The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-12

his character we shall 60 into that too by and by
think, the day before did. don't know that
heard spencer consent to his wifes going New York.
tiis directly through to New York and we remained
DEFENcE-Now sir who called to see your mother and
sister at the hotel7
Objected to part of the State
WITNESS in contnuation-We went to Jersey city after
tns ana TOOK house; we were strangers there at this
time; took the house myself
Objected to n part of the State.
Inc DEFENCE here stated that il essential to the
defence to enter into this line of examination. without
oSsct III Inc nearing OF the witness what was 'As''
wlIStss in continuation took the house from Mr..
Clark; had no means when came to New York
The STATE objected to this question
WiTsEss-I did not pay in advance.
They should confne themselves the opposite side
strictly to the ruling Of the Court.
WITNESS in continuation-I resided in this house in
Washington street from June ls45 to May 1916 with my
mother; then they removed to the house where the
der was committed Mrs Spencer resided in the house
az Washington street some six weeks Spencer
the house in July 1885 Mrs Spencer did not 20 with
Spencer when he left he did not until 18th of
May 1896 my sister lett after Spencer went in when
Spencer was there at the house in Washington street.
and told him did not want him there's he then speak
og to his wife; this was not my first remark him.
first asked him when he came what way he came and
when he came my sister left the ROOM he replied that
he came the mountains from Pennsy my sis
ter got up and left the ROOM she was CRYING at the time
got up and told him did not wish him 10 be running
through my house in that way; wished him to leave
the mouse; then went down to dinner he by the by
remarked to me. that he would lesve;"I told him II
wishei he would;' said this presume in warmh
dont know that said would put him outs should
wonder II did say when said this to him. his wife
said don't ysu say any thing to him Lous' addressing
should 60 he appeared very calm indeed; his wife left
that evening" as understood under pretence that she
day. heard none Of the conversation that occurred be-
tween spencer and his wife; did not Mrs Spencer
M the a Of May
street; had just come The Court here at o'clock
took
and returned at ga o'clock when the cross examination
Of MIR Dobbins resumed.
The DEFENcE here asked the witness in relation to
the letter which had been addressed to Mrs Dobbins
when,
The CouRr expressed its determination in the future
course Of the trial to strictly conne the State and the
defence to the rules of evidence No be
wish to introduce it, and prove any fact they could
call up the witness on the defence
The DErsScE continued to orossexamine When
spencer ana MS wife returned nth May lS46 to the
house at New Jersey they remained about three
QussrIor-who hired the house and owned the f,rpi
w.rsKss in continuation heard that Spencer gave
my sister Mrs Spencer, during their difficulties large
sum of money.
Objected TO by the State
The DEyEScs offered this testimony to show that
feeling Of kindness existed the part of the prisoner
towards the family as this of money given for
the purpose Of purchasinga wedding dress for witnesses
sister, who was in Michigan.
WITNEss-l heard SO from my sister.
Question ruled out.
WITNESS, in continuation know that between the
l7th May and 10th July Mr. Spencer wanted my sister
to travel with him. know he wanted her three or four
this request over in nv mothers presence presume he
might have been in tears such occasion dom
think can be positive that can't give the precise
language which he used when ne wanted Mrs Spencer
10 go with him travelling He would say, MARY, won't
you go with me ~ can't say that him on of
those occasions on his knees think have him on
nus knees upon one occasion to his wife he in tears
then he cried pretty often can't tell how often saw
the morning of the I'd of July he crying that
time, and asked me to let him in heard my mo
Their cay. when ne was going to travel that his wife
Some further argument arose in relation to the intro
ducton of testimony the State having objected to
the line Of cross-examination.
WITNESS, in continuation The money that Spencer
gave his wie-ieerred to aready-was deposited in 7h
ward Bank to my credit No part of the money was
drawn out before her death. 1t subsequent to her
DEATH in order to defay the expenses of her funeral
never heard Mrs Dobbns interfere with Mrs Spencer
prevent her going with Mr.. Spencer. She invariably
said she might act as she would Mrs Spencer slept
while they staid there, except one night When
first they came there, they slept up stairs, and
was the only boarder that said with u.s. he is sales
man, and does business 81 Pearl street New York
Paiien was married man, his wife living in Mich
gan he came to board with a few days before MIR.
Spencer and his wife returned the 18th of May and
he left on the I'd July; him few days ago he
in Court on the night OF this difficulty on LIST July Pat
ten was in his bed; can't tell when he got up, but when
Game Ia al Ter mad gone out. found him the
with Mr.. and Mrs Spencer ; know Mr.. Richardson OF
New York he there the night of the difficulty
there was no other man at the house the night of this
diitcuity on I'd Julynot to my knowledge, until had
returned from the Police office when FIRST came down
on the evening OF LIST of July can't say positively that
used obscene language, and was violent threatening
Mr. Spencer Mrs Spencers room up stairs was situated
next TO Mr. Pattens room, and mine Spencer said to
the light of this difficulty that all he wanted was that
his wife should treat him as husband, and not as dog
think he wrote note but did not send il to his wife
went up to my sister, and asked her to down. Mrs
han Mr. eto,ra
Patten was in his room Spencer, when he went up
stairs apped at the door of my mothers ROOM asked
what was doing in the hall you Just came out of that
door meaning the door Of Patterns room There was
some conversation down stairs about her being in Pat
tens room Spencer and Paen slept together that
in the same bed On the night Of the 4th of July Rich
Ger; he came there by appointment the same day
heard him tell Spencer he would be there in the even
took place at the house about IL o'clock the orenoon
Richardson came there that morning, by appointment,
IN othe same parties my mother Mrs Spencer,
The STATE objected to the introduction of matters in
relation to Richardson.
The DErErcE stated their object show that Mrs
Spencer found in the of Richardson on the day
previous to this homicide and this was the cause of ali
these difcultes The object to show that all these
dimcues arose In consequence and, twas not likely
that these witnesses would be very friendly towards the
prisoner. If the defiance could show state
OIL iacts that would produce frame of mind
which would amount TO legal excvlpation of the
prisoner on the charge Of the homicide they
ought 10 permit the defence to 60 into this
curry under the circumstances of the and 1t
essential ihasmuch if they could show that Mrs Spencer
was found in Richardson's the day previous this
homicide would tend materially to mitigate the char
acter Of his homicide.
The ATTORNEY GENERAL commended IL was matter
what they could introduce the character Of the diff
hculties, no matter what might have occurred at New
York but he would ask. could anything occurring
New York, the day previous any other day, u
~ TINS homicide and besides all this, this very mr
~ himself who had been so frequently referred
TO- was IN attendance in court here for the last few days
him. " ~
Ihe Couar here commented upon the course pursued
IN RELATION to the admissibity of the
rules OF evidence '' " '
The DErEscE here further contended thew had rgbt
to introduce testimony arising out of the direct
CouEr.fou want to prove adultery committed in
New YORK, oy the crossexaminaton Of this witness
or two days previous to this of homicide which