Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-05-08
witnsss-I dom, know he believed sAs rather than
Mr.. Phoenix So he discharged her.

Mr.. Phoenix. So he discharged her.
Mitness---l suppose 90.
The wi'as.s, who appeared to be actuated with the
most nalevolent feelings towards his wife, then told
q most horrible story of his own shame and his
wIfes d:shonor, and Of her being regularly noxica-
ted twice day. " She will drink, said he "a tum-
bier OF giR without winkng." He at length told
" you have said enough" and left the stand.
james Knapp deposed that he was the captain Of
the watch that the witness Fscey charged his wife
with having been in disreputable house. He dssg-
mated the house as being kept by Mr. Barry Knows
Mr.. Barry Knows him TO be very respectable
man. Would not believe Faecy under oath. Says
30 from the statements Facey then made respecting
the location Of Mr.. Bary's Facey made false
statement throughout.
Mr. Sparks police officer deposed, that he had seen
Mrs Facey between thirty and fertyltimes. Has me-
yer seen her the least disguised by liquor. When
swift was arrested ne positively denied having any of
the property. He had a breastpin in his shirt when
arrested. In passing through the inner room of the
police, he threw the pin en- the floor.
Mr. Merritt police officer deposed that he received
a trunk Belonging to Mrs. Facey. Swift declared
the property had been given TO him. In the trunk
was pair of geld earrings, and other articles. Has
seen Mrs. Facey number Of times. Has never seen
| her the least intoxicated.
Gerard Moor deposed that he sold breaspin to
Mr.. Facey. Sawit in Swift's shirt when he was in
custody at the police Office Knows the pin to be the
same. 1t has his private shop mark upon it, Heard
Facey say he wished Swift could get clear as by his
testimony he could get clear Of his wife.
Mr.. Facey recalled-The memorandum read by
Mr.. Facey in court, is the full amount Of the goods
as morlgaged The person holding the mortgages
| sold $50 of the goods, and paid over the money to
me. Mr.. Facey took the money OF me. DIR. Fa-
cey went iato the country to avoid his creditors.
The goods sold under the mortgage were never paid
| for. Her husband has been in the habit Of going
every ace where she boarded and representing her
as dsreputable character.
| BY the Coxrt-Had you, Mrs. Facey, the soye-
relgns stated 10 have been cut from your corsets.
Witness--I had. Ii was my intention 10 have en-
4 IN Enu~
land.
Here the evidence on both sides rested.
The Recorder charged the jury, and said "The pre-
sent question snot one for the indulgence of sympa-
thy either side. The first matter to be consider
ed is the prosecutrix be believed. If So the pr-
soner has stolen the property, over sl0e and is gull
ty of grand larceny. We find from the evidence of
the husband that he left her living in Cherry street.
1t has been said that her husband was the cause of
her leaving her boarding houses by dnviag her away.
Before his RETURN she leaves Cherry street. He did
Military Hall, and fad her looking for another place.
Her husband, certainly did not drive her away from
there. In her search for boarding house, she be-
comes acquainted with the prisoner and by his recon-
mendahon, a perfect stranger 10 her, she goes to
varlck street: The prisoner visits her Varick st.
She walks cut with him of an evening. She goes to
the theatre with him, and when the question is put
ibid you not visit house of asslgnaton with the pr-
soner 2" she refuses to answer Now if the Jury be:
I leved that che has had criminal connexion with the
prisoner, although that would not destroy her veraeity
yetit should cause her testimony to be received with
| the utmost caution.
She rides out with the prisoner her object being,
from her own showing, to pledge her husbands
clothes, which she did for $40 only; yet two days
after the return Of her husband, we end her in pos
session Of nearly 5000 in gold and silver
The circumstances against the prisoner are his d.
recting the police officers where TO find the stolen
articles and the being concealed IN place not like
ly for them 10 have been placed, had they not been
given to him for SALE aspretendsd TO raise money 70
run away with the prisoner to England These are
the points which the case turns, under which yoa
are 10 find the prisoner guilty or not guilty. If you
believe the statements Of the prosecutrix you must
find the prisoner guilty. If not he is entitled TO an
acquittal.
jury, without retiring declared the prisoner not
guilty.
The Court then adjourned until this morning at ten
o'clock.