The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-19


Q-Has Mr.. Ballard ever been there l-(Ballard was
here asked to step forward)
Al never saw that gentleman before nor this one
here-his brother; these pills are for rregularty.
Mrs ISABELLA Hurley Called am a married lady; my
husband is named Peter Hurley; we reside at So Allen
street; know the accused have known her between i've
and six years. cannot lay how long she had been in the
city when first knew herr should suppose she about
Is Is; she resided with Mrs. Merriam of Benson
and Leonard streets she has visited my house quite ire
quently.
acquaintance with Mr. Ballard az to virtue and amiab-
The prosecution objected to the question
seduction of the accused accomplished by Ballard
The CouRr overrule1 the question, and aiked the
..Q-Haye you had any reason to note any particular
disposition Of mind Of the accused, and when was
Al did in August, l94l
ticed
A.-She came to my house about the time named, and
the matter she said she did not know repeated the
question: and she said she had home asked her if
she had any work she said tod her would direct
do my sister lived ON the 9th avenue near AID street
told her If she did not want help to return to and
would give her home until she could find situation
her mind appearedto be troubed she returned in two
three days. and told that she had left the railroad at
32d street. and wandered about and couldn't find the place
gave her the direction again and she left that was
the last time she at my house; formed an opinion
that she in trouble did not form any opinion at
that time that her mind shattered any opinion
to the state Of her mind have knowledge of her
being subject fits do not know Mr. Ballard by sight.
WILLIAM CALENDER called again.-The accused cams
to live with me in July, 1889.
Mrs HURLEY. recalled:-I thought that her mind
was deranged; did not know the difference between
trouble and deranged when used the former word few
moments since.
Crosseranined by Prosecution. of the counsel
asked when took my seat, if knew the difference
between trouble and arrangement havea sister who is
deranged do not mean to say that the accused was like
my sister she was insane from illness and is dead con-
slider every person who il troubled in mind or spirits as
partially deranged
MIR. CALENDER, recalled-The accused was in my
family from July 1889 to May ls4l.
Q-What was her conduct up to that periodl
The prosecution objected, and the question was over
( Mr.. GRAHAM commended for its admission the
ground that the prosecution had charged her with mpro
menced about the time she lived with witness
\ Q-Was not the accused subject to fits or spasms?
Ayes, she was several times year; whenever my
self and wife left home always stepped next door and
requested the favor of my fatherinaw Mr. Sparks to
look after herr have known her to lay in those fits two
she was then entirely unconscious and unable to speak,
have not seen her while she was in PRISON. her appear
ance at the present time is not the same when she
with me she is more emaciated and broken down;
any thing out of the way with her my lfe
she STILL modest, retired quiet female ever
knew.
Cross Examined by ProsecutionShe did not during this
time exhibit any evidences Of diseased mind or intellect
since.
QHave you ever seen any letters, had any in your
possession written by Ballard?
The objected and the Court overruled the
question.
Q-Was the accused not woman of more than ordina.
~ self possession OF mind and evenness Of temper
state mind to her size and external appearance do
not recognize any difference; while the prisoner with
me she sometimes was temporarily absent at Mrs Merr
ANS; she sometimes had fits while she there;
collect occasion, while in the Police Office
to have been sent for she was in Of those fits at
Mrs. Merriams, and applied plaster that had be-
fore used to reev herr her native place is Sparta in New
Jersey.
Dr.. BENJAMIN w. McCHEApy, called am physician Of
harp vheuth dxaa
ted this charges have been led to visit prisoner in her
cell while here, partly from illness and partly from my
interest in her situation.
Q-What has been the nature of her illness
Mr. SANFORD objected on the part OF the prosecution
for Defence and closing by asserting that they would
tam evory offer OF testimony made round OF applause
followed from the audience Some the officers called
order but the most Of them being absent their names
were called and anes imposed short followed
during which officers were stationed about the and
SARAH BALLARD called and sworn-I know Henry s.
Ballard; became acquainted with him in 1882
Odd you live with him.
The prosec ution objected and the defence then offered
to show the seduction OF witness by Henry rs Ballard,
and that he was living with her, passing her of as his
wife at the time of his first acquaintance with the prison
er That shortly before the assault the witness accident
ally become acquainted with the prisoner and commun
Also that Ballard lived with the witness from 1892 to
the spring summer Of S4l passing as his wife, and that
this connection was only broken OF in consequences Of
his connexon with the prisoner. That during the time
Ballard and the witness lived together che several
times pregnant by him. That he insisted that she should
abortons under of leaving her. that
she did So that he finally abandoned her leaving her
pennilsss and wholly destitute
Mr. SANpFoRD objected he said the testimony could
not be admitted and he believed it was offered for dunk
UNI" alone
Mr. GRAHAM replied and commended that the evidence
here offered for the purpose OF sustaining the posi-
ton taken by the defence that mental alienation existed
the of the accused previous to and at the time oil
the commission Of this act
here had full view Of the witness upon the stand
who appears to be about twenty five years of age dark
brown hair and dark blue eyes, rudy complexion. She
neatly dressed in black cloth cloak, black velvet
hat and feather with lace VEIL She appeared much
posed, and responded with great readiness.
BALLARD thecompanant was here seated in the OF
the step leading to the bench of the This is the
first clear view have been able to obtain OF him since
the commencement Of the trial He was very genteely
His hair and eyebrows light brown, whiskers sandy,
high cheek bones, with flush Of red extending the
enance any thing but such would appear become
The CoUnr finally overruled the question but directed
that the inquiry should be to the effect Of any
satou between witness and the accused.
Q-Did you go to the store of Ballard with the accus
Ayes went in August; she told that he had
agreed to do for herr told her how he had treated
GRAHAM-That is all, unless the prosecution wish to
SArpFoRD-No. we do not wish any more.
WITNEss-Qeaving the stand)-No, J. do not think you
wish to hear any more, sir Grea laughter and muir
murs OF applause)
Mrs. May MooRE caed-T reside at the corner Of Pearl
and Ferry streets but lived at 100 Beekman street when
first knew the accused about week before the accused
left Mr. Calenders she came to my house and enquired
for board after she had been with me two three weeks
she complained OF being unwell and know she took
two boxes of pills the state Of her mind very
easy and low Of spirits she remained sometimes half day
without speaking do not know what kind OF pills they
were | never asked her
Q-From these particulars did you form any opinion
to the state of her mind
Al formed opinion that she had been promised
thing that had not been performed that she had been pro-
missed to be married something like that she had fits
ana spasms at that time very often she used to be very
weak and bad after she had got over them for good
while asked her what was the matter and she said
would know some day.
BY JURoR.-Was the box labelled or not
WrNEss--l cannot tell this was in June, Ie4l.
at that time2
Prosecution objected and question overruled.
Q-Do yon know Henry s. Ballard
Al have seen person pass the house which sup
posed was him and have the accused 60 out and
meet him.
Prosecution objected to this irrelevant to the
issue which sustained by the Court