Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-20
General Sessions.

ON Friday afternoon, respecting declaration which
II was alleged Ellen Gallagher had made to witness
named Haskell On the stand, Ellen declared that
she had made no such declaration to any person,
and the court ruled that the counsel had not asked
her spe officially if she made it to the person they IN
tended to call to contradict her, that the question
Mr.. Cutting then asked the District Attorney if
Ellen on that occasion, said she had taken medicine
The District Attorney objected to this. and the
court ruled that the proper course would be to recall
Ellen, and let her explain to the ju y herself
Exasiuation OF the witness resumcd.-She said
that f the Doctor would not give her the necessary
medicine to get rid of the child, she knew who to
apply to- and mentioned it as her intention to get
OF Mrs. Restel
Mr. Cutting-Did she tell what the medicine vast
Thi, question objected to aud over. ruled.
After Ellen's confinement, she called at the Office
OF Gage in Pearl street, and asked witness to write
letter for her to Davis She dictated the letter
which the witness wrote, and she took away with
her, On another occasion, she vowed to be revehged
ON Davis. The billet deux here produced, iden-
titled, and read as follows:
Mr.. Davs-f you do not pay the money you we me-
shall come and make trouble your family The amount
eighteen dollars. Yours, as you behave yoarself.
Captain Ellery deposed that he was seafaring
man, and became acquainted VITA Ellen Gallagher al
No 80 Wall street IN the month oil December lS3S
At the latter end Of that month, the witness saw Ell
len go into No. 80 Thomas street, which was house
of iii fame. 1t not Davis that was with her, but
Ellen old him afterwards that the gallant gay Lo-
the city again in the month of February, and be-
tween that time and the month of March, saw Ellen
go into house in Grand street, OF the same charac
ter. Ellen had often asked witness TO take her to
the theatre, to give her dresses, and to with her
to places OF q similar kind; she would follow him
about of an evening and the next morning she would
tell him where he had passed his time
The cross -examina ten Of the witness did net elicit
anything very interesting, or shake the testimony
against Elen's character
Henry $. Luther eXamned-Witness was not IN
tta, d.. had har at
Davis place in Wall street, and enquired Fl that
person about for his family; Ellen said she
did not know Of one but light find one and witness
told her that if she did he would pay her for it.
Benilmin HAYS was examined as to the time the
fire broke out at the National Theatre on the I'D
Sept.
At this stage of the case the court rose and ad'
journed.
On SATURDAY, at the opening of the Court, the
counsel for the defence called the following wit
nesses:-
the house No. 80 Thomas street; il next to the
house formerly known to fame belonging to was
sina Townsend, where the Ellen Jewett tragedy Ro-
enacted. There are some decent houses in that
street. but they like angels visits, few and lar
between. No 80 never one OF the few, to the
knowledge II witness, and certainly not within the
last ten years
Titus X eIlogg deposed that he was, on one occa-
sion, sitting in Cages Office with Haskell, when a
girl came in and called him ont; the witness had
seen Ellen in court, and I'D safely say she was the
girl On HaskclFs return 10 the Once, witne
asked him who the girl was; 10 which he careessly
replied, IS On, only grit that lives uptown
{" We'll, VIII 1t did she want'' "Nhy, she wanted me
60 sleep with her."
Five most respectable citizens gave DIR. Gage q
first rate character, beth Ia his profess abi
ties well as his standing an society as scholar
and gentleman Most OF these witnesses had
known the doctor for the last twenty years.
Here the Defendants counsel rested their case,
and the district attorney called several females who
deposed that they had known Eilen previous to her
- .xss auI hat t.ur. haar
ANYTHING wrsng either Of her morals or chastity.
A witness who called himself w e. Sergeant, was
placed on the stand by the District Attorney. He
SAID that he in the house OF Mrs. Clark, when
Ellen was delivered. He saw DIR Gage there on that
occasion Knew the Doctor perfectly well, because
he had slept often with girl who used TO frequent
that house.
Oa his e-oss examination the witness said that he
sit not know the girl, who she was, what her
name or even IL he should know her we're he to see
her again.
eating How came You to be in such housef
Witness why boarded there.
CuttinE--W hat! did You live with Mrs Clark.
witness.-ies, or she lived with me, which ever
Cattiag-wtat was her name before you lived
with herf
Witness-Probably Smith, but don't profess to
Cutting-weIi, did she take your namel
Witness-Why she calls herself Clark, and some-
times take that name too.
Cutling-Does she support you or you support her
WitHess-Why, gusss its turn and turn about.
Sometimes one and sometimes the other. Just ss
times go with US.
Cutting.--Are you married. IL so, have you
wife and children; AMI where are theyl
WtHess Yes have been married. LETT my
wife at Albany, 10 come 10 this city with Mrs Clark
Nv wife had oh IA when abandoned her there
We had buried one before that.
Mr. Craft.-There, that will do-you hay go down.
Some ether medical testimony was given, aud
then Ellen Gallagher recalled and examined by
the District Attorney
Messrs Cutting and Graft objected 10 the witness
being re examined for the prosecution, for the pur
pose al explaining testimony, which had beeneIiched
from another witness - contradiction To that OF the
one then on the siand. "'lhis was solely, said one
of the learned gentlemen" IN the discretion OF the
Court, and not optional with the District Attorney.
The Court oyerruc1 this objection, and the wit.
ness proceeded to state that she knew Capt Elery,
and she iJerti6ed the letter which, been read
in Court. That letter. she took herself 10 Davis
She had been the corner Of Franklin street, op
posite Rileys HHel,in conversation with Davis, but
never with any other man. Witness did not 90 be
fore the Grand Jury, for the purpose of making the
rh,rae against Gage and Davis She went to- the
Police Office 10 make a complaint for assault and
battery. when there, she s'w officer Davis, who
trd her 10 20 70 Mr. shaler Had two consultations
with Mr. s told him all her story. and when before
the Grand iury respec ingihe assault she was asked
about this affair with tbs Doctor, and she then told
t.e sane starv that she has sinee related ~ the
stand and which she previously told tn Mir. Sh Ter
when she d.liv ered thenote 10 Davis boih him and
aud his wife abused her, beat heS and Mrs. ID even
threatened ts use knife 60 force her 10 leave the
house.
Ga her cross examination she admitted having
seen children at the house in Wall street. of uhich
Davis was the reputed father hut that was not sui
scirnt 10 convince her that the children had any