The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-27
or the defiance might hsv. an opportunity to examine

for the defence might have an opportunity to examine
Mr. MAY wishsd to designate three or four who should
not have any thing to do with the papers.
Mr., BsErT remarked that this would not extend to
Mr.. BaApLrv would not consent to such condition
he said he was responsible for them, and that they
sheuld not pass out Of his custody.
The court adjourned at four o'clock-lesving the
counsel for the the plaintiff in the act Of making
fer Of the papers
CRcuTr CouRr, wAsHrNeros. Nov 25, 1916
There was full attendance usual and as much in.
terest manifested as previous occasions.
MI ALFRED TiYrfrr was the first witness called and,
write it. The date was November Is, IsaS General
Van Ness looked into the dictionary to ascertain how
ment entered into between General Van Ness ana The
Witness relative to the building of house, &c,I
Mr. BRESr to state where he was married
Mr.: Manu- was married in Philadelphia, in Pine
street
Mr.. MAr-will you state how you were married
Mr.. BRApLEy.-That IL not evidence.
Mr.. CoxE.-The witness can't show the law
| Mr.. BnEsr-Hs can show the custom and yussrs
The question was asked a. to the marriage Of the wit
Mr.. CAaLrslr.-Hs can't testify Is to the law.
Mr. MAr-It il competent for us TO show the foreign
unwritten law by the testimony Of witnesses. ssla
MI CARLIsLk.-The matter IL regulated by law, and
the books of statutes properly authenticated in the
State Department Now, / don't see how the witness
can prove the custom usage Of marriage in
Mr. BsESr laer reading law authority. that the 70.
reign unwrten law and usage must be proved by pa
role evidence)-I don't know any who is better in
'tr 1 to prove this than man who !: married
The CevRT-The written law ought to be produced,
Mr. BxKsr again referred to law authorities to show
that according to decisions Of the Supreme Court Of
sucient for marriage and not be given
before minister or clergyman; and that the law rsquir
number did not affect the validity Of msrrisss.
.Mr H B. RosISsos was recalled, and again testified
to the handwriting of Gen. Van Ness
MI BRADLEY stated that he had served the gentlemen
on the other side with notice produce certain let
plaintiff BY Gem Van Ness And se read the notice.
Nr. BRENr said they had no such letter
Mr. Coke remarked that 1t necessary show that
they had never had, NOR ever had seen such letter
Mr. BRADLEY, after few suggestions from the Court,
IN 20 In
which he had referred.
Mr. BssrT arose and again referred to the objection
interogaory which had been propounded as to the man
ner Of his marriage, referring to law authorities to
show was competent for him to testify in the par
Mr.. GrLrrr remarked that the law of Pennsylvania
makes distinction asto marriage ceremony being
perfsrmed by clergyman and by alderman. The
witness could not what the law s speaks for It.
SELF from the book and decisions of the u.
MIR. BsEnr said that ho could establish by circum-
stantial evidence. that there marriage between
General Van Ness and Mira Connor the law would pre-.
sumo to DO legal and If the jury hnds there this
AZ this stage Of The procssdDTs ~ sma,bins az .ls,.
was hesrd in OF the windows tho left OF the
Of the Judges They looked round hurredy and every
eye was turned in that direction Mr. Bradley quetsd
the fears thus excited. by saying that the man who
| broke the glass didn't 90 clear out"1
Further debate ensued and there being breathing
| SPELL
The Cousr decided that usage could be proved only
| by those who know the facts.
Mr. JOHN C. RvEs. known as Blair and Rives,a tes.
tilted as follows Some ten years ago knew the hand
cations for the Globe this letter hoding OUT was
shown to me in the absence ofsuspcious extraneous
circumstances should say it was his handwriting the
initials look too round think have looked over ell
OF these letters if they disguised, they little
disguised if they are counterfeit, they well done
don't think Sincerely yours" in the Wallace letter
Is the same that in the Leesburg letter; think tho
direction is better than General Moss wrote; have
paid much attention to handwriting, not having tho
benefit of school, learned how write from sther
writing; IL this letter had been brought me without
the initials nigh, have doubted whose it was; might
have thought remembered the appearance; but ifshe
name Of Van Ness had been mentioned, I would have
trouble in correcting mistakes in General Van Ness
handwriting, whom ne wrote communications for the
Globe as to the sgnsturs will say that my own sig
after tho lapse Of thirteen years. could not tell the df
ference between it and my own.
on the Declaration ofndependence, could b easily
tereitcd; this is Con Van Ness's handwriting this
ter looks like it than either Of tho other two.
Mr.. BRADLEY exhibited letters to Mr. Rves and ques
toned him the similarity Of figures and letters which
Fowler "Are not all the these letters in the Same
handr
| Mr.. RIvEs-I can't tell my own hand
| Mr. BRESr-what did you ask Mr.. Bradley
MIR. BRADLEY-I asked whether all the SIS were not
made by the person.-Handing the letter of Miss
Green Valley Depot-Is the direction Of the letter
the contents written by the same person. according to
Mr.. Rrrs-It may have been written by the same per-
| son.
Mr. BnrSr-Repeating aloud.-writtsn by the same
person, in the same handwriting.
Mr.. BaApLEr-Mr Brent, don't interrupt me.
| Mr. BREyr-Dont you want the jury to know III
| Mr. BKApLEY-Yes, but will tell il my SELF
Mr. Brent and Mr. Bradley alternately asked questions
q. TO the formation Of letters, photography etc. In
pI~~ k~o .k.n tk latte
| Mr.. Rvs, said signatures could be initiated by
| tracing.
practice write such hand u this [Rssrrng to one
| Of the Generals letters.1
copied my letters got into the habit Of copying my sig
nature that could not tell II myself.
Mr. MAv-fie was an expert clerk
Mr. BRxrr-would you take the letters in tho mascu.
line or female hand, for those Of General Van Ness7
Mr. RivEs am not very well acquainted with female
correspondence ] never had much experience that
Mr. BaErr-I merely wish to bring out the masculine
traits.
Mr. Rrvrs-Men generally write a stronger hand than
women.
Mr.. BnErr-Thats all.
| The CouRr.-You can retire, Mr.. Rives.
Mr. R,vE,, Gas he was retiring III want ysu to un-
Mr.. BnErr.-Certainly, sir.
1.-THE Rev. MIR -srnoLE was called.-Hs said / am a
clergyman Of the Presbyterian church, | resided in
Pennsylvania as clergyman Ave years in Philadelphia,
and seven in Csriisle married persons during my
fnliaueipnM, tnan IN
the twelve years in that State married large number
more than two hundred
Mr.. Bn.sr-state the general practice. and whether
license 10 obtained.
Mr.: BRADLEY immediately objected; IL there was any
proof of marriage. the ceremony was performed by .
lsyman and not by clergy the custom and usagss
OF clergymen cannot be introduced to illustrate
on q distinct foundation, by the law; persons
in PenRfylvania married according the of
church Of wh,oh they are msmbers When iaymen
perform the ceremony, there Is In this case,
the place where the marriage IL said to have taken place
be found although but eight short months had
elapsed the party cannot and the alderman there
was moth NC to show marriage took place The pre-
tension 10 TO show that the person who performed the
ceremony an aldsrman-nay, even his name is
toned. But how the usage Of a minister illustrate
the usage of alderman. II il set up here that two
years before this pretended marriage there illicit
Intercourse begun this continues such till clear
proof Is shownof marriage. know oil no one better
qualified than Mr. Sprole prove the usages of clergy
man. Of hundred clergy men, but this would prove
If Chr Tho rtv an fbe