The Express.
London, England, 1858-03-19 00:00:00

LOLA MONTHS .AND THE COUNSEL.

The case at New York of "Jobson and Seely,"
lately reported in the Soren, in which Lola Monte,, was
the chief witness, ended, it will be remembered, in a general
affray. It appears that a charge of contempt was accordingly
lodged against them by the referee, and that Judge Ed-
monds was appointed as a second referee to report upon the
facts in the new form. The principal witness on this occa-
sion was again Madame Lola Mentes, who was examined as
follows, by Mr. Clinton
Q.—Did you see the commencement of the affray f A.—l
did.

Q.—Be kind enough to state whether Mr. Jobeon or
Mr. Seely used the first violence ? A.—l saw the stick of
Mr. Jobson descend upon Mr. Seely. I advanced a little,
thinking that he would strike him. I then saw Mr. Seely
ward the blow off, and it fell on his shoulder from his head.
Q.—The blow from the stick you mean? A.—Yee. I
was epprehenlvo myself that there would be • dagger in it,
and cried out Take care, Mr. Sealy."
Q.—Was the violence you have described the first vio-
lence between these parties that you saw P was quite
close by them. I wee perfectly calm, not at all frightened,
and I sew it perfectly.
Mr. Schermerhorn—Speaklonder._

Vititii:aLTWiiiapeaViOtlf enough for you, I warrant

Mr. Clinton—My question was whether the violence you
have described of the stick descending on Mr. Seely's head,
was the first violence that you saw between the parties ?
A.—The first violence of Jobson against Seely.
Q.—(By the Court)—What occurred next P A.—Mr.
Seely was at ono side of the stove, and Mr. Jobson standing
at the other; Mr. Seely was very quietly writing, and this
respectable gentleman hers, this lawyer (Mr. Schermerhorn),
was questioning me upon my testimony, as to my being a
chambermaid, and I was very quietly waiting till this perse-
cution was done; I saw then that Mr. Seely was quietly
writing; I looked at him and saw be was very calm. He
rods, turned his bead to Mr. Whiting, and asked if this
fellow warn to be allowed to go on in these unnecessary pies-
Hoes ,• Jobson rose up with an eye full of wickedness, and
looked at Mr. Seely ; 'Fellow I how dare you call me a fel-
low " I said to him,. " You ere nothing but a fellow !"
hou remember my saying that; Mr. Jobson then bad risen;
e then called unutterable names—names not for my utter-
ance ; in fact, there was one name that I did not understand
till afterwards.

--RefirteLWhat wu it?
The witness gave her notion of the word employed, and
wee corrected by tho referee, who informed her of the proper
"012,75 h peter, is it r' ahe said. " Excuse me. I did not
understand the word. That wu all."
_ _ _

Referee—After Mr. Seely Witfed the blow off, what
happened ? A.—lt seemed to me they both got together
again ' • it seemed in my opinion justly that ; I remember per-
fectly the blow being given, and that I wan happy that the
blow had not fallen on Mr. ilteely's head, where it was
intended ; it toll here on his shoulder ; then I think Jobson
went a little further forward and made a grab, and they both
grabbed together.
Referee—Now, Mr. Sehermerhorn, go on.
Mr. Schermerhorn—l don't want to examine this 'Rates

very much ; I only want to see how much exactly the knows
of it.

your recollection very distinct about this oc-
currence P A.—Yee ; I recollect you calling me Betsy
Watson. _ _ _

B.—Never mind that. Jut speak of the affray.
Neva mind our convention. Do you recollect distinctly
what occurred about the affair? A.—Yea; I recollect
&peeking to you about it • you were very frightened—eh,
you were very frightened; I came up to you and I mid,
" There, air, is the consequence of your doing l"
Mr. 8. (unesally)—Never mind that; never mind that.
Witness—You asked me what you mid; I spoke to
you, but you were awfully frightened ; you were very much
annoyed.
Mr. B.—No, I don't think I was very much annoyed.
Now, did not Mr. Seely strike Jobson first on that occasion ?
A.—l told you he did not.
Q.—Will you swear, madam, that Jobeon struck Seely
with a whip before any assault was made by Mr. Seely on
Mr. Jobson° A.—l have sworn once, sad that is quits
sufficient.

Yr.l3—l speak now of an @Walt, not of his being struck.
I ask you whether Mr. Jobson was not assaulted first P A.—
I don't know what you call an assault, but I think you mad*
an assault on me all the time.

Mr. B.—No, an assault is miming the Bet to strike at a per-
son. If a man strikes at you he assaults you.
Witness—And what is the meaning of assault and battery?
Mr. B.—Assault and battery is Loth striking at and hitting.
Witness—Ab, that's it.
Mr. B.—Answer me that question, whether Seely did not
strike at Dobson Wore Jobson raised his whip to strike him?
A.—Mr. Seely was entirely cool; so cool that I was sato-
niphed at him.

1-177e11, now, that don't answer my question.
Referee—She has answered you already.
Conned—l think she has not.
Referee.—She has. She has said she did not see Mr.
Seely strike Kr. Jobson, but that the first thing she saw was
Jobeon in the set of striking Seely.
Witness—Oh, I know how to manage Mr. Seherrnerhorn
I have seen him before I

Counsellralkeii;t; whether Mr. Seely had not sasaulted
Mr. Jobeon before you saw Mr. Jolson strike him with his
whip P
Witness--And I asked you the meaning of assault and
battery. I have never in all my life been brought up for
assault and battery.
Counsel—You are very fortunate that you have not been.
Witaces—lndies do not ass their bands to strike.

Q.—Did you date where yosiew Seely striking Jobeon P
A.—l did not may that I atm Seely striking Jobeon ; I ea,
Johns strildng Seely.
Q.—Well, I ask you, then. A.—Well, Imy no.
Q.—Did you make use of this expression :—" Pummel
him well; I would like to see hint pummelled P" A.—l
never In my life made use of such an unladylike expression,
and no tritium will say that I did ; I will tell you what I
did say :—" Never mind him, Mr. Sealy ; he is not worth
striking by a gentleman."
Refores—Oh, never mind that.
Witness—But he asked me, and I must tell what I did
My.
Conned intimated that he had no farther questions to put,
and the witness retired. _

.lucrtniicimociis,inUporting to the Supreme Court, gave
hi. opinion that a contempt had been committed before Mr.
Referee Whiting, that Seely, though lot the aggressor, par-
ticipated in the contempt by striking Jobson a blow, that
Jobeon was rude and offensive, and that he truck
Seely. He reported also, the modified apologies
to the court of both parties. The judge took the
report and affidavits of the oounsel of Seely, which state that
Mr. Edmonds' (the referee's) report was partial and unwar-
ranted. He said the court would consider Mr. thady's sue,
but inumuch as Johson wee not en attorney of the court, it
was a question whether it or the referee (Mr. Whiting)
should punish him,

A legal question of a delicate nature is now ex-
citing extraordinary interest In Westphalia, vin., wbether a
husband has a right to open his wife's letters. The question
areas out of a milt for divorce, instituted by the husband, bx
which he obtained a decor; but the oonolusliw Own of
evidence was a letter from the Lothario, addressed to the wife,
and the contents of which would never have been known had
not the husband been so ungallant as to break the seal. The
divorced wife at own proescuted him for opening the letter,
and the tribunal of Una° has decided that he was wrong,
and has sentenced him to a fine of ten thalers. An appeal
Is pending, the result of which ia anxiously watched by the
public.