The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
REsTELL's MONEY.

ONE OF HER BROTHERS SUES FOR TEN THOU
SAND DOLLARS IN GOVERNMENT BoNps-AN
INTERESTING TRIAL BEFORE JUDGE J. r.
DAILY.
Since the funeral ceremonies at the grave Of Ann
Lehman, better known as Nine. Restell, pub
shed in the newspapers. but little has been said Of
that mysterious woman. 1t seems, however. that
Nine Restell before her death the possessor Of
great deal Of money. portion Of which is now tho
subject of litigation. Joseph Trow lived for num-
Der of years with the deceased. who his sister,
and is the claimant for $4,000 of the money left
by her. together with the interest which has accrued
upon that sum-$1, 77S-making the exact amount
sued for sl1,77s.
In his complaint in suit which he has brought in
the Court of Common Pleas against Mrs. Carrie
Shannon, the exccutrix and granddaughter of tho
deceased Mr. Trow states that he has resided in
New York city for about thirty years. being most Of
the time engaged in the sale and preparation of med
cines concocted by Mme Restell, and from the sale
of which she realized profit amounting to over
100000. He then goes TO say that about
the LIST Of January $780, at her residence No. 567 Fifth
avenue in consideration of his services and in love
Of sister for brother, she gave and delivered to
him ten $1,000 United States coupon bonds known
as ivc-twenties and marked Joseph Trow's prop
perty." BY her consent tho bonds, thus enveloped,
were placed in the safe in the house. and subse-
ouently transferred to her bankers, W. and John
O'Bricn in Wall street, and on their books
corded as Joseph Trows property" Since July,
1873 she refused to deliver the bonds Trow. and
would not permit him to hold the coupons on them,
and without his knowledge consent she sold these
ten bonds and received therefor ST. 500 and $2s for
the coupons due January 1874, thereby, the
plant further states becoming indebted to plaintiff
in the sum Of $ll,77s. which sum is now sued for.
with interest from January l. 1874
THE ANSWER.
In answer Mime. Restel-against whom the suit
she had employed the plaintiff but asserted that hs
her. She further alleged that there had been set
plaintiff had then, for valuable consideration. re-
leased his claim against her.
against Mrs. Shannon. the execurix Of Mime. Resteu
Mrs. shannon, well the plaintiff. appeared be-
fore Judge J. +. DAILY in the Court Of Common Pleas
yesterday. when the TRIAL of the case was com.
menced.
SOME CURIOUS TESTIMONY.
After the had been opened by plaintiffs coun.
sci, who stated the facts already given in the
plant the first witness called for the plaintiff G.
p. Howe, lawyer, who testifcdA that he had known
Nine. Restell for o number of years-nearly thirty
and during her lifetime frequent visitor at her
house, one occasion when he had called usual
ct her house he ushered into her private Office;
she seated at the table with the plaintiff and
ogs and arrancinn Them IN nroper orer the nisu.
tiff at the time had envelope in front
of him marked Joseph Trow's property" and
also cutting Off coupons and putting them in his vest
pocket; in the course of conversation which then
followed. in which Madame Restcl said she was liv-
ing unhapply with her husband and that as she had
nothing but personal property which. she under
stood II, would go to her husband in of her
DEATH she had directed Joseph to take possession Of
them and thus prevent her husband from taking thcm
what did she say about the bonds?' queried
counsel.
..Shc said in 1873 that Joseph had married contrary
to her wish. and went to say. You know how I
get money, and don't intend that any Of that family
shall get any money make she said. 4 have sold
Joseph's bonds and he can't do anything about it;
he threatens to sue me, but he has got no means;
there was necessity for him to marry; he will
always be provided for hcre have taken those
bonds and sold them"
The witness was subjected to . rigid cross examine
tion by Mr.. Townsend. in which he stated that he
had formerly been the attorney In the but that
his connection with il ceased the latter part of last
May. II also attempted to BIO shown that the wit
the habit OF trequenting gambling houses but tho
witness denied that he was such character.
BENJAMIN Nathan. grocer. was next called, and
testified that in 1871 1879 he had cashcd certain
coupons for Trow at his request.
Frederick II. Pontun. who formerly kept restau.
rant in Franklin street, testified to certain dcclara
tions made to him by Nine. Restell various
sions TO the present TO the plaintiff OF tho ten
bonds in question.
Joseph Trow testified in his own behalf. He was
questioned ut great length TO hts OF the
nature of the medicine which was concoctcd. but de-
MED that he knew for what it intended.
Mrs. Perry, the mother of the first witness.
Mr. Howe, said shc had known Nine. Rcsteu for
over forty years. and had frequently visited her
house Fifth avenue; Nine, Restell had told her
that she had given to each OF her relatives in Eng
land house to live in and TO her brother. who lived
out West. she had given farm to poor Joe, how
ever she called him. she had left $4,000 in govern
ment bonds, and that he was provided for.
Several other witnesses were then examined on the
question of the value of the bonds aftcr which tho
Court adjourned until this morning, at which time
the trial will he resumed.