At her death without issue, she left $300,000 to her husband, and several large bequests to other relatives, and made Cornell University residuary legatee of the remainder of her property, estimated to be worth $1,500,000. for a library and its support. Had this bequest been carried out. it would have given Cornell one of the largest libraries in the world. Professor Fislc retained Charles P. Bacon, Esq., a graduate of Cornell and an intimate friend, to contest the will, and young Liacon associated with him Gov. David IS. Hill. The contestants claimed : — I. That the Charter of the University limited the amount of property which it could hold to $3,000,000, and that it already held that amount. II. That she had given more than one half of her property to a charitable institution, rendering the will void under the law of the State of New York. The University retained Hon. Samuel D. Halliday of Ithaca, who associated with him Judge Edwin Countryman of Albany. The University contended: — I. That the University did not own $3,000,000 worth of property, nor anywhere near that amount, and therefore could receive the whole or nearly all of the bequest. That the Western lands given by the United States Government were only held in trust, and therefore not a part of their absolute possessions. II. That she had not given more than one half of her property to a charitable institution. That her es tate, instead of being free, was encumbered with great debts, which made its value much less than was generally supposed. Judge Douglas Boardman, ex-Judge of the New York Supreme Court, was the executor of her will, as he was also of her father's will The surrogate sustained the will, but the New York Supreme Court reversed his decision, which view was sustained by the New York Court of Appeals and the United States Supreme Court. Governor Hill retired from the case on being elected Lieutenant-Governor and ex-officio trustee of the University, and Judge George F. Comstock, of Syracuse, took his place for the contestant, who had now associated his wife's other relatives with him in the suit. Senator George F. Edmunds appeared for the Uni versity in court at Washington The decision of the court was that inasmuch as the university had the power of alienation of the West ern lands, it therefore held the title in fee, and there fore already held the full amount which it was entitled to hold under the charter. Chief-Justice Fuller and Justice Lamar dissented from the opinion of the court.
LEGAL ANTIQUITIES. The old minute books of the New York courts contain some interesting entries showing the won derful changes that have been made in the past century in the criminal laws, particularly in the methods of punishing offences. Patrick Halfpenny was convicted in the New York Oyer and Terminer in April, 1784, of " offer ing to pass scienter counterfeit bills of exchange, and the following judgment was rendered : "And it is considered by the Court now here that the said Patrick Halfpenny, for his said offense stand in the Pillory for one hour on the 10th instant be tween the hours of ten and two of the clock of the same day, and that he stand committed for three months : then to be discharged on payment of costs." In the case of James McHanna, who was con victed of larceny on the same day, the record states : " On motion of the Attorney General the prisoner was set to the bar for judgment and it be ing demanded of him in the usual manner and form what he could say for himself why judgment of Death should not be passed against him Ac cording to Law, he prayed the benefit of clergy which was granted by the Court. Thereupon Ordered that the said James McHanna alt diets James Maurey be branded in the brawn of the left Thumb with the letter T in the presence of the Count, and that the Sheriff execute this order im mediately, which was accordingly done." John McKay, having been convicted of stealing a watch, was set to the bar of the Court, — " Where upon it was ordered and adjudged that the said John McKay for the larceny aforesaid be whipped 39 Lashes on his bare back from the waist upwards, at the public Whipping Post on the first day of May next between the hours of Eleven o'clock in the forenoon, and one in the afternoon of that day, and the Sheriff of the City and County of New York do see this Judgment Executed." A prisoner convicted of perjury was fined twenty pounds, imprisoned six months, and his usefulness thereafter as a witness destroyed, by the judgment which provided that he was "never to be re ceived as a witness on the face of this Earth." William, a negro, was sentenced to be whipped, the prisoner to be " carted round town, and receive the lashes at such public places as the Sheriff directs."
