The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-15
Court Of Common Pleas.
Before Judge lnglis.

plaintiff is highly respectable nhsbitant OF the Second
Ward and the defendant native of Germany, and mem
ing to plaintiff at les William street The store
meriy part OF that now occupied by Mr., w. but d.
BY plaintiff and his family.
The defendant plead his cause and made consi-
deiaoie sport from the manner in which he examined the
witnesses.
Mr. NASH appeared for the plaintiff. In opening the
case he said that Mr. Winringham resides 20 William
street. and that his and sons live with him In
is4l he rented the defendant who uped il
Tor the sale Of dry goods Some time after moving in
Tor some cause or other commenced abusing the
plaintiff and his wife and daughter calling them every.
thing he could lay his tongue to- On the 2Oth December
last he met young woman in the street. who resided
NE house OF plaintiff; called her tru and asked her il
sLe was going to Wiatringhams brothc" He has FREE
luenty made use of such language and done everything
70 iiure paini carrying his opposition and abuse so
iar Us to create serious injury the reputation Mr. Win
tringham and his family say nothing Of
and he has caused them. Mr. W. bore it us
long as ne could but finally compelled to bring this
action Besides keeping store Mr. W. been stable
OF the second Ward for than years The defend.
ant, MIR. Magnus. had engaged a very able and worthy
gentleman, Mr. Charles Sherwood as counsel but from
reason other has concluded conduct his Ease in
person. Ater able remarks, Mr. Nash proceeded call
MAnGAnEr A. C. RICHARDS Ia young rosy checked wo.
NAM sworn--lesides at the house of Mr. Wntringham
In crossing the Park towards the Sun Office on the fore
noon OF the 10th Dec. last, met Mr. Magnus He called
me names, and asked if was going 10 Wintringhams
orothel he has often made use of such language The
witness then alluded to other periods when Mr.. Magnus
abused the family. She interrupted by Mr. NJ. who
declared II VS. not in de eclaraton.
Mr.. NASH then called Mrs. Eliza Gro sebeck
MAGNUs-l wish TO ask dc gentaman hat he means TO
prove by dis witness.
NAsH-i mean to prove.
Ma sSUs-Dat is not in de declaration and you cannot
go to prove dat here now.
ELIZA GRosEBEcK sworn-Resides at l25 William st.
MAoNUs (suddenly risng)--Oh! oh. oh. wish to ask
dc gentaman what he means prove she was present
she has right to give de evidence-if she not she
has not de right--de declaration does not say
CouEI- Is not usual for counsel to tell all they expect
to prove. You must wait and see.
NAsh-Wha did he say against your father as to his
keeping VIII, bawds and such1
MAosu:l object to datshe must have been present at
dc tme-it is not in de declaration.
: NAsH-Oh you keep yourself quiet, will you. Wen
show you presently what's in the declaration.
WITSEss-lhave heard him call my father swindler
and thief and he has called my mother a common pros.
tute, and said Mrs. Richards was a common prosti.
tute. He has called my mother VIII twenty times,
places. He has been intox-
MAGNus (rsng) -stop-stop-stop- is not in de dc.
claraon This important document he kept steadily in
his hand] never was drunk in my life but once and
that was many years ago.
CouRr-So much the worse there less for such
language.
WirsEss-He sometimes would 60 into the street and
stand and abuse us, calling names and speaking so
loud that any could hear him at the My
father always tried to avoid having any alteration with
him.
MAGNus-If de court please will examine dis wit
Mrs.-a-what--you-say--M Grosebeck-I was
very nice man, was not Do you remember z
witness.
Covnr-Never mind-I will see to it. Significantly
MAoSus-Do you remember bringing in dinner for me,
WrrsEss-l cooked some dinner for you but you never
paid me a cent for doing so.
MAGNus-Dd not give YOU one FIVE dollar bill
WirNEss-You never did. ! cooked for you five
weeks.
MAGSus-Did you not have five dollar bilI3
WITSEss-I never dd-my mother
MAcsus-Oh, well, your mother would not keep it
never mind We we're very goot friends Mrs. Grosebeck
W. M nn yntar uhQr rnfperx
the Battery
Wrrsrss-(with emphasis) Newer.
OBSERVATION-DISCLOSURES t-what-neverw went!
WIrNEss-You invited me, but never went with YOU
MAGNus-You did -what-what-what.
lWrNEss-(Confused and with spirit.) ! think every
decent female has right. did go the Battery with
you-there
MAcsus-Ah, all, ali, ali you did eh Well dat was all
right-and we got some sodee
WrTsEss-fes we got some soda water at Rushton and
Aspnwall's.
NAsH-(To Magnus)-well suppose you did, what has
M.esus-I will show dat woman had notion to marry
me. "a laugh) was one angel den, but was after.
wards tie murderer, avery ting. She fought was
rich. yet she was married woman.
NAsHT would ask the Court 1t is proper allow this
man to run on in such strain as this-it is
CouRr-I will take OF it, lin tone il it would
add; " and in due time notice il, too'D
MAGSUs-Dd you never tell me you was divorced from
your husband
WITNEss.-Ncver.
MAcSus-Well, stop minute-you don't remember dat
no more nor you did just now dat you didn't to de Bat
terry When you found was not to be catched did you
not try to annoy me in every way possible
MAoSus-You do not remember annoying me and sing.
ing out Jim-along Josey1
WrrSE.-No, never. We sometimes played on the
piano.
M.csus-Oh you play dc piano do you,
WITNEss-NO don't, but we sing
MAGNus-You sing--oh yes know sing-you
sang Jmalong Joscy and danced and raised de devil
annoy me- Do you rccolcct your fader mailing up dc
doorl
WrrSEss-That has nothing to do with his suit.
Nash interposed
WrrsEss-Abou $1,000 worth Of silver was brought into
our house, and some one broke open the house that
night
MAsSus-Dd you take me up stairs and ask me II
WTSEss-No, never did.
MAcSrs-Ah you did not ha-you do not recollcct
calling up stairs and putting your hands ON me So
and ask me If | was ticklish All ha-no was not
de teklish II understood it. (Laughter)
N.H-Your brother sick, was he not, and you
called Magnusl
WrNrss-Ycs, my brother was very SICK taken in a
fit, and did not know what to do, and called him.
MAGSus-Ah, ha, yes but dat anoder time. De
time speak odere soul in de house except your
sell You called me up stairs and asked me If I was
tcklish. You remember dat, hat All ha, you was a
married woman WASN'T going to be cached. Laugh
ter) No, was not dc ticksh
JoHS l. WIsrRISoHAM, Ia young man of eighteen
nineeenJ sworn Is a son ofthe plaintiff.
MscNus TO Nash)-What do you mean to prove by dis
witness. want to see If it is in de declaration.
NAsH-1 mean to prove there the counsel enumerated
long LIS! Of ep,thets with which Masnus had honored
M,csus-l do object to dat-it is not in de declara
ton
NAsH-What did you hear him say your father
your mother, your sisters and so forth.
WTSrss-iwent to the house to get clean clothes
alter came out, he followed into Fulton street and
went into store to get rid Of him. When ont he
Jostlel against me- thought, to pick quarrel with
me lie called my father a thief, my mother prostitute
and said was damned rascal
MAcNcs-Ah, ah-you say so. Your honor addressing
the Cosr tbs not trues young met in dc street
knock ed me down and gave me two black eyes
WirSr..I did not till after you showed me- and said
what you did
Nash to witness)--When was this7
WirSEss-It was the 9th March. He came out of his
store and followed me- went into temperance store
to get rid Thin.
MAcSus-Did you say showed you
WiTsEss-Yes
M.csus-fou say that showed you-you did not shove
me, spose.
WirNEss-I asked you what you meant by showing me-
twice. you did so for the sake Of picking quarrel