New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-07


CousT Or OYER AND TIRMsER-Before judge Morse
and Af. Iappan and feerS Trial o MARTA Hare,
charge u bga1g N r.iGfi0l 10 Mes FIR continued
TheCOurir0'm was much crowded Mr. Brady, on The
opening u the Court said be had nu. witness 70 cs
ard that Jadgc E1monis. In relation the exsnin4-
don -tiOre him ia September last, The Jldge APPEARED
bat not having his minutes n Chambers delay occur-
red of about hour enable Inn g. 20 20 his house
On his return which was near IL O'clock N ascertain
81 thai The testimony ~ the tine had been taken b
csr, and not in the Judges possession other reports Of
the Testimony allowed TO be read In evidence. IL
was before judge Edmonds, Mr. r. said, when Hare was
brought up hqJeas corpus, and 4 nSsted there
ground 10 hold him. In her testimony Of that
she married TO Hare, by himself In Murray-st.
He said, " take this girl before God and be my
lawful wife, IN sickness and In health TIL death shall US
part" said the he did. There was nothing
else said at the time and nothing wassad % me about
man age before the ceremony took place. Previous 10
that day nothing had been said about marriage. Nothing
said by either Of about priest that day any
other day The question was asked her, on that sxam-
nation, Did you then know Hare married p the
ply was knew that he was married" On question
being asked her by Mr. Whiting that time, she stated,
he said nc could get dvorce and going 10 get d.
vOrce ne said the marriage was valid" On question
~ that time, asked her BY Mr. Brady DID yog believe
that any man could have two wives al once her answer
was No. sir" She, at the conclusion Of that examna-
ton signed A. 50 correct
Mr. Whiting then proposed 10 put In evidence 2 state
made by Mary Fox before Justice Osborne On the
z3i August, lsi7 which he said, the indictment WAS
founded The evidence bjeced TO- being such
as Mr. Whiting supposed although, from the IT,
It appears 10 be that which The Indictment founded
Mr.. Cutting coniended that the afdsvit should be al
lowed % show that Mary testified At that time substan-
TALLY she did the pTeseat tns and that on the Sat
urdsy previous 10 The Thursday there had been PROPOSE
ton OF marriage.
William T. enid swo-n-The witness testified that the
affidavit in question made by Mary Fox al the house
Of her father Broadway mir. 4. resides and keeps
merchsn tal0rs establishment in Broadway. believe
John ST. No persons we're present bs, Justice os
borne Mary and ysef Her father not present 1t
taken suggestion from Mr.. Brady Oh the case
coming before Chief Justice Jones who transferred II TO
Judge Edmonds haJeos corpus that II the girl herself
said she married he wOnld ADMIT 1t, but he serwaTd
required that she should be personally examined.
Mr. Cutting contended tina. The affidavit should be ad
med TO show she had previously In substance testified
Mr. Brady denied that the affidavit could be pro-
ducos against her testimony given next day verbally or at
any time
The witness said Mr.. b. is inere.tsd in this matter
She IT, 10 law, accomplicc and not only So but prin
cpal. and liable. her story. 10 50 TO the
state ris0n for Il is state Prison offence 10
person knowing thst person 10 be married already She
may dssembe and IL may be convenient for counsel to do
away with testimony, but nothing has been said. will
be- probably, about prosecuting, and the same state Of
things exist now as at the time OF the testimony being
taken. Mr. B. cited various points In support of the view
that the be read In opposition 10 her legal
testimony Mr. Cutting urged strongly the reverse lie
spoke with mucn feeling Of her being called an accom-
pce" This unfortunate and hspless child, said he this
wreck struck she has BEEN 10 be called the accom-
plce OF the VILLAIN who has worked her ruin. Consdera
be gsment presented The Court, AFTER eonsulta
on decided that the affidavit was improper TO be admitted
testimony.
Mr. Cutting slated the letter parents TO
the same effect
The case here closed and question arose which
Of the should up, Mr.. Brady being alone for
the defence. II finally concluded behalf Of the
prosecution. that AIR. Cutting should present the law
points and Mr. Whiting sum up. MI Brady then pro-
ceeced to up for defence.
Mr. Brady, addressing the Court, said he should
tend from evidence that the prser Is entitled 10 an
acqutal by law. To render marriage valid, 80 as to
be Enabled TO bring charge Of bigamy IL is Necessary
that the marriage should have been in presence OF witness
that If when the socaed marriage took place Mary
knew that Hare already married. the prisoner is en
ted % acquitta that tue jury Should disregard the
testimony Of the prosecurx she l. corroboraed by
testimony inconsistent with the innocence the prisoner
b. cOntended that in order TO hold for bgamy there
should be clear proof Of the marriage By dsinerested
Witnesses allowing marriage 10 be civil contract
In relation 10 the testimony Of Miss Fox before Judge Ed
mcnds and IL varies just In such way that If she
had all the legal knowledge Of her counsel IL could not
have been worded better to exonerate herself and mp-
cate the prisoner than had BEEN She before stated that
nothing had been said about marriage Ill they stood up
IN Murrays now she says IL was spoken OF the Saturday
previous and he told her he hsd got clear OF his WIFE,
She said before Judge Edmonds the words used we're
take this girl 10 be my welded wife,. &c as speaking 10
third parties she says the words were, take you
20 be my lawful welded wife," &c la relation 10 d.
Hare had good right, after he had offered his
wife $780, suppose that he clear from her. as Mary
had suppose he divorced Mr.. B. urged upon the
jury that however much they might like that law should
ba In existence 10 punish seduction and adultery still they
must not 50 nure the community and public morals as to
send this case forth as valid marriage.
Mr. Brady spoke about two hours. He was followed Dy
Mt. Cutting. Mr. Whiting viii conclude the summing up
this forenoon.
USIrEp STATES DISTRICT COURT Before Judge Bets
Captain HHisoa. OF the bark Anahasc, was tried On
charge Of leaving Of hs seamen, named Allen Taylor,
in foreign port, (at Rio The penalty is $500. The
Jury found verdict OF guilty
Court OF COMMON Pleas Woodh0Use 4 SBaiih vs.. Wr.
Jones, late Shsrf Action which was tried before when
verdict given fer defendant 20 recover the value q
an Adams printing press levied upon at ihe printing
Office OF MI Douglas at the suit Of Mr.. Pelouze, but
claimed subsequently by defendants already referred to-
Verdict for plaintiffs, s633 a. being $500 and interest
UNITED STATS MARsnAIs osFIcE-A charge of cruel
and unusual punishment was made by John Calvin, a
seaman Il the Toronto against Edward Champion. the
sec md mate, who was arrested and held Tor examination
---
FoREIGS IrEMs.--Forty years ago Enga taxed
day light she TALKS OF taxing "a cents per 1000
feet by which millions Of dollars would be realized
yearly. Mr.. Richard Golden has etlreS from trade.
The Regium Donum paid 10 ass ffrby seria ministers,
chiefly in The North Ireland, amounts 10 $4,000 In
lsa7. Parliament votes the moDey-io some 500 a
year. 70 others $780, The physician who has the best
practice In London stated his yearly earnings a. s60eO0
and taxed accordngyoiheT doctors returned iheI
incomes al $4,000 10 $4,000 year each The emierA-
ton from Germany next year 20 this country VII be in-
The number Of recruits enlisted into the regular
army Of England during the year ST Of April last was
u s6s The LnaeYck ErGnir states that twenty-eighi
wre.ched beings evcied on Friday week nom the
snds Park Money sa by the sao-sherif anc one
handled infantry. thirty horse, and as many police
MURDEK.-W noticed on Tuesday the arrest OF
John Mcclure charged with the brutal assault upon Pat
rick Connolly who has since died. II a cruel blow
that poor Connolly received, with heavy club and re-
suited in dreadful fracture Of the skull One man saw
The blow strsck, but not able 10 fully identify Mcclure
Two men passed him. the shortest OF whom NcGufe-
" no had already beaten two the evening. Ia
hrAw at later hour, Mcclure raised bottle 10 har al
the head OF another exciaimDs, with oath" III
Ak Won out as td the iTishman the dock tonight :"
Connolly was a sober industgousnSn, who has lef, vie
and three young children dependent upon the charities Il
The world t.r their subsistence. Albany Express, 9TH.
Tar SHORTEST PAssAGE-The ship Isaac
Wricht sailed from this port on the morning 10 Dec
and srived At LIVERPOOL Dec IL. making hei passage IN
thirteen DAYS The Acadia steamer len Boston Dee let
snd arrived at Lverp ol Dec 10 50 that tbs passage Of
The Isaac Wright thsa three days shortest 10
point Of time though In respect 70 distance she ha tns
longest passage oy a. least day. The Acadia ca 'ne
Other band had 10 call HALIFAX. Two hunafsd Yeas
ago ship from Boston 20 Liverpool 10 se'sI~eH
days though In general their passages were inne1 onSe
than The winds OF Deceuoer were up 10 any
thlng then. As they are now flour. Of Com.