The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-01
MANSFIELD VS.. FISK.
JOSIE WINS HER SUIT.

"O'AA~
From the New York Herald December q.
Among the many lawsuits left by Jane
Fisk, Jr., for posthumous settlement betwee
his wife, Mrs. Lucy d. Fisk, the executrix Q
his estate, and the horde of litigants anxiou
to press their cases to trial, was one brough
by Josie Mansfield against him on two prom
issory notes. One Of these notes was 70
SIS, 900 and the other for $4,000. The actor
was commenced in the Supreme Court, tn
plaintiff setting up that the notes were givel
for valuable consideration is to say, il
payment for certain stocks, and the defens
being subsequent alleged payments of none,
in amounts sufficient to counterbalance thu
claim. On the death of Col. Fisk the suit die
) not die. however, but was revived agains
Mrs. Fisk, as his executrix.
| At length the case came to trial Yesterday i,
the Supreme Court, Circuit, before Judge
Van Brunt The courtroom was not densely
crowded, yet there were not many vacant seats.
The fact is the crowd of frequt nters throng.
ing the courts had seen Miss Mansfield Sc
often during the progress of the trials OF
Edward S. Stokes that their curiosity to see
her had become satisfied. She was promptly
in attendance, accompanied by her sister,
Mrs. Williams. Time and travel and exciting
scenes since have not apparently improved her
personal beauty, but her taste in dress has
evidently changed somewhat, for, instead of
flashing diamonds and silks of Raudy hues
and bonnet of startling pattern and colors,
she appeared most plainly, though neatly and
tastefuily, attired, wearing dress and cloak
of dark blue CLOTH a black felt hat, trimmed
| with black velvet, and a gray feather, and
| with no show of jewelry.
| Her sister, Mrs. Williams, was even more
plainly dressed. Neither appeared in the
slightest degree nervous, but gave their testi-
mony in a very clear and straightforward
manner. Miss Mansfield was represented by
John D. Townsend, and Mrs. Fisk by Mr..
Ball. Mrs. Fisk did not put in an appear
ance; but this, it is said, 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 G. Courtney testified to having
in November, 1869, commenced a suit for
$4,000 and $751; 1855 against James Fisk, Jr.,
and applied for an order Of arrest against him
on the part of plaintiff. The time to answer
was extended until after Fisk was killed.
The defendant was substituted 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 thess notes as James Fisk's |
For the defense Henry P. Antes proved that |
he was book-keeper to the Erie Railway and |
recognize the signature to these notes as
Fisks could not tell in whose handwriting
the body of the notes is; he knew of a check
for $3.50 being paid by Fisk, through Geo.
G. Hall, to Miss Mansfield.
On cross-examination witness admitted he
had no personal knowledge of what Mr. Hall
did with the money +; he will not swear posi-
lively that he ever handed money to Miss
Mansfield himself
August Schemmel, employed in the audit
department, saw Fisk sign vouchers hundreds
Of times day and does not recognize the sig
nature to these two notes as Fisk's.
On cross-examination witness was shown
The bottom Of note; he recognized the word
"Wednesday" as Fisk's; during the last years
IT his life Flsk's writing varied much. Letter
handed to witness, and he identified it as
Fisks writing (the signature being folded
oack). To the great bewilderment of the wit
hess, Mr. Townsend took back the letter,
opened it and read it in full as one to counsel
Mr.. Townsend) from John II. Conan, in
luiring about the present suit.
Justin D. White testified: He was familiar
With Fisk's signature and does not think the
signature to the notes is his writing; being $
landed a $4,000 note he thought the sigma !
ure more like Fisk's.
VIM. Belden, broker, formerly Of Howe &
5elden called for plaintiff, testified: He was $
amiliar with Fisk s handwriting, and he posi- )
lively identified the body of the writing and !
ignatures to the notes sued on, or one for a
5000, the other for 1875, as James Fisk's.
lie also proved to having purchased s14, 900 r
worth OF bonds for Miss Mansfield
Counsel for the defendant here offered in .
violence an indictment for attempting to
lackmail Fisk, proved against plaintiff in c
500, but the court excluded it.
Miss Mansfield testified she saw the $1,000
ote written. Mr.. Fisk and Mr.. E. Morse,
er mother and herself, were present. She
aw the $4,000 note drawn. 9
The question whether any consideration
'as given for these notes was excluded
Marietta Williams proved that she demand
d payment of these notes in 1870, and no e.
art Of them was paid.
Cross-eXamined-Tha was in October 1870;
ley were always on friendly terms; the last =
me Fisk visited her was in December before b
is death; he was then asked for the money
ut did not pay; the previous demand was n
lade by myself.
At the conclusion of the testimony, Judge te
an Brunt briefly charged the jury. After
lort absence the jury returned, bringing in II
yord;of for OO1 81 o~.o;nc@ NJ, E,,1- IL