The family tried to keep him from carrying out his plans and claimed he had lost his sanity. He became estranged from all except one son. In May 1849, his wife, Elizabeth and son Jacob applied to the court and had him declared insane. He appealed this decision, and the trial, which went on for six days in May 1851, became one of the famous cases of the time. Eminent counsel were retained on both sides and nearly one hundred witnesses were called. The decision of the lower court was reversed, and Cresson was discharged. The argument of Horatio Hubbell Jr., one of his lawyers, was published in "The Occident" in 1863, with comments by Isaac Leeser.