New-York tribune., 1874-12-25
THE COURTS.
MISS MANSFIELD'S CLAIM SUSTAINED.
VERDICT FOR OVER $4,000 RENDERED AGAINST
aru


brought to yesterday before Judge Van Brunt ana
Jury in the Supreme Court Circuit. Mr. Ball. counsel
for tho defendant moved 10 dJOurn tho trial, owing 10
the absence OF Mr. Cole who, he claimed was 'na'cr
and important witness Judge Van Brunt snd tnat 'no
absence OF Mr. Cole not sufficient excuse Joon
d. Townsend then briefly opened the case, stating that
ii was brought two papers given by the late james
Fisk IT, one Of which, given the Office OF the supply
Department. stated that he had borrowed and received
on April J. 1869, of Helen Josephine Mansfield, s3'7S'
which lie promised to pay on demand while the other
was a demand note in ordinary form dated June " lSoo
for COO Tie suit these notes was begun Nov 49, 1871
nearly two onts before Mr. Fisks death but owing TO
that event the not served till May 30 1874
since which time It had been tho calendar.
Samuel G.. Courtney the first witness lie tesu'
fled that he began another suit against James FISK, Jr
for Miss Mansfield and NOv Il. 1862 prepared papers
obtain order OF arrest against Mr FISK; on NOV.
49, he began this suit the time for answer was extended
I'm various ways till after Mr. Fl TX killed. and then
hls executrx was substituted for HIN and the answer
not served till May So 1872; he had possession OF tue
papers till Mr. Townsend was substituted az attorney
Henry Bclden. jr formerly clerk OF Howe Belden.
identified the signature of Mr Fisk 10 the notes. ana
gave the interest on the notes from two different dates
one the date Of an alleged demand, Slo a. tne oler
the date OF the beginning Of tho action, A'o' s' ANS
closed the ease for the plaintiff
Tho defense made no formal opening. but calieo
Henry +. Andes TO the stand
Hc testified: I knew Mr.. Fisk from 1867 TN he died;
am familiar with his signature; dont thhk the Sig
nature to the 5000 note ia his. .,.,
but can You say that this signature is not hsi
Witness tafcr long exaninaionl--I should say nor,
O. Did Mir. Fisk to yOur knowledge pay any money 10
her at her requcstl A. Yes, Sir have paid her money
Mr.. Fisks presence in November 1888 she sos ron
me $780, after that time Mr. sk would come DOWN WIN
her in carriage send In for money! It would be sent
our, and sometimes handed directly TO Miss aansnea, M
sometimes to Mr.. Fisk. who was sitting Desl1e @ aep sne
whole amount between sl20O) and $4,000 George
C. Hall paid the bill for frcscong tho house No 359 Wtst
Twcntythird-st.. and Mr Fisk repaid him. don't Know
of nv own knowledge paid for the furniture or tnat
house or the house itself; wouldn't like 70 say whether
the body OF the 5000 is in Mr. tsks handwrtlng
have MN write except his signature; thas
have seen hundreds Of times. 49,,
by tho Court-Q All You know IS tnat Mr. FisAs t,
usher In win requests for money and you to9S
II out and handed it either to Mr. Fisk or Miss insied
A. Yes, Sir the bill for frescong was for about 1oo
Ule bill here produced, and appeared 10 DO lor
e1ry S there %as great a. deal moDot ote t9r 9ar
is in George Halls Handwriting ana siguea Wy MI'
August schemmel testified: am familiar with Mr..
Fisk's handw rng; have seen him write his Signature
average Of 100 times day; would not take lh5
signature to the 5000 for his If buying notes;
v sauiitor OF the voucher department. and took hunu
r, ds vouchers to him for signature.
To Mr. Townsend recognize the woro Meuuesuay
IN this note his writing; his signature was always
very Expressive the Handwriting in the body OF the
$1,000 note to be the same as the signature
Another letter was here shown to the Witness which
he at once recognized Mr.. Fsks but 1t turned OUT 10
Justice D. White testified: Iknow Mr.. Fisk's sigma;
tine signature to tue 5000 note 10 not III MS Usual
TO Mr.. townsend: I never saw Mr.. Fisk's private
letters; cannot whether the signatures To tnese
letters shown his my acquaintance Is entirely
with his business signature; have Io DOUBT OF MS
Mr. Bali here offered the indictment against Miss
Mansfield in eyidence but it was ruled out: Inc s de
Court thought ho should give any evidence the aues-
on of ynent Judge Van Brunt sad the evidence on
Eas too xsH Pe @ey oas Of the
firm of Howe & Belden, and frequently saw Mr tisK
SIGNATURE have no GouDt Tnaover er anoas %s e @ @
note his handwritiDg no one else wrote Ike hu
nave known it for ten years Letters shown) Tue
bodies Of these letters are in his handwrng tne sigma
turc to one Is little cramped. tAlemorandun sn0wn)
Part of this "a in my handwriting. part In Mr.. Stem.
sons handwring 1t is statement OF tne purchase o
our house of Sl0 of 20 bonds for Miss Manshtld;
gave them to Miss Mansfield personally; the rest is
OF the sale Of some coupons ana he purchase
of $4,000 moro Of fve.twenes for her, making In all
$4,000 there ia balance due her on this statement OF
Sal. a.. .,..... ,o- ,o,,,
ing somewhat pacr and thinner than when she last ap
peared IN court 49,. A. am -. -
signed A. Yes, Sir; Mr. Morse and my mother; saw
O. Was any one else PRESENT. A. Mr. Fisk was pres
this other note was signed III the presence oi Mr
Hall and Mr. Fisk and myself , -,
fed: made demand ON Mr.. Fisk for the payment Of
these notes at the request Of my cousin Mls1 Mans.
the separation of Mr.. Fisk and Mss Mansfield.
TO. Ir Ball. don't remember exactly when this sut
was begun; dome reuIember that ever accompanied
her to sec her counsel don't know Of trouble be.
tween Miss Mansfield and Mr.. Fisk in the Fall OF 1871
Mr. FIsk was always friendly; lie in MISS Mansfed
house in December before his death.
To Mr.. TOwnsend-Mr Fisk seut for me and asked me
II could arrange an interview; he said he would
nay the notes at If she would her former
relations with him and live with MIN. or would pay her
Il 900 month arranged au interview; he made the
same off to her sue refused she said she had given
the money all lump and should have 1t back Ia the
same way; he said that would not trust him, but
perhaps she would trust her friends, Mr.. Jordan and
Mr. Barbel Of Boston they came on from Boston to
have Interview with him about 1t was not present
at that lived in The same house with her;
an the signature to his 5000 note Is Mr.. Flsks
have him scrOblo almost every day while he
living house, and have seen him write at the
Erie Railway onice.
Mr. Ball here renewed the offer of the Indictment IN
evidence ana it again excluded. The counsel de-
cned to sum up the Judge Van Brunt charged
the jury that with regard to the larger note its genuine
ness conceded and to the question Of payment
the evidence too uncertain and indefuite 1t was
plain that Andes did not know for what purpose at
whose request any money was paid to Miss Mansfield,
and jury must have something to sustain verdict or
they could be permitted to work entirely.
That left two qucsOns-the genuiucuess OF the smaller
note and the time when the demand was made. Three
witnesses testified that this signature was not like Mr..
Fisk's ordinary signature but Of them "a
mllar with anything but his set business signature
and they thought the body Of the nOe and the signature
were in the same handwriting. Against this they had
the testimony OF the two Beldens and Mrs Williams
The Judge explained to them that Miss Mansfield could
under the law testify herself to anything that took
place between her and Mr.. Fisk he being dead.
The jury rendered verdict for the amount OF both
notes. with from the date Of tho beginning OF
the suit, In all S?5,29l 81.
SCURRILOUS POSTAL CARDS DANGEROUS
TIE FIRST CONVICTION UNDER THE NEW LAW.
In the United States Circuit Court yester-
day the trial OF Moses Chamberlain, for sending sour
|
conviction ALI Of the counts In the indictment and
he waS rrmanied for ecntpnce. The fndictmen M