Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-04-18

Answer-I have been married to him nine years
the 18th ofthis month.
Question-Did you knew Rowland r. Minturn!
nAnswer-Yes.
AQuestion- During your acquaintance with Mr.. ,
i.tarn, was there any improper connection or ilii-
en- intercourse between yos and him!
Answer-Never.
Mr.. Blunt--Gentlemen, she is your witness.
Cross examined by Mr.. Bates-I first saw MinturR
last fall during the absence of Roome from the city;
he met me in Blocker street, followed me home,
and then passed on without speaking to me; next
saw him in Houston street, when he asked mel my
name was not Mary Dunn; said "no, it was once,
but Pm married now, and my name is Roome;'' he
walked home with me on that occasion. and asked
HIM; ne came in and staid only few minutes; an0-
thsr time saw him passing by the window, and
asked him in; he came, but only said for few min
utes after this he went into the country for some
months and on his return used to call and see me
frequently; Inever introduced him to Mr.. Bowman
by the name OF Champlin, but did introduce him,to
ChamPiin by the name Of Rowland did that to pre-
vent my husband knowing of his calling, as feared
from his disposition should get into trouble; after
the return of my husband MntHrn gave me $40 which
Roome knew Of; Minturn may have asked me to be-
his friend in case obtained divorce from Roome,
that was the only advances he ever made me-
Mr.. Bates-Well, Madame, did you not se.d for
me the other day.
Witness-No NNa 4tE
Mr., Bates-well, did you not tell different story
then to what you do now?
Witncss-Yes. Because know well enough YOU
come to pump me, and told you whatever had a
mind 10. <{ n4ca
Mr.. Batcs--But had you not exposed a wish to
consult me!
Witness-No If had wanted advice / should
not have sent for one OF Dixons lawyers, i should
have applied to Mr.. Minturn's.
Mr.. Bates-Well, now did you not mislead or de-
ceive met ta4 tas8.t .tE -.s.. l
Witnsss-why l was not then under oath, and
conceive that had right to do as please with
the whole truth, and have done so; sent for Mnurn
once before left nv husbands roof and once after:
! know Catharine Wright; told her that she had
made mistake in her affidavit about her being out
for two nights, and declined to sign it, never said
to you that Mnturn offered me present if l would
sign the affdavit once applied to Minturn for 925
to pay my rent with, because my husband would
neither work nor do any thing else for me; mean
got Miss Wright to ask him for it was fearful at
that time that should have nay furniture taken be-
cause the rent had been due for several days. The
lect knowing Minturn before my marriage, he once
told me where he had seen me, and then he told me
his name. es~ ii t3.tls
The prosecution having rested, John A. Morrill,
stated that an officer had gone to fetch witness,
which individual made off directly he caught sight
OF the officer stI.W .0a-af ,
Recorder-WeIl. sir, if the man is still running,
that it will be difficult for an attachment to oyertake
him. '@t tAhe f@ eh
Mr.. Morrill, said he would not guarantee the sery-
ing Of the order Of the Court on the runaway
A Mr. Missing was examined as to the localities Of
Mrs. Roomes apartments.
Mr.. MiRturn recalled.
Mr.. Blunt wish you to state to the jury the
conversations had with your brother imme dately
before his death.
At the request of John A. Morrill,, the witness
again questioned as to the state Of his brother
and he said at the time of the the late
OF his approaching end.
Witness-He answered me that he never had any
intercourse with that woman, and that the money ne
had given her was out of charity.
Mr.. Bates-Did you ever have any conversation
about this with your brother while he was in good
health?
questing interview, at which she said she was the
relative of person my father had supported during
his lifetime She said then that she was in Distress
that her husband i'll used her. and she communicated
certain particulars respecting our family as proof
of her story II after this that he gave her the
$50 spoken Of, which is the only money he ever gave
her, and know il.
AT this point Of the case some discussion arose an
to the admssbilty of the testimony, and eventually
the Court the evidence and the witness Left
the stand. ~
The learned gentlemen on both sides then an. !
nounced to the Court that they did not intend to
offer any more testimony.
Mr.. Whiting read several opinions from the higher
Courts respecting the law of libel
Mr. Morrill, read the 9Th section Of the Constitution
OF the State Of New York relation to the liberty
of the press. The learned gent then addressed
the jury in speech OF great ability, and with an
ed ON the same side. The Court then took re-
cess.
On their reassembling, Mr.. Blunt spoke for two
hours, and in the most forcble and eloquent manner
detailed the injuries which must result to society in
the liberty Of the press if the law of the land did
not step in TO stay the plague which was raging
among u.s.
The District Attorney then addressed the Court
for two hours and hail. and the learn ed gentleman
was frequently interrupted by the loud applause Of
one Of the most crowded courts we ever attended.
His Honor the Recorder briefly charged the Jury
on the law applicable to libel Of this nature. After
the testimony, his honor said that il
was for the jury TO say IL the publication cas true,
and then II made from coed motives and justifiabe
ends. If the jury should find il 10 be libel on the
late Mr.. Mnturn, il would follow as correct
inference of law that il had tendency to cause his
relations to commit breach of the peace
and hence the necessity Of making an example Of the
slanderer. .s : e.
The Jury retired at quarter before IL O'Clock.
and at O'Clock had not agreed upon verdict
CoRosER's OrrIcE, April H.--An inquest was
- he uf - a.