The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-11


have nothing done about the matter; heard no
saon between Spencer and the wife Spencer spoke
very feeliugy when he addressed Dobbins and said to
abeseeching way; his manner and look overcome, as
thought young Dobbins at the time.
The defence here was proceeding to crossexamine
tve TO conversations had about the period of tho first
arrest
The State objected the ground of its being irreIe
want to the issue They shout confne themselves to
the fact of the arrest and the attendant circumstances
The defence coniended that inasnuch they had set
out with statement giving detail Of particulars as to
what occurred at Columbus and Buffalo, and to the
time Of tho last arrest they Uhe deence) had perfect
right to go into these matters The object evidently
10 show disposition the part of the prisoner
init the murder and If they could show different state
Of things, 1t was competent for them to do 50.
The CouKr decided that, nasmuch the pro secution
had opened up matters in their direct examination
the defence had perfect right to go into the matter.
WITNESS (crossexamined in continuation)-On the &C.
cason Of the first arrest went into together
In the house. and he treated very gentemanly Mrs
Spencer was there at the tine l cannot swear that
young Dobbins was there do not now recollect.
The defence here called upon the State produce the
aft ,av,s upon which the warrants issued
ceedngs The defence they commended had no right to
have the aiavis here produced they he prosecutou)
The CouRr ruled in favor of the defence.
The afidavits OF Srs. Dobbin and her son, charging
the prisoner with threatening to take their lives and
putting them in bodily fear were read
Contamination continued The eiidavs produced
were taken to the Justices office, and the warrant then
issued for the first time prisoner appeared DO
much trouble of mind he gave bail on the first arrest
and aier this left the office did not see him after that
on the same day; next saw him once or twice in the
street, after the first he asked to assist him in
taking out his property; went to the house with him ;
he rang the bell but came to the he raised
and should go the kitchen door told him if could
be of any service to him that would assist him the
dued a, the justices Office and hung his head spencer
made he struggle to get away after he arrested for
the murder when he got to the se s;, cs the
that he knew nothing about it. At the time he wanted
the brother to speak to his sister for him. he understood
him as asking him to ntercede for him.
Direct examination resnmed.-WhcnI saw Mrs. Spen.
Ger after the shot was fred concluded she received
mortal wound. | requested Mrs. Dobbins to go to her
daughter before went myself
Witness here withdrew
Jusr.r L DoBpIss, well looking young man. brother
to the deceased. about ~ years of age and
mned by the State when he took his place upon the
stand the prisoner appeared to become agitaed am
brother to the deceased, Adeine Spencer; know the
prisoner at the barr the prisoner to reside with
family on the l7,h May 1916; from the 18th of May to
with our family thew absent IN an n
riod about three weeks; reside in Montgomery street
Jersey City; on the night OF the 4th July went to the
Justices office for warrant against the prisoners pro-
cured it; it dated the l5h il after IL O'Clock
when went; | don't think it was half past IL; !
procured watchnan to go with me to find out whore
the justice lived when got the office made the ai.
davit; on leaving the Office went to the house with the
officer; Spencer hereupon asked the officer if he could
he bailed Mr. Foot the .icer replied that he would
find that out from the justice; witness detailed the psr
culars of the had the prisoner and
former witness; Spencer wanted to 60 back to
Richardson, to know If he would forward his
BAIL said did not think worth while he 60
ing to the Office OF the justices he then passed out TO
| the bedroom and in a moment came back; he then
asked me "as you have always pretended 10 be my
MRS. spencers name Twas Adelino Mary ~ went up
and knocked at tho door; she opened and prisoner
ped before into the ROOM he said to the deceased
"Mary have got to 60 to jail. will you go with Pr
she said mo-; think she added 81 cant'-then the fest
saw was his hands up towards her breast and there
fash; screamed and turned and seemed to fall
partly: he then fired
and caught him by the arm; he endeavored TO turn
round Immediately after officer Foote came in and took
hold OF him. at the time of the second report she cried
out; ~ am dead, or am sho'the officer and himself
then went into the hail. policeman in at this
out Of his hand; with that turned round and my
sister standing BY the loungcr and mother right
her; she leaned against mother; the blood flowing
out Of her mouth; started and out of the house
when started thought OF going for the doctor, but
was; then went to Dr. Olcous house, and after this
went back to the house; think she breathed her last az
ter got back to the house: the doctor Games the ball
at the back under the right shoulder and passed
out at tho left side OF the neck; examined the mark
the ball in the bedrooms it lodged in the sill of the win
dow. (Wness here identified the pistol also the bullet
mould that found in prisoners trunk) saw the bal
that extracted from the window sill; not pres
ent when the ball was taken out; saw the ball after i
servant Spencer myself and Foot the constable, were
present when the ball fired; the knife
| until ] saw before the Grand Jury;t the
| first warrant issued the second OF July
The circumstances that led to this were, spencer
gOOu deal Oh IN the mouse,
with his wife. On the night of the LIST Of July
called up from my bed by my mother; she told me to
get up went down stairs and Mr. Spencer was jawing
ais we; can't tell what words he used but she said
she would not 60 to bed with him." This about
II o'clock; she said that she unwel and wished
lie alone that nights told him would not have mach
dstur bance; there continual jawing going be-
tween him and MS wifc then told my 60 up
stairs with her mother she did so; after she up
stairs talked with Spencer; he wanted to go up and
call them down. he said II would advise her to come
down she probably would told him ! would and |
/ M paudfo hadh dot
she told that he abusing her all the time, and
that she afraid to live with HIM she did go down;
and about two minutes after that heard scuie the
parlor; then heard my sister desire to tell her b. er
then went right down to the parlor and asked wAat II
was, my sister said he kept pinching OF herr she
started Tor up stairs and he pulled her back he used
loud uproarious language at this time can't tel
what it was told him should have him removed by
police officer; he brandishing his pistol all the tmo
he said TINT there no policeman would dare take
him. that he would not eaye the house; went for the
policeman; he told mo should the Chief of Police;
then returned house without the police man. and
talked TO Spencer; whom returned found Mr.. Patty,
boardsr in the house tho ROOM told my sister go
up and stay with her mother it then about two
three o'clock; when into the house the ID Of
July passed into the parior: asked my sister to step
up before Spencer; made the remark to him that l
would have such actions them; he replied that he
would shoot me If did not let him go with his wife;
then told him would not let him follow his wife, and
that he should leave the houses spencer presented the
pistol at and told me to take what was about
that ne would shoot me; the reply gave him to
shoot whom he wished; then went for officer and to
the Justices office the same day, the I'd OF July; made
an fdav and there was no olicer to be had; return
cd to the house. and in about half an hour alter he
the door, and through the entreaty Of his wife, let
MIN in; told him, then, that II he behaved himself
would not have any to do with him he told me he
did blame the course pursued, and wanted
stop the dispute; told him had made the afida
tnat had trouble enough; he conducted hiu
self different manner; told hun that he must give
the pistol and insisted it, that he ought not carry
such weapons he taid he had not got the pistol but he
willing that Harrison should keep it, he then
to Harrison and got the pistol.
The court here adjourned to GA o'clock this forenoon
Common Plcns.
Before Judge Daily.
Sypr 10 --Moru Hauseman VS.. Dapfd and Sa a,uet