The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-18

Courier Of the 18th ins published during the progress
Of this trial.
Col. wrss--I did; wrote it in this Court ROOM :.
writing that artice7
Gel. wEBs-My motive was to correct certain incor.
rect statements which had been published in one Of the
papers Understood be the New York Herads report
Mr. Buffers opening speechthe ncorrectness being IN
my reporter the trouble of attending upon the Court
thought the report Of Mr. Buffers opening speech cscu
make very incorrect impression upon the pubic
OCosNoR-But. Col. Webb, you not aware that the
Of an parte statement during the progress OF
hlghly mproperl
q. Col; wEsn-I am; but publication had been made on
the other side and thought ought to be corrected
CCoNSoa-By publishing your view ofthe case
S'C. wkssIby publishing the truth
counsel were in court ready and able to correct
any wrong views of the case3
right. And Mr.. OConner II YOU. Yourself were
on trial for any crime would anticipate far to give
Mr. O'CosNER-That is not suppossbl. casa Co,oro,
Wsbo never yet mad the honor of being tried con-
rictsd for any criminal c6encs pardoned either
Rev. Mr. DuNHAM pastor of the MDougal street Bap.
tst church-The evidence Of this witness confirmed the
points claimed by the defence He had prayed in the fa
mily and being the custom to knee Alice knelt
In she was always sensible. and sometimes
Mrs ISABELLA LEr-I knew Alice well, and have been
to school with her. have spelt with her myself She
could read small words Mr. Lispenard would never al
bright as her sisters She was like spot child that
had her own way.
der sister Mrs. Lee just examined She corroborated
the positions maintained by the defence.
Alice. was employed about three months Of the year
in Mr.. Stewards family at mantua-makng and sowing,
and sometimes occupied the same room with her made
dresses for her. ! conversed freely with her. To
stranger she did appear we'll but that off ac
quantance She could dress and undress herself she
quired assistance to dress herself than the rest of
the ladies of the family She took Of her clothes,
other members of the family ddthey all had some
to aid them She could hardly be called silly for her
mory was good. She remembered very we'll one Of my
sisters whoH she had for fifteen years. rat this
point the Hon. Willis Hall made his appearance in court
As to her drinking liquors. thought she took more than
she ought to- she drank wine three times day. About
before her death she left off altogether and took
at all. took my meals with the family; Alice sat
next to me. At meals saw no difference between her
and others She was nearsighted which caused her to
eat awkwardlv.
Gross examlnsd by Mr. oCosNoR-I never slept in the
Alice slept in the basement-n the nursery; only know
that she left off drinking two years before her DEATH be-
Mrs Charles Stewart told and believe every
thing she says Yesterday looked the printed evil
dence which gave before the Surrogate, to refresh my
memory; also have seen another paper which was
handed to me- Before my examination in the surro-
gates office, asked Mr.. Stewart "a. IL to give
little outline OF the questions which would be asked me-
that might not err through ignorance. Some gave
the paper wanted on this subject, and kept it till
after my examination before the Surrogate.
This witness pretty severely crossexamined by
DmEcr-Alice had strong partalities to certain
bers of the family.
temper know of nothing ever done to curb it; have
known her sent on messages, and was last at Mr. Stew
Mr. : o'cosno s there, suppose.
PHGsE THOMPSON, (Colored2,l am IS years old !
know Alice messages %c a "a o
It not wine, know. What she drank affected her
conduct as to excite attention would not say Ive
her intoxicated but have her drink in plain
speaking She would sometimes get in violent passion
because the family would not let her do she pleased
She in this state Of liquor every day She would be
IN better sense go, this oay than when she
not-for then she was stupid, but when in liquour she
was not After years noticed change in Alice for
the better-she drank less Her temper very good if
you didn't rile her. Her memory was correct slept in
SeSe sh e other
dy She did not appear to be sighted in after life
as formerly and attributed it to drinking less once
asked her for of her old dresses and she refused
ing that shes intended to give to another person who
needed it more than did.
about Is years old she quite drunk from 10 A. NJ
till or in the evening she took it in the presence Of
she drank the liquor made her sagger, but she never
fell her constant gait staggcr at - O'Clock Alice
used bring the servants their greg she very dull
after that she would become alkatve she brought mes
to the kitchen as to what to be had for dinner
and was at the same time very drunk Alice always car
ried two keys and to recoect she carried three
keys many closets, which contained Wines cakes
all alone-when others of the family had gone ahead
saw her count any thing had paper sent to me
yesterday
Mrs ELIZABETH vrxcErr- live corner of Bedford and
Christopher Streets 5have known Alice from my child
hood recollect her since 1915; Alice then lived at Mr.
Stewards in Broadway This witness confirmed defen
dant's points generally Alice very fond Of chdren
and could be trusted take of them for any length
of time; never discovered any thing silly or foolish
about her.
Cross-examnedby O'CoNson.
Q-Was Miss Elsie near sighted7
Dwell how had you to come to her before she
Al don't know; Ineper asked her.
Q.-How did she walk?
A.-she walked with her head erect; the did,
before examined before the Surrogate Mr.. Stewart
called on me- sent for me, and told they try
ing to make out Miss Elsie fool, and wanted to know
writing last Monday or Tuesday at my house relative to
my testimony on this trial; told her was like minis
Without notes told her wished she had NOT brought Il
at all; read it to-day; also read it when first got it;
may have put my eyes on it oiener 1.-THE examna
ton very in relation to the papers spoken Of
and the influence of Mrs. Charles 8. Stewart
The Rev. CHARLES 8. srEwARr-[some conversation
here took place relative to the competency as witness
of the Rev. c. s. Stewart. The question waived for
the present. reside at lac Hudson street; am chaplain
in the navy and married of the neces Of Alice Lis
penard; have children by her; first saw Alice about
the year 1911; have much of her. He testified to
many Of Aces habits at table, sc. His testimony agreed
with that of other witnesses the defence saw
anything which indicated any deficiency in her of mind
or memory. She always appeared to comprehend dis.
noty whatever Subject hsI mind WA. directed TO- In
morning of 1885, that Alice had an attack of
paralysis she could not rise from her chair removed
her her room and Dr. Hunter sent for Alice said
from the first that she should 60 up stairs
again. occasion, asked her ifshe not afraid
de7 she replied "No;" then asked her in relation to
preparation for deaths she said she knew that she
| was wicked, but she had prayed to God to for
give her and she thought she should go to heaven.
remarked to her another occasion that Mrs. Stewart
and prayed for her. but that she must pray for herself
she replied do pray almost all the time pray to God
to make better and he made better" On another
occasion she said to me, OF Mrs. Stewart" love her
she has been good niece to and feel better when
she is with this shortly before her death her
these occasions calm and tender
and affecting never had any versaton with her
religious subjects before thought the subject
distatefnl to her. She reluctant to attend family
worship. In relation the character Of her mind and
think her information was very limited and her mind