The New York herald., 1874-05-23

second clanuener tnat mas iallen III the new COur
House, the previous one being in the Comptroier's
and happily like the present case. resulting in no
serious injury to any one.
UNITED STATES CIRCUIT COURT.
The Estate or Mime. Jumel-The sut,
Of Chase .vs. Bowcn-A Decree for the
Plaintiff.
Not long since the suit in equity OF Nelson Chase,
Eliza Jumel Perry and Paul r. G. Perry, her hus-
band, and william Chase. citizens OF the State OF
New York. VS.. George Washington Bowen. citl-
zen Of the State OF Rhode Island, was argued at
considerable length in the United States Circuit
Court before Judge Blatchford, Mr.. Charles
O'Conor and Mr. ]. c. Carter appearing as counsel
for the plaintiffs and Mr.. L. ). Chatfield, MIR. G..
Shaffer and Mr.. sawyer for the defendant. This
suit was instituted Tor the purpose OF restraining
the defendant Bowen, from bringing any more
suits lor the purpose or evictIng the plaintlns
from the property, known as the Jumel property,
situate at Fort Washington, and which mad been
devised TO the plaintiffs under deeds and settle
ments executed by Nine. Jumel several years
before her death. The defendant, Bowen, brought
an action IN the United States Circuit Court
for the purpose OF ejecting Mr. Chase
and his family from the possession Of this property
Bowen claiming that he was the illegitimate son
0i Nine. Jumei, and, as such, had right under
the laws OF the State OF New YORK, to inherit real
the jury disagreed, SIX being IN favor OF Bowen
and five Tor Chase, the twelfth juror having been
ex.used in consequence OF bad health. The case
was brought 10 second trial before Judge William
u. Shlpman and special or struck jury, and after
an ,,l, ,nsestgauon ex.ending over tnrteen weeks,
Bowen appeals to the supreme Court of the United
states ior new trial, but on this there Is as yet
no decision. Mr.. Chase tnrned round ana brought
tue equity suit above alluded to, charging that
Bowen Was not acting IN good faith, but had taken
mp the litigation as a speculative action. Bowen
.den.sd this and replied that he was actng in good
1aith.
Judge Blatchford has now rendered his decision
IN the equity suit and grants decree. The con-
cluding paragraph oil the decree to be agreed
upon says II IS ordered, adjudged and decreed
That George W. Bowen and his heirs and as
signs, and MS and their counseors, solicitors at
torneys ana agents, be and be and they hereby is
and are henceforth and forever enjoined and re.
strained from commencing or prosecuting at law
any suit or suits, action or actions proceeding or
esase o IN thy S or wc Sl wa
OF the said Eliza B. Jumel, or any claim or claims
70 the same, or any part thereof as or on pretence
OF being an heir at law or next OF kin or Eliza B.
yumel, deceased provided, however that George
w. Bowen shall be at liberty 10 proceed TO q final
decision in the supreme Court OF the United States
upon the writ Of error mentioned in the supple
mental answer in this cause, and that no proceed
ings shall be had Dy the plantlns In this cause TO
dismiss for want OF prosecution any OF the suits or
actions mentioned in the bill IN this until the
Aforesaid decision in the supreme Court OF the
lnlted states, OF the dismissal Of such writ OF
Judge Blatchford has written on the back of the
proposed decree the following words:-"The
within decree, omtting the part IN brackets, VIII
be entered unless there are some formal lnaccu-
racies IN 1t. Give notice OF settlement"
Counsel on both sides will meet IN the course oil
few days and agree upon the precise terms OF the
decree to be entered.
Mr. Nelson Chase and his children-who are the
heirs OF Mary Jumel, the adopted daughter Of
stephen Jurnel and Nine. Jumel, his wife :
claim that tne property in qneston, 50 far as II
tied upon MIR. Chases children by irrevocable In
struments and conveyances, drawn by Chancellor
Kent. and that Nine. Jumei never had any sub
stantal title 10 it, and that, SO lar as respects any
property which Nine. Jumel acquired herself by
ade purchasers large portions OF the estate settled
upon the heirs OF Mary Jumel, as above men-
tioned-nad subjected herself TO a liability to make
good them the property thus diverted by convey
Ing to them lands OF equal value, and consequently,
as they claim, all such property could be recovered
IN equity by them towards satisfying tins
asebcra sS % sssss d5n Esn's' me ' 9Sss
the present possessors Of the properly in actionE
in courts of law, because If there were any founda
tion for Bowen's claim las Bowen alleges there s)
IT would show that he had only bare legal title
while Mr.. Chase and his children have the whole
equitable interest; so that, as Mr.. Chase and his
an action oil electment In court oi law, a court o
equity would compel him to reconvey TO them all
he recovered.
The Trial of Calender.
Before Judge Benedict.
The trial OF Charles Calender was resumed yes
terday In the United states Circuit Court room No.
a Chambers street, before Judge Benedict.
Mr.. william Fullerton and Mr.. Dudley Field
appeared as counsel for the defendant, and Mr.. A.
H. Purdy United States Assistant District Attor
ney for the government.
The Court permitted evidence to be given on the
part OF the prosecution showing that Calendar
had had transactions in other national banks
simiiar TO those In which he was concerned IN
the ocean National Bank. Mr.. Beeckman, cx-
President OF tue onion square National Bank, and
also the ex-Cashier or that establishment, were