
explained probably by the TACT that the jury upon
the testimony assumed the amount expressed III
the deeds-to wit. $2e,Ooo-as the amount agreed
on between the plaintiff and the defendant as the
basis OF computation when the time came for the
adjustment G the PLAINTIFFS rights and not as the
gross value OF the entire estate, from which the
mortgages were to be deducted. and then the pal
ance remaining to be divided into two equal
shares upon the theory that John and George were
in fact tenants in common, seized each of an equal
undivided half should be wanting in franknesS
au nUs as n aas nS xsd as
have been the domestic ana marital relations of
some OF the parties to the suit, but upon review
OF the whole case have not been able to find any
error which would justify me in sending the case
to another trial, certainly not until higher Court
shall have reviewed and disposed OF one or two
leading questions which must in the end prove
practically controlling as TO the respective rights
and obligations OF the parties.'
me case has elected considerable interest in
Brooklyn, where the deceased Spicer, VINO was a
horse man and at one time IN charge Of the Union
Course, was quite we'll known.
The Van Syckle Poisoning Case.
Johanna O'Leary, the principal witness for the
people in the case Of John Van SICKLE, who II
awaiting trial on the charge of having poisoned his
wife to death in October last, before the Court
yesterday on writ Of habeas corpus, sued out by
ner counsel Messrs. shorter 4 Ridgeway, who
asked for her release from jail, where she has been
de tanned since the Coroners inquest. Her counsel
contend that at least she Is entitled to release on
her own recornizance, and also question the con-
stitutionality OF the law authorizing the summary
detention OF witnesses. In consequence OF the ap-
sence of District Attorney Britt0n at the Court of
Appeals in Albany, the argument OF the case was
uostponed until Wednesday, and Johanna was re-
handed She was employed as cook IN Van
Syckle's house.