The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-15

WIrsEss- is bad and would not believe her under
oath
N.sH-You lived with her in Cliff street and are hus
sand OF the woman that swore here. Did the landlord
Wirsrsswe turned out but left her to take
care oil the house always dapproved of her conduct
NAsh-Very orothery admonitons, suppose. Well,
FsAscrs Munrm, sworn--Keeps with Mr. Allison. up
hosterer and has the purchasing stock Was in the
habit of dealing with Mr. Magnus Always found. him At
| the store Believe him to be q sober man
0o9uRi-is he not a little exctabe at times.
Wrsr,.-lnever any thing oft
| NasH-fou have beea often the store Did YOU evor
l WITNEss--Yes.
| NAsH-All alone
MaGSus-Yes, but that vas in summer Don. xo, go
to be confusing my witness Mr.. Nash. In winter there
| was girl there. '' NV"
N.sH-well you stop--well get at the girl directly
| MAcSus-No, you won't get at the girl
| NAsH-Dd you ever find him alone there in winter
| MAcsus-Alone1
| WIrSEss-Yes.
| NAsH-You found some customers, but n.ysr =. airl
| there M
| wrrrrss-Yes.
| witness was then introduced, who said thu. Mr.
wintrngham met him, and asked him Il he was no no.
ing to testify against his family. He replied that ne
ty him. Mr. wintringham asked him to 20 into ,hs
Courtroom that we might have little talk together
GroneE B. Lass ,worn-Ths witness swore to have
most excellent character for morality and sobriety He
had seen Mrs Richards making faces at him. Had
seen any drinking going at the store. There some
sharp shooting took place between the opposite counsel
and Magnus on temperance matters Mr. NJ. said he did
not belong to temperance society," lie going to
show that he was all the time in the store the
said was no use one Of his own witnesses had he
had seen him alone there and he tried all day he could
not make the Jury believe that he have been in
Mssb hs SOTeg more WAS said by Mngn%s to Mr.
said he had been allowed great liberties on of his
| not knowing the forms oflaw.
| MAGNus-Counsel cannot feel | do your Honor |
have been brought here without cause and feel it,
M.csus-Did you see young wintringham knock me
down?
CovRr-You need answer that
hro,
the character of Mrs. Wntringham but Magnus said he
had never impeached it. The witness also ask ifhe
had nailed the door up but the Court would allow the
question to be answered Magnu asked him If he ever
knew him to be drunk The Court thought unneces-
drunk On SAID the Judge we do not think you got
After one ortwo other witnesses had been brought up
as to character, the defence rested.
Mr. Jones sworn. Is OF the firm OF Davies and Jones'
Mrs Richards worked for us two or three years We al
ways supposed her character be good Never saw or
| heard any thing to the contrary.
Mrs, RIcK sworn Lived in the house with satu. and
an industrious woman and always conducted herself WELL
Mrs Saltus was very qunrelsome woman. ] would
would speak correctly Of Mrs Richards they are so envi.
Their never heard Mrs Richards quarrel with any
one -
M.aNus You never heard! She would quarrel with
every thing
sung out to her that she had bett err pay her rent
| Mr.. Nash called " Mr.. Roach
| MAesus-Ay, dat is another Of dem.
Mr. Roach was sworn. Is son.n-law of Mr. Wintring.
ham, and marshal considerable said by Mr.. Mag
additional mirth created On being asked by Mr. N ssS
what is the general way and temper Of Mr. Magnus
Mr. BuRRow. gave an excellent character to Mr.. Win
tringham, whom he had known since 1919
ter of Mrs wntrnghnm, Magnus asked him he did
know her to be regularly employed by Thomas Bell the
auctioneer, Peter Funk The witness said he had
seen her at Bells, and she acted Ike lady.
MAGSus-Oh yes you have seen her buy great many
| MARcAREr,A. C. RICHARDS recalled.
| NAsH-When did Magnus meet you in Broadway.
better take my arm He did not know me- looked up
III his face and said you had better break doors
GNus-What-what-what-aye
p %SnmThere was smother time you met me at the
way was after dark You nudged me on the arm and
said had better take your arm looked at you and
J said you had better break some more doors open.
MAcNusfou say can you look me in the face, and
] say that! f--s.'l 'nrel,if
Wl1ss,s-Yes can't is true
In question from Nash the witness, stated
that the people at the house in Cliff street had been hostile
MAcsus-You say met you in the street and did not
know you Do you recolec in the house putting your
W1sss-I never put my tongue out at you, nor called
broomstick but you deserved ii if she had said
time that you behaved like beast swept the
DIRT in your door, made faces at you The people did
| not hire me for that, they hired to work.
| M.oSus.They hired you to work Oh yes, know
lWITSEss-You called me trull and such things and
| told me to go into the house.
MAosu.-oh never mind, ITO the Jury) say nothing
about that woman. II is all owing to Mrs Grosebaek
who has done every thing against me.
"A coored woman placed the stand Magnus
stated that she did not know the meaning of oath
she answered in such way show ed to the contrary
The poor creature was treated hard By Magnu She
names but agnus said is was not in the declaration and
she told to take her
The gentleman who previously occupied the store, and
whose goods Mr. Wntrngham was stated to have taken
for debt of S2s declared such not have been the
garet denied having said TO Mr. Magnus that he would
let him have his wife half dollar and dinner TO boot
| He declared II TO be lie.
Some other testimony presented but the reader will
probably think we have given enough Mr.. Magnus then
summed up to the jury making neat and really effective
address" exhibiting powers of mind and presenting spec.
mems of imagery in illustration that would not have been
unworthy Of the most eminent at the bar He stated
that Mr.. Sherwood sick and he could not afford to
employ counsel He said he came here six or seven
ago. and successful in business till the hurri
swept the land when he fell with others He
now holds property, but in debt for it. He spoke Of his
fine boys who he said lost their mother ten years
ago and he has been both father and mother TO them
He then spoke Of the charges against him declared that
before She appeared that other bar the Judge OF
which the heart and knows the truth between
them she would be forgiven for the falsehood she had
tered that day He said that when he first went TO the
store family overland to him. and repeated the
| manner in which Mrs. Groseback had invited him up
stairs and tried TO find out IL he cklsh There
another time when her brother had fallen Of bed He
also Showed the advances made to get him wife. He
spoke of Mr.. Wntrnghams spirit for litigation, and Of
hs entering Grim con suit some time ago against Rev
mcnt Of the opposition he said, was through Mrs. Crosse
back. MIR. Magnus then spoke Of his. own habits and
his solcitatude in taking OF his sons
had visible good effect the jury. He concluded by
trsting that the jury would give verdict in his favor
He was followed by Mr. Nash pow erful speech, who
repealed the assertions in relation the plaintiff and his
family they being known to be highly respectable.
The CouRr charged that man of Mr.. MagnusS
citable temper apt to great many things In the
heat Of passion which were improper Character
most sacred thing and il for the Jury 10 guard IT,
giving such damages would induce persons to appeal
TO them, instead taking the law into their hands
They ordered to bring in sealed verdict We'd
| neshay morning.
| On Wednesday the Jury into Court on its open
| ing at 10 O'Clock. -
Mscsus--Your Honor, wish to have de Jury polled.
CouRT-Polled why they havnt delivered their YER