Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-27

a.
dcted for burglary, on the 10Th Of Sept. last,
Mr. w. M Price applied to the Court TO postpone
the trial Of the prisoner until the next term, on
count ofthe absence OF witness, who could prove
abb.
john l.. E,tell, q negro 4" Of highly respectable
connections,' was put to the bar, charged with at
tensting TO violate married negro lady, "also
moving in the first circle of colered society"
Mary Joseph examined-I am married TO Ferd
nand Joseph, and in the spring of this year lived il
the house of the prisoner, No. ii Thomas street,
my husband being at sea, but he came home in the
month Of May. Before my husband came home,
went up to the garrett one day, to hang up some
clothes, and prisoner was in a small close by,
playing on his fiddle. He said il fair day, and
Clothes aaa started to go down stairs; with that he
came out and caught hold of me. told him to 60
way did not want nothing to say to him, nor want
any of his fun; with that he took hold OF my neck,
and put his tongue in my mouth. He held me so
tight that ! could neither get away or holloa.
Court-Wel, what next Occurred!
Witness--Then started to go down stairs, but he
headed me eff, and so l ran into the next room,
where he had been playing On his fiddle. intended
to lock He rushed in, and seized me round
the neck again. and exposed his person in such a
way as can't describe don't know how it was, but
fell ON the floor, and when | came to- ran out to
my own room. He followed and caught me on the
stoop, and kissed me, and wanted me - make up
with him, but i said, sNo, he must never speak to
me again, and would tell my husband when he came
home from sea-
Norrell-Well, go on.
Witness-Well, when his wife came home, l told
her.
Cour.-Any body else1
Witness-Yes, Mrs. Parker; and she said
Court-O, you need not tell what she said.
Court-Had he ever taken any previous liberties
with you?
Witnessed, yes, he once
Morrell-Well, what has that to do with it'
Witness-Well, he tried all he could, and his
wife said
Morrell-Well. we don't want his wife here
. hen VOu cNn eva mi her Alf
Mr.. Morrel.
Cross-examined-Pve been married better than
three years, and have known my husband since /
was four years old; am now twenty.wo; know
Mr. Heddy very well, but never lived or staid at
his house. Eve seen him at church, and went once
to his house.
Morrell Did you go to fancy ball the night be-
fore this affair happened
Witness-O, yes; it was a kind a private fancy
swore-high; me and two other ladies went.
Merreii-Dd any male person go with you'
Witness-O yes; we had one gentleman.
Morrell-Was il Estelle?
Witness-Ns; but came home with him and his
wife
Norrell-who slept with you that night'
Witness-NO person at all.
Morrell-Had there been any painting going on in
the house that day.
Witness-I don't remember, but think not that
day; in the course of the week some painting had
been done to the summer house.
Morrell-What time did you come home that
Hight'
Witness-O, I don't know it was private
stoorehgh, given for sbirth day treat, and we all
staid late.
Morrell-welI, what time did you get up that
day, after the ball'
Witness-well, guess not till noon.
Morrell-Did you wash that day!
Witness-O, no; but kaow what you after
il was the next day after the ball that washed, and
he insulted me the day before also; but had been
washing the day this affair occurred.
Morrell-Do You know John Henry!
Witness-Yes.
Morrell-Did he ever kiss you,
Witness-O, yes; we were brought up together,
and he somstimes came to take care of my child
Morrell-Well, is he in the habit Of kissing you!
Witness-Yes, aud kissing Estelle's wife, too
Morrell-O. never mind her; we want to know
what YOU do.
Court-Well, she has right to give the explana-
tion.
Morrell-Do you know Laeoste'
Witness-Yes.
Morrell-Did he ever kiss YOU
Witness-No.
Morrell-Did he ever have ring from you'
Witness-Yes.
Morrell-And lock of your hair
Wituess-No; bat I cut OFF false curl, to per-
suade him that would give him one TO get the ring
back.
Morrell-Was that according to the agreement
Witness-Why, he wanted to take my ring for a
keepsake, and ] said he mustn't but 1 would give
him piece Of hair instead.
Morrell-Where was this lock Of hair given
Witness-In my room.
Morrell-How long had he been there!
Witness-About half an hour.
NJ rrell-Dd he give YOU the ring back
Witness-Yes, he laid il on the table
Morreli-Do you remember being invited to a
Wnn.ss-Yes, but didn't go.
Mor.ell-Did Estelle got
witness-No, him and Lacoste staid and played
on the fiddle.
Morrcll-Did he 60 ont and leave Lacos.e with
you'
witness-No, I didn't see Laceste that night.
Norrell-Where did the boy Henry sleep 10 that
housel
witness-In the room where Estelle insulted me
Morrell-Did he ever sleep in your rooml
witness-Not all night. He may have taken nap
OF an evening there.
Brady-Oh, IL the Court please we have nothing
MorreII-WeIf show about that Have you told
Mary Francis that you went up and looked at that
BOYS person while he was asleep.
Wituess-( Smiling mo sir.
A great many other que stions were put to the
wi,sess, in relation to this boy, which were raths'
too indelicae TO appear in print, and then she was
re.cxamined 10 show that the prisoner had, on pre-
vious occasions, endeavored to take advantage o
her, and had INDUCED himself in a very indecent
conduct towards the witness. For all which sh'
said, he had apologiscd and begged her to forgive
him and not tell his wife. This the on the
part Of the prosecution. For the defence, Negro
lady, Of truly FsstsfHan dimensions, named Mary
Francis, was examined. " / know the parties; rs
tele has been married twice the last time about las
New Years. Mrs. Joseph lived in the house fol-
six months before. and never complained Of any
liberties being taken with her. know Laeoste and
have seen him go INTO Mrs. Joseph's room, and
come out on tip toe
Morrell-How long had be been therel
Witness-Above an hour-ssys to him. says l.
Court-Oh, YOU must not tell that
Morrell-Did Won hear any thing
Wnness-res, some one Knocked or rang at the
front door.
Marrell-Who was that
Witness-Well, expect twas her husband. be
cause she opened the door so soon, a. Lacoste wen
out at the Kitchen door
Western-Nes, as the husband went in at enc
door, he went out at the other, which 10 below.
Brady-Ah, that's your construction, but that
not the way.
MorrelI-Oh-but IL isthe way its always donel
Brady-Ah, WE'LL suppose you know, and hav
had much experience.
Brady-Whn sort Of man is this Lacoste'
witneu-Oh, a good locking fellow for eoleret
zen ,lemAn- 4 nexer saW nofhinr paItlcu laIly IN