The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-04-05
Circuit Court.

iae Cry HtHfhey come Ihs Ladies.-T he court
room THIS morning crowded as usual, with ladies'
many o. whom evidently belonged to the upper ten
thousand" and manifested good deal OF anxiety about
the most shionabe place Of public reset since the oom
mencement Of the trial. The rule laid down by Judge
Ldmsnds which cempes the ladies who attend to remain
IN their places until the hours of adjournment namely
Tor dinner and 9ocloek in the evening" though
very is still submitted to by them with ap
parent Subtraction.
SPECIAL Law yoR THE TRIAL.
Mr WHITirG called the attention Of the court to the
fact that Tuesday being election day. the law prohibits
be advisable to send up Albany get special bill pas.
next.
COURT glad my attention has been called to the
matter.
Mr. GsAa.M-N is the fact, your honor. So il would
tnus on Tuesday The inconveniencs to the Jurors BY
the trial.
CoURr-very well, shall send to Albany on the sub
Mr.. GEoRaE HousEMAK reealled-Testiaed the roads
were bad, when he took home the money to his mothers
Miss MATILDA RoRxx testified she saw her aunt on the
Sunday morning preceding the Are.
Mr.. ENocH f. CAMP examined by Mr.. De WIrr-I went
Mr. Housemans house at the time Of the last trial.
went to Miss Rore's fathers house, and the
window; Recognized yourself (Mr. De Witty by your
peculiar Dutch waddle (Laughter) The window was
raised up
Crosseramined By Mr.. wHIrrro.-I looked out and |
il so long since it occurred.
To tho couRr.-I could distinguish between man and
woman very easily.
defence when not Of them answered. the Coroner Of
Richmond County being amongst the number.
Cousr-This Is intolerable, Mr. Graham. You can
move for an attachment
Mrs ELIZABETH RooKE mother to Miss Matilda Rorke
produced, with view to give in evidence her decara.
lions in relation to seeing her aunt the late Mrs. House
Mr. WHITING objected to this testimony. He contend.
ed that in as much as the witness Miss Matilda Rorke
ouafs rvNna rhndh q
Court, the witness on the stand incompetent He
cited Roscoe on Evidence in support Of his position
Mr. GRAHAM replied.
The Counr reserved its decision leaving the question
in relation to the declaration Of Miss Rorke open.
The witness here withdrew.
WILLIAM RIcHARDsor erGminsdsby Mr.. GRAHAM-I resi-
ded Staten Island the time Of the burning now
live in the Sd Avenue remember the time ofthe fire
resided about hall mile from the house Of George
Houseman. was coming home about dusk, aud OBJ
yard in conversation walking towards the front gate
towards the gate but did not 70 out Of the gate The
lady had neither shawl bonnet IN. The man had q
could not exactly tel-Re mr. be about Ave feet ten he
was young man. was exAmined some time after be
fore the Coroners jury. was subpenaed to attend
constable brought carriage for me. saw O carriage
pass me on the road afterwards in the same direction
which was going; this occurred about sun down.
Crosseramined By MrCLARKE-I was riding in walk
not acquainted with Mr. Houseman; said on the
former trial what state now did state that the man
had hat on at the last trial. the female had hat ON
COLLECTS saw both ofthe house, the house
closed up; saw no door or window open; did not
n
nutes; horse was going slow at the times think
saw two ladies in the carriage.
JAMES D. BERGEN examined by Mr.. De WIrr-I was at
the trial before the Coroner Mrs Jane Lkk was sworn
that occasion; did not take notes Of the trial 1.-THE
in the absence Of the Coronerl don't remember Mrs
Lisk stated at the Coroners inquest about the boy
Thompson's kicking the door.
s~vskv rlvAn I'LL r:cr A.
some Of the testimony
The CouRr overruled, and held that variation in
witnss:ss satsmentaer 50 long lapse Of time, could
not be held q sufficient ground fer impeachment
Witness Withdrawn.
Mrs ELvnA BurLxR-Testi6ed she was present on the
night Are and saw the box [produced] which she
got from old Mrs Houscsn; she took vcrsty of arti
cles % well as the box, over to old Mrs Housenan
that 9gh she also took the bed heard no screaming
took 10 notice Of any articles that had blood on.
ToMr. WHITING The box was not warm at the time
in the rear took no notice that she was there on Satur
day; did not see her
Tin LADIE.-Ths hour Of recess having arrived, til,
OF the door rose to view the prisoner
CouRT-I would remark that those females who csult
would induce them to rise and gaze in the face Of the
prisoner of their when leaving the Cour
% sS a. aons are eosv
the Court
evidence
to show that certain declarations made by some
the witnesses with view coroborato their statements
which has already been referred to and left open for
MrIWHrrvo opposed the introduction Of such tesmo
ny in relation to the declarations Of Miss Rorke-con
tending that much the witness not
such course could not be adopted
Mr.. DE- WIrr-If they do not impeach, they impute
design, in as much as the witness bound BY ties
blood to the prisoner imputed that she had fari
Gated statement with view to rescue one in who's,
veins her own blood ran from the gnomny attached
the crime Of murder.
Mr.. CLARxE-We do not impute.
CeuRr-Very well though Counsel may not imputt
such design, yet the Jury might have made up my
Rorke and rule out that in relation the testimony
to the Coroners notes. Now, having disposed Of these
Mr. GnAHAM-There is another in relation to the chi.
racter OF old Mr. and Mrs Houseman know that ceun
sci at the opposite mean to mpugn their testimony by
crime. the trial in their county we need not
go to this trouble; but being here strangers feel 1t
CouRr-Isee no necessity for this If their testimony
was impeached, 1t would be different thing; bat whei,
II 10 not, it is quite different matter.
nation by Mr. De Witt he testied-I am Clergyman OF
the Reformed Dutch Church am acquainted with the
famy Of the married the prisoner at the bar
miIy
The CouRr overuled this question, and number Of
who had been snbpnnacd az to that point
discharged
HoaAox w. BALDwrrx ersminsd BY Mr. DE- Writ am
now in the police my place Of business on Christmas,
ls43 at the Of Canal and Reade streets
then broker; gold watch was that day presented
to me for the purposs Of raising money watch shown
il similar to this with eagle the face OF it this
face is uncommon, cannot say that this Ia the
same watch. II was man who brought the watch, he
was about FIVE feet six inches high about IS 20 years
of age; have seen Mr.. Waite when at the prison
Staten Island, and only that his complexoa was Lit.
tie more hord, and his whiskers came farther down
his face, should say that Waite was the
To JuRoR-t was about n o'clock Christmas
morning don't recollect tho makers name remem.
Der seeing the word brothers in the wstch offered me
ION examination the word found on the watch
prcduced) In his GROSS examinstien by Mr.. Clark
lived near Waites store said that the chased work on
the watch was cosrser than the one now produced
Mrs. ELsAsErn RoRxE reproduced.-The COW ersation
occurred between my daughter and me Sunday
ing In her concentration by Mr.. Whting-I think
i was near 10 o'clock am sister Of the prisoner
don't remember to have talked to her about this
SMITH B. FREEMAN testified II carried to Waites store
the intelligence OF the disaster on Staten Island told
him that Mrs. Honseman and child were dead
By Mr. WHITING II received the intelligence from my
brother in law who at the time desired me to make
Waite acquainted with the circumstance.
SrLAs DE- GRour In his examination by Mr. De Witt
Il was in the oyster business about Christmas Is43 at
uier No 1 w Mrs Rodi md hart