This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...tion of his father's estate. But if there had been any doubt in regard to it, the subsequent declaration of the intestate to Jacob Beers, Esq., that this sum was intended by him as a gift---a free gift--was proper evidence, and suflicient to prove that it was not an advancement. The decree of the court of probate, declaring the sum of 1100 dollars to be an advancement, should therefore be re versed; and we shall so advise the superior court. On the trial of an action of trespass, by a woman, for an assault upon her person, with intention to have illicit intercourse with her, the plaintiff introduced a witness, who testified, that at the time of the alleged trespass, he lived with the plaintitf, and one evening, between sun-down and early candle-light the plaintiff was sitting in her bedroom, tending her child; that the defendant came into the keeping-room adjoining the bed-room, and asked for a paper; that the plaintiff thereupon directed her daughter to go down into the 'basement story of the house, and get a light; that while she was gone for that purpose, the defendant went into the bed-room, and said something to the child; that soon afterwards, the plaintiif exclaimed, " Let go of me"-" keep your hands otf of me"--"keep your distancez" that while her daughter was coming in from the basement with alight, the defendant left the bed-room, and soon afterwards, the house; that the position of the witness, during this transaction, was such, that he could not see either the defendant or the plaintifl', but he knew the voices of both. The defendant objected to the testimony of this witness, but it was received. On a motion for a new trial, it was held, 1. that the matters of fact involved...