The New York herald., 1874-12-25
MANSFIELD VS.. FISK.


Jr., for posthumous settlement between his wife,
Mrs. Lucy D. Fisk. the executrix OF his estate, and
the horde OF tiganIs anxious to press their cases
to trial was one broughS by Josie Mansfield against
him on two promiss0ry notes. One OF these notes
was for $4,000 and the other for $4,000. The
action was commenced In the Supreme Court, the
planrln setting up tnat the notes were given for
valuable consideraJiOn-that Is to say, in payment
for certain stocks, and the defence being subse.
quent alleged payments OF money in amounts
sufficient to counterbalance the claim. On the
death of Colonel Fisk the suit did cot die, how
ever but was revived against Mrs. Fisk, as his
executrix. Arlength the case came to trial yester.
DAY in the Supreme Court, Circuit before Judge Van
Brunt. The court room vas not densely crowded,
yet there were not many vacant seats The fact
Is the crowd Ot frequenters throngng the courts
had seen Miss Mansfield so often during the pro-
gress OF the trials OF Edward S. Stokes that their
curiosity to see her nad become satisfied. She
was promptly IN attendance, accompanied by her
sister, Mrs. Williams. Time and travel and cx-
citing scenes since have not apparently improved
her personal beauty but her taste IN dress has
evidently changed somewhat for instead OF fash
Ing diamonds and silks OF gaudy hues and bon
net OF startling pattern and colors, she appeared
most plainly though neatly and tastefully attired.
wearing dress and cloak Of dark blue cloth,
black felt hat trimmed with black velvet. and
gray feather and with no show OF jeweiry.
Her sister, Mrs. Williams. was even more
plainly dressed. Neither appeared in the
eses sery aea
manner. Miss Mansfield was represented by John
y. Townsend and Mrs. Fisk by Mr.. Ball. Mrs.
Fisk did not put IN an appearance, but TINS. 1t is
sad she never does In any suit brought against her
unless she has to appear as witness. From the
nature OF the present suit the testimony was brief
and the end quickly reached.
Mr.. Samuel q. Courtney testified TO having in
November, 1869, Nmenced suit Tor $4,000 and
$l5,7s5 against James Fisk Jr and applied for an
order OF arrest against him on the part oil PLAIN
10, Ef; me time to answer was extended until alter
for him IN May 1872 and the answer was sent In.
Mr. Henry Belden was HANDED the two notes
sued on, and he positively Identified the signature
to these notes as James Flsk's.
For the defence Henry p. Antes proved that he
was bookkeeper to the Erie Railway ana familiar
with FisKs signature; he does not recognize the
signature to these notes as Fisks; could not tell
NEW n 81 ny ne
through George G. Hall, to Miss Mansfield.
ON cross-examnation witness admitted he had
no personal knowledge OF what Mr.. Hall did with
the money; he will not swear positively that he
ever handed money to Miss Mansfield himself.
partment saw FISK sign Vouchers hundreds Of
times Gay and does pot recognize the signature
to these two notes as Fisk's.
On cross Ss-examinatiOn witness was shown the
bottom @ OF note; he recognized the word
"wednesday as Fisk's; during the last years his
life FlSk'S writing varied very much. Letter
handed to witness, and he Identified it as Fisks
writing 1.-THE signature being folded oack) To the
great bewderment OF the witness Mr.. Townsend
TOOK back the letter, opened Ii and read 1t in il
rs one to cJunse INT. Townsend) from John II.
Conan, inquring about the present suit.
Justin d. White testifed-He was familiar with
F1sk's signature and does not think the signature
to the notes is his writing; being handed $4,000
note he thought the signature more Like Fisk's.
William Belden, broker, formerly OF Howe. Il
Belden, called Tor plainin, testifed-He was
familiar with Fisks handwriting and he positively
identified the body OF the writing and signatures
to the notes sued On or one for $1,000, the other
for $15, 1856 james Flsks. He also proved to hav-
ing purchased $4,000 worth OF bonds for Miss
Mansfield.
Counsel for the defendant here offered in evi.
dence an indictment for attempting to blackmall
FISK, proved against plainuf in 1859, but the
Court excluded 1t.
Miss Mansfield testified she saw the $4,000 note
written. Mr. Fisk and Mr.. h. Morse, her moth@ land
herself were present; she saw the $4,000 note
drawn.
The question whether any consideration was
given Tor these notes was excluded.
Marietta Williams proved that she demanded
payment OF these notes in 1870, and no part OF
them was paid.
Cross-examned-That was In October, 1870;
FISK visited her was In December before his death;
the previous demand was made by myself
AT the conclusion OF the testimony Judge Van
Brnnt briefly charged the jury. After short
absence the jury returned, bringing in verdict
Tor S29,29l 81 agans. Mrs. Fisk.