The New York Herald Newspaper, November 13, 1866, Page 4

4 MADAME JUMEL’S ESTATE. THE ALLEG WILL SET ASIDE. OPENING STATEMEN! OF CHABLES O'CONER, Testimony of Mr. Nelson Chase, the Plaintiff, and the Rev. J. Howard Smith, the &e. Defendant. &e. &e. Supreme Court—Circuit. Before Hon. Joseph F. Barnard. Nov. 12.—Nelaon Chase and Others vs. J. Howard Smith and Others.—The trial of this important and interesting case, which has attracted much attention in legal and gocial circles, came up to-day for trial, It involved the disposition of the estate of Madame Jumel, valued at over @ million of dollars, and took the form of . bill is hancery brought by her heirs at law to set aside ani prota al ee Pea what purported to be her last will and testament. This document was executed in April, 1868, and under it her whole estate, subject to some ‘comparatively small logacies, would have passed, under a residuary cl fostitutions. to certain religious and charitable The claim on the part of the plaintiffs was “hat the document was obtained under undue influence. nd ~,j1¢ the testatrix had no mental competency to make a wa), The facts of the case are set out briefly and clearly 1% tho opening statement of Mr, O’Conor, elaborated in the te«imony. Practically, there was no contest on the part of the defence, as an amicable arrangement bad been made before coming into court, and the proceedings were, therefore, rather formal than otherwise. Twelve jurors having answered to their names and taken their Seats in the jury box, ex-Judge Pierrepont, of counsel for the plaintiff, stated that, without taking up time to examine them separately, he would put the general question as to whether any of them were inter- ested in the estate of Madame Jumel, or in the charitable societies to which some bequests were made, so as to provent their trying the case as impartial jurors. One of the jurors (Mr, Hinds) approached the Judge: and stated that he had made up his mindas to the me of the case, Mr. Morange was cailed The jury was, without further question, constit follows:—-Sigourney W. Fay, merchant, 48 Pay’ Robert F. Yelverton, produce dealer, 58 AX siroot John Reilly, liquor dealer, 116 East Twenty’ Lewis Frank, shirts, 85 Chambers as range, Lardware, 58 Allen street and” C. Rogers, cooper, 21 Suffolk stror broker, 217 West Thirty-thiro“™ Albert Tor42® William street; Twelfth street and > caps, eil, coals, 305 Bowew and 114 Bank street + ae Mortox street; Aaron P. Wilcox, merchant, in his place. Wal Mr. Hinds was allowed to leave the box an? yi ae Place; H cond street; ; Hyman Mo- Bowery; Benj. ter L. Leaman, eet and No, 6 South ary goods, 100 West vw xxi avenue; Thomas James, joseph. R, Good- 71 Dye#® street; and Michael Reynolds, toys, 344 Sixth avallte, OPENING STATEMENT OF MR, CHARLES 0'CONOR, Mr. O’Conor then opened the case on the part of the plaintif™, peaking as follows:— GuntLewin ov 11k JURY—This action has been brought for the purpose of setting aside a paper which has been sot up as the last will and testament of Eliza B. Jamel, for- merly of tlis city, who died in 1865—pretty well known by the public, and perhaps better known by the name of | Madame Jumel, as she was the wife of a French gentie- man, than by her Christtan name, She was a lady of | very large vealth, and resided in the upper part of our {sland for 4 very Iung term of years. The paper in ques- tion as executed in “ extoutionshe was from eighty-seven to. ‘April, 1863. At the time of its ae years of teo-seteily between eighty-seven and eighty- er her death was about al fed as a will, is claimed to fe void This paper, on account of Fosanity or incapacity on the partof this lady to ex wuch paper; and, in order that you may youravaw of the testimony which is about §o be presented, for the purpae of enabling you ie come to a pro} should Seed poucy cena amen, of her husband, "John ‘Rot have held som 4 aE we ol ww York if Ne of this cent) and means ea Stephen Jumel, a wealthy Pepeperowe business in this city. per cenclusion, it 18 give you = eae ae tori an ite humble. She was oT teaweeh a native of Rhode Islan Bowen, who She, Mrs. French She and was, I bel thing more than acommon sailor, although posed higher post in the m ter of John Bowen and of born in Rhode Island. She ster, The brother died very early, fuave no account of him. | The sister came to the about the time that she did, at the here each of Jumel, married then in merchant, Her sister married Mr. ‘illiam Jones, a gentleman in moderate circu: and who never was in subsequent period. Mrs. who survived her, aod who are living four of the plaintijis another child, necessary to take: who died early, other, at least in any es bad four children, and who are in this action. She had and it is not to sot aside this will—Mrs. Eliza Jumel Tranchell, Mrs. Louisa Jumel Maddox, Mr. William B. Jones and Mr. ho lee Jumel Jones. Mrs. Jume! was never blesned any with Mr. terity. Ata very early period of her anion jumel (we know not exactly at what date, at a vory early period, perhaps as carly as 1806 or ‘sor, or perhaps a year or two later), they adopted as their daughter a young girl, named M: sister, Mra. Jones, defo fore not exactly Who re Mrs, was born of her jones’ marriage—there- legatly akin to anybody; but she wag adopted by Mrs. Jumel and Mr. Jumel. This young lady Was brought up and educated in this country, taken to Frapoe, and her education completed there; taken back 01 Siate of New in wedlock with Mr. Ni jolsor rk, end introdaced to and united in Chaen, who is the other plaintiff? in this case, Throaghout her Nie she enjoyed the affection of those parents who had adoptea her, until the death of Mr. Jumel, in 1832; and as to Mrs Jumel her mother b; adoption, until she herself died in m4 year 1845. She bad been married, as you will perceive, some time previously to thai—I think about tweive qeers provioust ihm and Et Deing the eider, nd she left two very young children, rather Eliza and William, the girl the old Jady immediately accepted and adopted these as her grandchildren, as you might say, and indeed sometimes so called them. They were, how- ever, whea any strict form was observed, called nephew roperly sometimes in writings, and nieco—strictly and grandnephew and grandniece, They were such ture if not in strictness of law. For the mother, Mrs, Chase, the greatest affection had been manifested until her death. For these children the greatest affection was manifested by Mrs. Jumel from their birth until about the year 1859, iy » them. ory of this fa Jumet vist dreu. mnily. From that time forward it is prob- that ‘she did not manifest any great affection for Mm, Or she, at all events, at times manifested a sort of Inow come down to the latter part In the year 154 Mrs ted France, taking with her both these chil- While in France ahe negotiated and arranged for & marriage between her granduiece and Mr. Porry, the only son of respectable French parents, Sho then, by her ietiers to the parents of this young gentleman who married ito her family, stated ber intention to give her whole estate to these two children, That is the substance of her let- ters which will be read to you, She returned to New York in tue latver part of 1864, soon after that marrlave; and very soon after that, she being then at a very ad- vanced period of life, tue deciine of her mental powers commenced. In the year 1s that is to say, in the winter of 1854-5-—pegir ning, Say, in Jai nuary or Febru. ary, apprehending that there were groat_numv-ts of peo- ple euguged to a design to n Originated a legion of abyut tw made a sort of garrson of her resilenc per: er and rob her, she » Whom she ut in the country, and kept them in her employ, feeding upon her, dressed up in a sort of fantastical regimentals wivih she prepared for, them, (as he may be called), W fifteen years, commande: nild, riding at their b During the night a regular guord bat to be with ber m, Chase, then little grandson only fourteen or ae a sort of set—the first party going on guard, being releved by the second, thus keeping up a regular rolief of guards dur. ine the night, alarm. garrison was then sroused, neighborhood searched, the guns fired, Every now and then there was some A guard would fire bis gun. woods The whole the that and all This was in consequence of adeluson existing on her part, and perhaps some of these poole were very will ing to paoder to it in order to give her reason to believe that (twas proper to keep them on guard. Sho failed considera next f Saratoga =prings. © years after Unat. ably in her montal powers along during the In 1369, whiie she was at lace which she was in the babit of Visiting. having orty and @ residence there—she had some sudden excitement, arising from a patn in the head, as it was she started at table. This power wh mnost ext raordl y home. immediate troyed. ment of her completely re- hat condition in. which hor mental behaved in the in the railcars when coming ter hor arrival at her residence on the sland bere she began to exbibit a Variety of in. Sane delusions, In he Orst piace she thought thas this young Willian Chase, who had always been the vory apple of hereve, in whom ehe had takem the greatest Poreibie pleasure, aod whom she lowed extremely, if we May judge from her ation, had fixed the cornice of a he vigitod her occasiot Jumet with great k) before separating fro that be intended to m conception of Mrs. Per: kilt her by that kind 0 deavoring to poison ber. wody about her was \ way av that it should tamble weo ent And was re na and pleasur he et —not that She vhonght he wanted to kill persisted im this so that Afterwards fod by Madame but usually, out on this idea ‘ormed nad attempted to Violence, but that sho was en. Judeed sh» tho deavoring 10 ht that every tier, She er, in NEW .Y Doi ce was not enough, but he bad to dott peso eyra ge mea that all the people her were engaged in attempting to destroy her—and this without the slghtost reason, for they had always treated her twith the greatest kindness and respect ; and tbe absence of reason im regard to it was shown in this, that although she would turn these persona out of her house she was always jad to soe thom como back and be with bor. ere wore various other delust her miud which it is hardly worth while to tel! yo She thought ber premises were full of buried treasure, and wanted people to hunt for it, She thought that she had the power of miraculously§ curing? persons by the mere imposition of bands, and there wore a variety of things of the most extraordinary naturo in her conduct which I think it hardiy necessary to Iay before you. It was while who was in that condition, in this last stage, that on the 15th of April, 1863, the will in question was made, Lawyers had been calied in and attempts made to do for her the business of letting hor sign, for what it might be worth, ‘any will which she talked about; but they always failed to bring her to a conclusion in consequence of her flighti- ness and manoer of flying off from the business on hand. At last Mr, Wetmore attended her and ft Ts ia a consinecanie Gagene like the will in question. tiukked to her hours, upon all subjects umer Heaven, for thus she rambled, but fn bol an are er drew her : to eau the wi made —_ suggestions Rimentf, and in, one cd or other, induced er to give away of her property. He could not then Oe aiesottice ‘out of hor for the re- soy ther mainder; so he sed to her—‘‘Shall I put down the rest to divide among thre persons.’’ She seemed to consent to that, and he crdereé that to be written down. ‘Now’? said be ‘Madame, sign the will.” She did not sign it, and the will remained inher possession. It seems that Mr, Smith, the pastor o: the parish, who was in the habit of visiting her had this projected will produced to him, and made certain altemtions in it. I do not think it mecessary to go into the detail of those altera- hich stripped this family ct hee property, bat afk oot which strip family o her property, ie will in ite essential legai chiracteristics no pee thn the thing that was made up by Mr. Wetm-siored a8 f his will than bers, ia pe bel and as he sup; copied in that alset le of abighbors iS omen re ber sig- form, and brought it to her one day, and she in a fumbig kind of w teed nature to it, conducting herélf in ie et by Mr, ae ner. The will was rcgry eee gn erty hich you are now to pass judg- and infos — after her, is, and it is the paper ov' ment, The nature of thi Peper, lady | was worth joy? It gives first sixtes: defey the expenses of the build- church, and $70,00 “fon'of a parsonage. This she ing and also of t .“A’devise to tho corporation of the gives in the forghborhood, of which the Rev. Mr. church in thgjstor. This paper, called a will, also Smith was smith himself $5,000, and gives $5,000 and gives to Mo various other charitable institutions. It other sijr, William J. Chase, her favorite grandchild, kivegg cuts him off entirely. It gives to Sirs. Perry, no}"'then had a child, and who was entirely de- ybndent upon what this old lady might do for her for subsistence, except that her husband might fabor for a living for their mutual support, $10,000 to be invested, she to receive the income from it during her life, and the capital to goto her issue, if she should leave any at her death. The in. come would be about $700 at the utmost, enough proba- bly to buy food for that family of three persons; and this was all they were to get out of her vast estate, ' It is not necessary, I should say, for me to comment much at large upon this case, or to comment upon any of the facts attendant on the particular act of executing this will. The bare statement of the ease shows a case 80 strong—so extravagantly strong, one might say—so preeminently strong, I should say with more pro- priety—that it is stamped upon the face of it as an act of lunacy. No person in the possession of his senses could possibly make such an instrument under the circumstances in which this lady stood as the pmtector, it may be said the parent, of these three chil- dten. There will be probably a little dispute in the'case for this reason:—Mr, Chase and his coplaintiffs were always willing to give up to those charitable institutions the $40,000 or $50,000 which was bequeathed to them, Yecause they were such legactes ag a lady in her circum- mances, with her fortune, could, congistently with her duty to her family, very well have made, |, gent men, itis but fair tor me to say that Mr. Chase has agreed to pay those sums, deducting something to make up for the cost and expenses of this trial. He has also agreed to pay the legacy made to Mr. Smith, the minister. The interest of those parties in establishing the will was of course that they should get instead of their $5,000 apiece an equal pro rata share of the whole residue, which would give to each of them a very Vas sum. I need gay little more of the circumstances of this case. Mr, Chase appears before acs ee. Our principle in this case js that, as. a matter of reason and justice, this old lady was bound to have given the bulk of her estate fo these two chil- ren of Mr. CI and the p- ion of anything in the way of a legacy to a friend or to charity, which she might so give, within reasonable mits, But as these children were not heirs-at-law, re owas a difficulty in thelr making any im. Mr. was not an_ heir-at-law, dhe could not make s claim, But the mother of jose children was the simer of those four children of dame Jumel’s sister, Mrs, Jones. They were Wpirs-at-law. They knew, however, that this lady in her Wetime had ex wills, when perf well of mind, in which she made some ywance i iy moderate amounts, gentlemes, is th $7p°.000 or $800,000. id on which to build a ge sg € Hi i e { z 3 | g 4 s the please, and ill proceed to dence before the jury. i EMngham amor Walgrow’ was, the ‘frst witness bear ‘on the part of the plantff, and testified as fol- ‘an counsellor-at-lav, waiding He a a iv, in this city? @ be gD npn 4h A. Ho was. D @ Were yon then with him asa lawyer) a. I was. You and he occupied the same ta Yes. ¢ Mined gh eo A. Dow = you know jumel—Eliza 2, J, lately deceased. A. Yes. bi Did you know her well? A. Quite well. < ek at ae Ne have be fe | done + the office of Ju in reference to p ang and hans Inglis cuting a will? A. Yes, sir; she came will drawn by Judge Inglis for her. @ Did you hear her give the instructions? A. Pmt of eS ou yything of her furnisbi meno. you know an; ing any randum? gp Yes, sit. Q Have you the memorandum which she furnished ? A. [have one which I su is the one she furnished ; did not see it furnished, but Ifound it gttached to a draft of the will. Q And you suppose that is the one she furnished? A. Yes, si ‘ou A. Yes, sir. « ‘Q. And how it know that she d pose that this is the one. Q._Is this (hand: Be Bln oo Bh Be fi Teed will? A. Yes, sir, is the draft the ; it isin the handwriting of Judge Inglis. Q Is it completed in such a way as to constitute a copy by having the signatures to it? A. It is; it con- tains the dates and all the signatures of the party and witnesses, Q Then it appears to be a draft of the will, which, after the will was executed was turned intoa copy for Preservation? A. Yes, sir. Q@ Do you recollect Madame Jumel’s executing the original will? A. I think I do, although my recolieetion of it is indistinet; my name ay rs on the draft as one of the witnesses; I have no doubt she did execute it. Q. Do you recollect the ciroumstance of seeing her with Judge Inglis? A. Yes, sir. Q Talking about her will? A. Ren ‘sir. Q Do you recollect whether she did furnish any mem- orandum’? A. I remember she furnished @ memoran- dum; she went out of the office for the purpose of get- ting the names Of some of her family. The draft of the will was here pat tn e¥idence, as was also the memorandum attached. This witness was not cross-examined. TESTIMONY OF PAUL F. FULLER. Paul F. Fuller, a clerk in the law office of Messrs. Con- deri, verified translations of letters written in French by Madhme Jamel during the years 1854 and 1856, some of ther being to the parents of Mr. Perry, who married her niece. at there you do not know? furnish ® memorandum, and! sup- TESTIMONY OF NEISON CHtase, Nelsog Chase, one of the plaintifts 4 then sworn, and examined by Mr. O’Conor, Q Are you one of the plaintiffs in this action? A. am, Q Were you acquainted with Madame Jumel, for merly of the city of New York? A. I was for many yeare Q. How did you become acquainted with her? A. 1 became acquainted with her by meeting her in the county of Otwego in the summer of 1831, and subso- quently by marrying Maria Jumel Bowen, ‘her adopted da: from that period or shortly afterwards, I be- came & member of her family, and resided with her, and in ber family, with some intervals for three or four years. Q. When did she die? A. On the 16th of July, 1865, 9 Did you know Mr. Jumet in his lifetime? A. I 2k About what time did he die? A, He died im May, Q Are you acqnainted with the property mentioned in the complaint in this case? A, Tam perioctly familiar with every parcel of it, Qa bd bad ~, Possession of that property and the reota and profits theroon at the time of Mad a i death, A. Sbe did. muy ganas Q Now, aa to the property situated in New York, had that been purchased by her, or was it the property of Mr. Jumei? A. Allyexcept two houses; ono on Sev. enth avenue, at the corner of Forty-first street, and the other the next house to the corner where Mr. Jumel's roperty is; that Seventh avenue property was pur- : Madame Jumel, or rathor for her. m chased by or her, @ Is Maria Jumel Bowen, your wife, living? A. No, sir, she is dead many years, Q When did she die? A. She died on the Sth of May, = Q Did you state in What yoar you married her? A. Tn Tauoary, 182 A y children of that marriage? living, aud two died in infancy, What are the names of thore who survived ber and are living? A. Bliza J. Perry, my daugutor, and Win. Inglis Chase, my son. bi ‘About ‘what time was Mrs, Perry bora? A. I taink vargow. ¢ im 1st URK -HERALD, TURSPAY, And whet was William born? 7A. In Tao: By what pane of goiptonship did Madame Jumel this adopted daughter of hers? A. Niece. o wasTeputed and understood to be her mother? Marta Jones, that was the repute inthe family. . According Lo the repute in the family as to her age, about what ime was she born? A, 1801 or 1802, Q. What relation existed betwen Mrs, Jumel and ‘that lady during ali the time the you knew them? I mean as to friendship, love or aitachment, A. A stroager ees. eer! ‘existed withiy my knowledge beswoen two human Q@ Attho dont of your wife, how did Madam Jumel receive that event?’ A With thy greatest grief; she twok to her bed and remsined there for a week @ What became of she children on that occasion? A. Not long after tne a of my wife she took botn of thew to her house and adopted into her family, and coatinued them there during their infancy, acting towards them as ° mother or a grandmother, teaching jhow Be rudi- meuts of education for young children ng nuraing them in all the digoases incident to infancy. Tas contd do oat aecountod 121864, and daushter, which ju io ‘the case of my son until she became infirm and insane. Mr.-O’Conor—I do not want you to that; T mean until what time did 1 wea oar olildren and yourself lived with te old lady? A. We did. ‘And formed her family? A. Yos, sir. & APwhar time did the old lady vistt, Reape for the last time? A. She left this cour, and re- mained in Europe with my)! phytic bn when she returned with mr ye ‘ , Tuaried. bobind with the taste Jumel’s last visit abroad ? A. Yes, sir, ‘aadame Jumel went abroad, by what name WT mate herself? A. Madame figa D- Burr 4ig “Why was that name taken? A. As a travelli name, 7 having been formerly married to Colonel Aaron Burr. a Q call A. M any-bing about 2 A. Until Q Look at those letters, the translatiaas of which have been re in, and say whose ures are to them ? A. They all bear the signature of Jumel in her proper handwriting. @ Are you perfectly acquainted with herhandwriting ? A. Perfectly well. The letters, which were principally ym Madame Jomel to the parents of Mr. Perry, pending the negotia- tions of his with her grand nijce, were here ut in evidence and read. In sume ofthem Madame ‘umel intimated her intention to leave all! her estate to her niece and nephew. Mr. 0’Conor—Did you notice, after Malame Jumel’s return from France, in 1854, any change in her condi- tion? A. ldid, Q State any particular instance of it occurring some time after her return. A. She got up a military com- pany which she called her French legion, and uniformed them in a very fantastical manner, and had them march about the house against my remonstrance; she con- tinued this for a number of months, altogether support. ing a large number of persons. Q. What number? A. About twenty. Q. Was it in the summer, fall or winter? A. I should think from about the month of December until about tae month of May or June, Q Describe this legion if you please, A. She had guards set every night, Q. What was done in the daytime? A. They were marching about the house like a military company, as if the house were a garrison. Q Hadthey a commander? A. They had. re Who was the commander? A. My own son Wil- mn. Q How old was he then? A. Fourteen years past. Q. Had hea unitorm? A. Yes. Q Did he wear it? A. He did. Q Had youauniform? A. I had. Q Did you wear it? A. No, [never put it on. Q As to the guards at nigh, please explain how that was, A. A guard was setand 4 countersign agroed upon and given; guns were fired and guerds were relieved from time’ to time, and this was key up the whole night; there used to be alarms given in the night, and the whole garrison was roused, and there was a pretty general disturbance of all rest. Q. I will pass over occurrences from that {time alang until another period. hen was this old lady last at Saratoga Springs? A. In the summer of 1859. Q, Did anything remarkable happen to her while she was there? A. We were sitting at the dinner tabie one day; I was sitting opposite her, when I noticed a kind of shock that had apparently struck her; I ke at once and said; “What is the matter, madame?’’ She and pat her hand up to her head, said, ‘‘I had a flush;” I thought at the time that it was so marked that it was incipient apoplexy; although the passed off momentarily, she complained imme. afterwards of objects igre before & iy bil if Eebe28 HY ? i g h +44 i ste Fy i oF FE. i sfix z EF i i Ht i E g i ; creek i i i T et ie L ul F ef é j ta kr & EBexezs gs ih i 54 te ee f g 3 4 FE { H i i peg 1 i i # E 93 [ By 5 gs ‘t BE z H i e a ety i tit; Ea bist s ite gp E | EF i] ef i z i 2 . i i izede fe 2 = indly Beople 3 BgEne hae are Q ‘ou spoke of, was there anything Yat eny part of tt had been lo: A. Not the slightest. ak Was she able to point out anythig of the kind? Nothin Did her inability to point out anyty Nar Gast tne ae Whey? ok. oy epics her charge that my son had done so. Q@ Was there any color or sort of evidence of such a thing having been done? A. Not the slighwst possi. eS nee rd to th songs to poison her in Mel s Aad ig op I em , were ut! ; there A shadow ot foundation fora of Sn on? rer low was she ne treat her reopecstilly? ‘A There never was a perme who was treated more ki i eoeary, and affec- be ane Re} sho was by myself and all the members of 4 @buring this period, from 1880 onward, can you mention any other delusion under which #he was iabor- ing? A. I remember, others, that she charged some very respectable ‘neighbors of hers, with robbing her or trying to rob ber of her ¥ 5 [en Sees Seer eee bames of Mr, ‘OConor-- You had better not. Witness—She porsisted in that charge for three or four years before her death; these were very respecta- ble people, hight: and there was tot a shadow of a foundation for 1 eschane ag all the world might have known if they bad bh it; she had seme very extraor- dinary delusions upon other jo them. A. She wsed to wil that she bad been 1n heaven, and she insisted it; end when told she must have been in a trance or a dream she would insist upon ft that it was a reality; she said she had seen the angels of heaven fluttering about her and that she had seen the winding sheets of the dead and bright new pins which had come out of their grave clothes in very larve les; I have attempted to convince her that it was impoesible, bat she tained it to the very Inst, Q. How as to buried gold—do you recollect anything on that subject? eg which went on towards the last of her life consta tuned to tell a Hsia at "ene eeeal Westen es at) u e there aod t ly it from the all the neighbors who had adhered to the it their valun- acle, and she had t some bles and buried them in fg rocks to goat this ngaged in di and bi treasure ona number ot she undertook to get others to engage in the im op , but they would not 4 thin GAlong during what peried foo vhint’ A. During 1860 and Q Was her condition at any tim® ‘ater than that better or worse? A. It grew worse as shégrew more feoble and older. Dy thing fn regré to any miraculous peters tak an pentand irom fs rn 1868! A. ihe has repentedty said that si cured diseases by the laying on of hands, ehe has told that to numerous one, MDs you think at this “hea doius.ou under which sue ? A No, oe, & teok at thts paper and say whether her signature is to Mr. O'Conor here put inevidence the which was a given to Madame Jumel in Gotnber, 1858, in which ber az was set at seventy-six or soventy-nine d.stinguish which figure being impossible to Q Do you recollect her keeping any remedies for that practice which pene to be addicted, to, of ing hor? A. She which she sapgnese 9 he Obie. and it was aweet which she took in numerous 3 @ Was she laboring under the enpegction, of Whe sane ‘TESTIMONY OF SMITH BARKER, Smith Barker was examined oy Mr. O’Conor, and @ ‘You area counsellor-atlaw, and have been long Practiaing in this olty, have you not? A. @ Didyou know Mme, Jumelf A. I did. @ Did you at any time prepare a will for her? A. In the year '46 she called upon me for the purpose of hav- ing @ will drawn up, which I aid. Q Have you your draft of that willf A. I have, Q Was tt and written at ber iustructions? A. It was, tit? (Producing the copy of the will.) A. ‘Prod + the will. innve te with me. anne that he did not propose to read the will now, but merely wished to prove the fact of its Counsel bere made, Mende cestentice of this witness was here concluded. ] ‘TRETIMONY OF DR. JOHN J. CRANE Dr. John J, Crane, being called as a witness and duly sworn, testified as follows:— Q You are s practicing physician in New York? A. Yes, @ How long have you been in practice as a physician in New York? A. Something over twenty years. z Q Were you at any period the attending physician of Madame Jumelf? A. I was. Q From what time to what time? A. From June; 1860, until the time of her death. Q Were you in the habit of visiting her at her house? T was. @ Along at intervals during that period? A. Yes. Q@ What was her condition, physical and mental? Tell it as you see 4 when you first called to see her in 1860, A. In 1860 I called in June to see her; she had then been suffering for a few hours from the use of strawberries (laughter); I asked how many boxes she had eaten, and she said twelve—(laughter)—althougn she had usually eaten twenty-four ata time, but that she had taken a tumbler of sweet oil, and she thought it had made feel better; I talked with her, and I found her mind so far impaired that I took no notice of her statements, and in my conversation referred to an attendant gave my directions to her; I saw her on the following day, but she had no distinct recollection that I had been there to see her the day previous; she asked me if [had been there; and so it wasfrom one visit to the next, her mi had no connection; her memory of present time seemed to be impaired at all occasions, and her principal difficulty seemed to be in her belief of her power of remedies. Her mind seomed to be disordered to such an extent that sto said on all occasions that she had a gift, a power to cure, and that it was hardly worth while for me to prescrive for her; but at the same time she would talk it over. Q What power of cure? A. She believed she could cure any one by lying on her hai Q How did she say she had got that gift? A. That I don’t recollect. Her conversations were 60 disconnected—like an insane person’s—that Igave no credence to what she said, and in fact thought nothing A of it, Q State your further experience of her. A. I saw her from time to time when Dr. Clark ‘at- tended her, during a period of five years. During these five years she would talk to me about her condition— ‘she was a victim to a conspil That was one of incipa! subjects of her fear dread. Q Conspiracy for what? A. To kill hor; she said she was afraid to take a in the way of ;toat she knew they intended to kili her, to poison her; I tried to Teason her out of it, and told her that could not be the case, but she said she knew better, that had oven fixed her wardrobe go as to kill ber, and she showed mo how it was arranged; then after these conversations she would become quiet and sullen, and would not speak, and then I would leave her; she seemed to be, from her ay communicated something gE rr Would thoes diecasce have mien ber strenguh at that Une of The witness was not cross-examined. TESTIMONY OF DR. ALONZO CLARE. Dr. Alonzo Clark was examined by Mr. O'Conor, and °€i ‘bid you, as consalting physician, visit Madame J ou, consul si \- ei im oosapeny. with Dr, Crans? A, Yes bs as company wit! will oes ot ber anulision sha your her mind? 4. Her health was feeble, She had ions, Referring to all racy A variety of sub. AF, her ith, t9 outs niseesh ok her two prin- ” and you_ remem! any other of stories? “A. I don't thiok “I cam. state “dosiaieey “ee apare as hat tra enn meat to do so, ‘\ Was that your judgment at ime? A. It was, ng pe yourjudament now? A. Tt is my j at 4 not of making @ will when | saw ifter that. any time al not cross-examined. Berger, $2,000; fourtli,” Asylum Society of the city of New York, for th of said society, the sum of $1,000; fifth, te Rew'vork Institution for. the ‘Blind, 1,000, at the hag society entitied an Association for the Relief a ae Aged and Indigent Femaies in the City of Ne ‘ork, $1,000; an@ gave to Francis K. Ber. mainder of her estate and wi persons :— Eliza M Chase, William Englwh Chase, ta andnpyoter: es L, Berger executor of the will. e will made July 3, fourth, to Nelson Chase the php C f Saratoga Sprii hiet she one mile from the village o! whieh she purchased of Mr. Tay, ‘and formorly called Taylor's farm—sorme one iundred and sixty or one hundred and seventy acres; sixth, to William Chase and Eliza Chase sixty of the ninety-six acres in. the Twel(th ward, in one conUntous tract; seventh, to Eliaa Tranchell, daughter of het deceased ‘sister, Jones, ; eae Regen ine Elim hen pan year, and to a your; to J. Maadoc! and to Louisa sdacek $200 a year; Sas vrancia B. Berger and Charles O'Conor the rest estate, aud authorizing these Pm) as execators of the will, and revo all wills and testamenta, Ac NRLPON CMAPK HERO ALLEN, Nelson these -08 shea recalied a4 8 wituoss, and testi- as (elluee:— NOVEMBER. 13, 1866.—TRIPLE SHEET. Q Who is tho Mrs, Jones.named in thia will? A. Sho was a sister of jumel, Trancbell ? niece of wre: Jumel’s Bister. 12 alonnaiaacs gett ph ter Mrs, Jones, widow, and Mra. Jones? . \A. the house of Mrs, Juinel for to either of these? A. F 3 Have you been able tofind them? A, No. witness was not oposs-examined. OF MRS. BLIZA J. Rise Perry was examined by Mr. 0'Conor and wife are you? A The wife of Paul R. know Madame Jumel? A. I did. relation did you stand to her? A. I stood See mother? A. Mary Elizabeth Barnes. ive with Madame Jumel? A. I was bora nod vet Saeke seul Tay py to friendsiip? A. The of a mother ter. ere they kindly? A. Very kindly indeed. would call your attention partoulaiy to the last was at Saratoga; do you remember that? ES astenan Vise that? A. During the summer of Q Subsequently to that will you state whether took place in the old lady’s for you Rg Bee ig MG Hn ST a fo in ment cay ; MJ that too much money had beon, spent, and that wo were #8 ie ae = & ~feesge SB gee °F iin} 4 A. I was not; I was in France. Pass over that period until tho time she returned from her last visit to Saratoga Springs, and I will ask you what was her condition then as to mind—what maniles- tations were there? A. She gave manifestations of craziness ; she accused us all of poisoning her ; sho said my fatber put the bed-bug mn in her ugh- teri—and put tacks in her shoes when she got out of bed, 80 that it, would Kill her. Q What of yourself? A. She accused mo of trying to po.son her; she said I carried arsenic in my pocket to sprinkle in her tea and over her beefsteak; atterwards she would turn round and kiss me very affectionately, and say, ‘‘How much I love you!” @ Did you notice any charges that she made against your brother? A, I did. Q Had these charges any color of truth? A, They were perfectly groundless. Q After she made them did you continue to assist her? A, I did; mostly every day or eve other day. Q. How did ‘sho receive you? A. With the greatest affection, and always gave me money to pay my way up and down, Q. Did she abandon those charges or return to them ? A. She returned to them constantly. 'Q. Received you kindly. trom ‘time to time, but stilt made those charges? A. Constantly, up to the time of her death. Q sto any other delusions of mind, do you remem- ber any particular wpic? A. The laying on of hands, and curing all the sick. She said sho had cured every one with her right hand; that if she once touched a per- son, no matter what disease they had, they would be in- stantly cured, She believed that she had been to heaven on certain occasions, and sald that at one time she saw there all the soldiers that were killed at the battle of Bunker Hill. The witness was not cross-examined. TESTIMONY OF MR. PAUL R. PERRY. Paul R. Perry was examined by Mr. O’Conor, and testi- fled as follows:— Q Look atthe letter dated Paris, May 22, 1854, and say whether f het saw that in France before your mar- z - e? A. (Examining it), yes; it was directed to my father. $ On what? A. In an envelope; a large envelope. Look at the letter dated Paris, May 26, 1954, and say if you saw that before your marriage, A. [examin ing it.) Yes, it came in an envelope. ay Are you the husband of the lady who just testified? am. ‘ You married in 1854? A. Yes. Those letters were received Y he father when 08. TESTIMONY OF WILLIAM J. CHASE ie Sane Nice Senet by Mr. O’Conor and as i You are a son of Mr. Nelson Chase? A. Yes. Did you know Madame Jumel? A. Yos. } Where were you born? A. In Where a> you brought up and by whom? A. Did you live with her for any considerable time? 18 nS it EEted iH ft is : i i 3 { a sf Pe ; in i i F 3 i tind i j j iE = F £ ~ EB Hi i i H i : rf 4 § Ls 4 : 5 & 4 it fr if H i EE u EE i i Waa AS iW LH iH eck é i i i i : o3 i ‘i ¢ zeece xia 3 if z 3 i i | z ; ; Lt examined by Mr. 0’Conor, follows : you know Madame Jumel? A. Yes. ‘hat relation did she hold to you? A. She was your father and mother? A. William jones. relation was Mariah Jones to Madame Jumel? early in your life did you know Madame shquid imagine from the time I was five eek 35 i 2 5 i ke re rf Tececlie i aeilige! i EEG H : 3 E i : tab atereocree wlth Bae Xe Tenn ia"het, vee year = naa aaah pamptayed inte: ip the season to “ie ‘ore you iptroduced to people by her there? a. “<Q As what? A. She was sick almést We didn’t receive much company, but ieos, fas your daughter there at thattime? A Yes Had been at Saraty; ‘lous: eo at Saratoga, Tn a Ade all the time 1 was introduced. r Mada rete weeks cette montane” Ay at 8 as you understood? A. Phabe Jonn Q Where did jthese persons live? A. In Smithfield, ake, knocked married maa. Q What became of ever see your grandfather, John Bowen? became of him? A. He. was drowned— overboard by the boom of a sloop; he was a four married ina Cuian, sieoe aren tes atte i, wind beonas of emt a ae ee woes aunt believe in ‘What was his What became & Wes A. No. Q Had No. Q Who four mother—name them over? A. They at shy, Hae was your mother married? A I Here ‘At what timo was your aunt married? A. I think Q. He died at an Madam you the family your with from got toNew York? A. They came came from the South? A. Yea in New York? A. Yes. mother Phosbe A. Eer maiden this name wie’ Ket from Madatn Juinel as weld ee eae ee ae r AY there any other or children of that mar. John Bowen and Phwbe Kelly? A. You a name? A. John. of him? A, Hedied in the South of ‘Whon? A. Treally don’t know. he ever married, as faras you have learned & period? A. Yes. ever any children or child? A. are the children and descendants in life of ‘m. B. Jones, iza Maddocks, myself and Stephen Jones—two broth. ers, One sister and mysel!. DE becca A. Mrs, Chase was my sister; she is ‘ Q. Was ar as you @. Bi except to though id you ever know of. it 80, she a daughter of your father, Mr. Jones, aa ever understood in the family? A. No- your motuer being married Mr, Jones, or, ever hear of it? AI always Q. Did you understand of her marriage to the parent of Mrs. Chase? A. I did not hear the particulars. Q. You don’t know of any other marriage? A. No. This witness was not cross-examined. Stephen J, Jones was examined by Mr. O’Conor, and , testified as follows :— Q Are examined ‘TESTIMONY OF STEPHEN J. JONES! twas inst you a brother of the witness who ? A. Yea, Q, Look onthe paper which I think was marked No. 2, being the annexed t You memorandum which Mr, Wallgrove produced, 0 Mr. Inglis? will. [Witness oxaminca it] have looked at it? “A Y ‘om Q In whose handwriting is that? A. It looks like the bandwritii ing of Mr. Maddocks. @ Who is Mr. Maddocks? A. My brother-in-law. Q. Tho husband of Mrs, Maddocks that has been spoken of? A. Yes, Q. Is he living or dead? A. Dead. Q When did he die; about how long ago! A. About 1854 I think. The counsel for plaintiff, Mr. O'Connor, here stated that this memorandum was found among Mr, Inglis’ papers, annexed tothe draft of this will, which the witness stated he knew. | A memorandum was.brought and delivered by tho lady to Judge loglisy and it is found am jong Judge Inglis’ papers. This witness testi- fed it was in the handwriting of a deceased person. This and Trancbell, Maddocks: Q. Look desori: of the Jones — A {as Wesited ip 1 2 ¥ memorandum was Lero Leet rmegea tue names age B. Lape Sarah Jones and the chil , James jones and J. Jona; aiap Hom Eliza Maddocks and the two children, Emily and George siaddocks. at that aghin and tell me if that 1s = correct as ty existed:in 1851? "es; that ‘s correct, es. ‘witness was not cross-examinod. ELON Qa tia poy pay arta [a deca 1, 1828) and tell us what ‘are? You tell ua vember have seen the deed very often, and, I suppose, a> iiiftefe [rad ea Hits i 3 5 i ‘ Ay Bega S35 E E rT : a af i whether the ‘ # “Z E H : i 5 i arr iy i cal premises contained in it, 18 not the ir. Jumel? A. This Mr. N'Conor and tes- Was she one of your clients? A. Sho was a client ine for about forty years—commencing im 1826 o¢ iH fF s iE Fe iE 33 # 3 4 th ii eitad 8 FE EE ik = presets E* 5, - rel ieghes £ i . a¥ 38 82 : i => atte fBiss E q i i & i a ze i c; rH ? ef : 3 i & 2 = & 28 se z i BE E ¥ How long wore you thore at sebool? A. About one aoe i . Madame What was Bame of * bere your oldest brother? A. ‘ae be aver sent anywhere by Mad: ’ A. He was font (o Parte for bis education, ng RMI @ How Wong did be remain there? A. About three @ Woon did he go? A. About the time wo wont to Mgrs you latercourse with Madgme Jamel afte. the last ime, i eet a No a ‘ou dida't Gee hor alter thas? Cs a send. youn, @ been Q year. Q Q nid Cues i i hed very lites to do with Mrs Jumet never able to transact business for the last that year, of this woman 1 ovens J voll, wad T will tsk you now im your judment, #he was of sane mind? I would not consider her competent to or five years; make the paper which I had drawn, : the w xive here « oni? A, Hecauss ngwiarly situat to sign it? A Because she wes up; 1 was to go Perween ail partion fies; im het harmony shonid be kept 4 friend of all family troubles she would talk to me ber toe) diseuade her, #he might have goue to some juher lawyer and bad (be paper drawn wp; L wanted te keep her control over it. You @ her draw up ®