New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-12-07
WAsmycros, Dec. 5, le4t


The fifteenth day OF the trial ofthe Van Ness case
commenced this morning. It is whispered that the
principal evidence to be produced by the defend
ants counsel, which contains tue core, VIII occupy
several days.
Mr. Calan the objection to whose testimony " as
overulcdl stated that he went to plaintiff S house
on the morning Of the st OF July last and demanded
the rent due She denied that any was due, as
sorting that the house was hers she was asked 10
produce the deed to prove it she denied that she
ever signed an agreement to pay rent asserting
tina; she had paid any witness showed her the
lease signed by her and General Van Ness III December
in which she acknowledged that she owed the rent :
after witness returned 10 his office Shcrburne handed him
the letter said il not forgery as several genie
men had pronounced genuine plaintiff could not
security tor the goods and the officers were about 10 re
move them. when Mr Sherburne pledged his word that
they should remain until the morrow.
Abou, half an hour after The Court met Mr. Hepburn
OF the Jury complained OF indisPosuon and WAS
compelled 20 retire from the Court lie was yester
day taken sick with chill After waiting about an hour
and Finding that IL was uncertain whether Mr. Hepburn
would be sufficiently recovered o attend IN his place TO-
day, the Court asked OF the Counsel whether by
an agreement both sides they would be willing 20
or with the in tee presence OF the other eleven ju
rors To ,his however objection was mace by Mr.. Car
Esic on the part the defence the ground that the
testimony about be produced their side very
important and he speaking one OF the Counsel UNI
less overrued by MS associates would no, be willing
that any portion OF that testimony should be gone into
until the whole OF the Jary were present Il also
suggested that the Jury had been engaged in this
fourteen days without any internisson with the
exception of Thanksgiving Day and that they were so
much tatEued 70 render recreation necessary.
The Court this suggestion agreed 70 discharge the
Jury until Monday and the Court adjourned 10 that day
There considerable argument the subject of
the sdni.s5lity ota witness-Jaes Mcguire called by
the Counsel for the defence. II objected that Ma
Quire present daily in the Courtroom and had
heard the testimony OF the other witnesses violation
o: rule of the Court and OF agreement made be-
tween the Counsel both sides The rule OF Court
required that al persons about 70 DC examined as wit
should not be present during the examination Of
other witnesses and this rule had been acted II
replied by tee Counsel FOR the defence that the eS
animation OF the present witness would DC no violation
OF the and sp,t Of the rule, as the point 10
winch intended examine the witness one
which had been touched upon n the examination OF
the previous witnesses |. point which all would
admit 10 DC entirely Unconnected with the testimony al.
ready gwen in The daily publication o; the evidence
in papers wcic LAID the tables before the
Ing Court the following day snow tic rule
would prevent witnesses about 70 De examined from
hearing the testimony previously given The Counsel
for the defence did not complain OF this daily pUoca
non OF the proceedings On the contrary. they were
productive OF advantage and the Counsel for the
defence admit, ed ,asl they had been benefited OF The
publication. On the ether hand the plaintiffs Counsel
complained OF this publication prejudlcng the public
mind, and leading criticisms on tie testimony which
the testimony II This bu. even the points Of law
raised iis progress were discussed AID decided by
ingenious persons out OF doors
The Court nr.;ed that ,hey had originally intended
TO Issue order prohibiting the publication OF the pro-
cesdngs unri the close OF the trial l. mad become
however 40 much the fashion Of the dsy lay open
everything 70 me pubic eye and the current of public
opinion seemed strongly II that direction that
il would perhaps De difficult 70 arrest the practice
now The Court decreed that Aasuir. .hould no. &c
sworn