The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-21

at Staten Island while witness was there the demean-
ner sister towards both gentlemen was polite ana
lady
Cross examined by Mr.. JoRpAS-Judgs Harts, wit
time that there witness Judge Harte, Mrs
Lynde and others walked out about the grounds.
FRANCIS SrEINHEYL examined by O'CoNoR.-Resides
In the city of New York. keeps dry goods commission
house; knows Mr.. shafsr and Mr.. and Mrs. Lynds;
house for himself on Staten Island in isaO witness
boarded with him during those years in lSil MIR. |
months; witness attended to his household affairs
during his absence; there was no other in the
house but witness and the servant man there were two
ladies' and Mrs Lynde in the house also In ls4, Mr.
shater came there; witness introduced him to Lynde
and asked If he would take shafer boarder; he
agreed to do witness went Europe in ls43 and
turned In September of that year. and went back to
board at Mr. Lyndes who also in Europe that year
and returned to this country before Witness does not
know Of any particular arrangement that MIR. shsfer
should board there during his absence, but 1t
derstood in and si5 witness also boarded there
whilst Mr. Lyuds was absent in Is45 witness reooecs
receiving letter from him he has not the letter. he
was on the road leading 70 the The 9sy ofths ss
sau witness knew that Mr. Lynde in possession Of
the Instrument with which he eommttsd the assault; he
Showed 1t to Witness the day OF his return from England
ut the time he said that he would take revenge Of who
ever injured him. he acknowledged to witness that he
killing shafer and his wife, in they guilty;
the relations between Mr. and Mrs Lynde and witness
that Of brothers and sisters the presents witness
gave, were as a return for the kindness he had re
the servants each year Mr. shssr Always acted
with great reserve it Is his manner; he is very
first year shaer there helping Mrs Lynds
out Of the wagon In ls43 ls4t and ls45 Skaters rela
him during all this time assume or take any
liberties with Mrs Lynde never observed that his mo-
desty and timdity changed the reason that witness
OF his wagon in s4l, after which witness lost his taste
for riding; the shaer left the city for Staten
Island before witness In the warm summer months
that his business terminated earlier than wtuesss
his busy time ended in May and did not begin until
the ensuing fall; witness was In the commission bu
siness bad hut clerk and his CORE pondsncs
considerable, which occupied considerable portion
of his time; lived part the years ls43 1874. and s45
with shafer, in this city; his habits were the same at
those times when boarded Staten
the summer Of is4o II no did not take breakfast with
Witness he came down before witness had hnished.
Q-Do you remember Mr. Shsfier getting fall from
following Mr.. Shnffer first went to town afterwards
BY JuHoR-What time interviewed between the time
you and Mr. Shaffer went to town in the morning!
Al took the first boat which started O'Clock in
the morning and | suppose he took the second boat
went out after his fall | saw him on the next Tuesday
In his ROOM talked together he complained of weak
ness and said he felt faint he sitting chair at
the time witness said, that he did not feel WELL he
ought to stay and take the next boat left
and went to MS breakfast Mrs Lynde in before
witness finished breakfast and she gave him remain
der Of it she asked how shaer was witness told her
he did not feel we'll after which witness went away
Lynde on the 4th of July, and Mrs Lynde went to
New Bedford on the 10Th; first heard of the bedroom
sccnce two days before Mrs Lyndes departure from
New Bedford; It was on a Sunday evening when Miss
Mary told witness Of it, she looked very and told
witness that her mother had been in Mr. Skaters rsom
rsmem bers Mary said something at the time about
Shaer and her mother giving each other their hands,
witness gave Mrs Lynde money in ls45, while Mr.
Lynde was In Europe; he kept a book in the evening
she witness account OF the way she expended
money and witness entered in the book which he
afterwards gave to Mr. Lynde after he had received the
letters from MIR Lynde and days after Mrs Lynde
went to New Bedford witness mentioned to Mr. ShaYer
that he understood from Mr. Lynde that his wife
going to leave him; the evening that Mary made the
communication about her mother ana Mr. Shafer wit.
ness took to watch them and continued
tinize their conduct until Mrs Lynds New Bed
ford but witness anything in their manners
behavior towards each other that could warrant wit
between them after witness received from Mr. Lynde
the letters the 4th July he paid attention to
Mrs. Lynde's movements for the first two or three
days, but saw nothing, and he dropped st, until he
heard the communication from Mary; but 1t was to
certain whether she intended to leave or not.
| Cross-sromined by Mr. JoRpoN-Q DO you know
when Mr. shafer resided in Paris and if he kept mis-
| tress?
objected to by Mr. oConor
MIR JoRpoN-i have authorities to sustain it.
CouRT-f you have, will admit the question but If
you cannot sustain 1t by authorities, think the ques
ton Is improper.
The decision then reserved until tomorrow (this
morning.. The witness underwent a long -exami-
nation but nothing ELECTED to shake his direct
| tmony.
SUPERIOR CouRr, Oct 2o.-Before Chief Justice Oak
ley -NdJonso Madreno u.s. Nathaniel Weed Preiident
Of the North River Bank.-Ths was an action to re.
Sl99 the amount Of bank draft and interest In
1913 ls44 the plaintiff Spanish missionary priest
who had arrived in this country shortly was
put in charge of some church property Staten Island
by the duty supsrintend the erection
Of church the property and to make collections to
carry on the building In lS44 and l945 he collected
considerable sums Of money and lodged them in the
North River Bank In his Some time In the latter
end Of s45 he left this country under circumstances
which were not stated the counsel either side
previously he handed over all the books and papers
latng to the church and church property to Bishop
Hughes the principal trustee, amongst which he found
the bank book upon which the above balance
the credit of the plaintiff in the bank Bishop Hughes
sscertsining 1t went to the bank and stopped pay
ment he erwards gave bond Of indemnity to the de-
MessIs Evsrts Butler draft the bank for the 3d.
which they presented and payment Of course
ed The action now brought In the of Madreno
to it from the bank The defence set up was
that the money not dadrenos but the property Of
the trustees of the church, that he was merely their
agent collected the money for church purposes by their
direction under their CONTROL and lodged 1t in the bank
for safe keeping the his having lodged it in
own did not alter the rights Of the parties
They relied upon the fact of his having handed
bank book in support Of the proposition. The
tried by consent, without a jury. The Chief Justice
said that he would at present give judgment for the
plaintiff, but would reserve the point raised by deen
Judgment for plaintiff for claimed and interest
For plaintiff, MIR. Everts for defendant, Mr.. Raymond
CouRr OF GENERAL SESSIONS, Oct 20.-Before Recor
der Scott and Aldermen Feeks and Tappan Trial of
man, John McKeon and Jonas Is. Phillips Esqrs appear
ing counsel the part Of the people and David Ora
nam, and James Brady, EsqrB defence.
At the opening of court this morning Caroline Lob
alias Madam Restel, called to trial indict.
ment for manssugher in the second degree in having
the 18th Of July last, produced abortion the
person Of Maria Bodne Of Orange County and thereby
caused the death of quick child.
Gabred b. Hoyt being called as juror, Mr. Brady
and stated that he wished the to take
form Of the challenge which the defence proposed put
to each of the jurors called. The form as follows
viz Whether the juror called has formed an opinion
that the defendant in this is guilty Of the
charged in this or whether he has expressed
an opinion in relation thereto.
Mr. Hoyt being as to his competency serve us
juror, was examined by Mr. Brady as follows:
CUES. Have you heard of this case! Ans Yes sir @
Have you read any statements relative to It in the pa
pers A. have partially read them. but do not re.
member much Of what then read @ Have YOU heard
1t spoken Of! A. II have. @ Have you formed an ONT
MON Of the guilt innocence Of the in This
case! A. have not fully made up an opinion in the
case, because have not fully examined the statements
made in the papers in relation to 1T @ From what Won
have in the papers have have you not form