The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-02
TWO CENTS.


ness herself has had number Of children this child
not alive did not take particular notice II Il was
formed; cannot tell how witness disposed Of it The
questioned on this point) This about lat of June:
Mr.. Walker had not begun to sleep there the tme
witness cannot say he knew of this sickness and de-
livery he was then out of town and left her sick with
severe cold; at that time he had not told witness
that Mrs. w. was his wife; witness did not know
then from any body that they man and wife; he
absent nearly n week; Mrs Walker next came to
board with witness about July August, ls4s
ton avenue else boarded with witness
Mr.. Walker did not tell witness what ample he
had written to Mrs Walker to to witnesses house,
but she met him at witnesses house; before
the interview spoken Of Mrs w did to meet Mr..
Walker this last winter before the interviews witness
has Mrs Walker write but not fifty times; has
knowledge of her handwriting whatever has written to
her and received letters from her note of deceased
here read, the handwriting Of which was admitted.
The note Of Mrs Walker follows =" Deer 18th,
received your note of Dec. 18th. will see you at Mrs
Days if you desire it, at IL or IL o'clock NJ. f.. W."
TO Thos A. Walker" Witness knows nothing Of
this appointment; she only remembers that Mrs.
Walker came and waited to see him. but he came
that might have been in Dccember at the interview in
with Walker, before Mrs W. tapped at the door; wit
ness did not propose to him to her nothing
said between them about their meeting; II he had not
asked for her he might have gone away he came h.
delighted t. her. his eye the door Of thu
room where she was all the while.
Direct examination resumed Witness was born AMI
brought up in New York. has three children living
MIR. Walkers return to the city after his wfe's sick
witness told him of it; she told him his wife
very i'll indeed also the nature of her sickness he went
int her bed to her where he had never been be
fore and spoke very aectionaely her; he did not
stay there tina. night she had been very i'll indeed it
perhaps the week when she was mending, though
feeble that he first to the house to sleeps he
very attentive indeed very he called there during
her sickness to her, sometimes twice day; they
afterwards lived as man and wife together till they
went away to st. Louis he never talked to witness
about going to st Louis. The witness was then per-
mitted to withdraw.
FANNY Louisa Mick was then called and sworn. Wit
is niece Of Mrs Hills; resides with that lady in
Greenwich street; has resided with her two three
years. knew Mrs Walker; has also prisoner first
raw Mrs. Walker the second week after she came to-
Mrs Days in 1916; the third week after Mrs Walker
came there, him, but did not him often; they
lived there till the fall recollects their meeting there
at the time Mrs Daily, the former witness, spoke Of
last winter Mrs. Walker first, and very shortly
after Mr. Walker came witness heard nothing Of what
passed between them; she lived a different floor;
witness heard some remarks about divorce, between
Mr.. Walker and Mrs Daily, in the front paror Walker
said IL would like to have divorce from Mrs Walker
i would not have my intended bride annoyed by any
thing between Mrs Walker and me;r this in the
back paror; witness stood in the hall and heard it,
listening to the conversation by request Of witnesses
aunt, Mrs. DAILY.
JOHN F. HOLMAN was next called and sworn-Wit-
ness lives about two miles north of Peeksk at Cort-
land; has lived there ten or twelve years; formerly
lived on Croon river; owned mill there; wife, two
daughters and son. constitute witnesses family lived
where now in 1S4G-same family; knew Mrs. Walker
during the time she with Witness she boarded at
wtnesss house; Walker first, aud engaged board
for self and Mrs Walkers this about three years
ago; thinks 1t was in April early In the spring; they
boarded with witness about three weeks; they lived
together u man and wife
Cross-eramiaed WITNESSES house Ia out OF the town,
in quiet retired place. the nearest house Is three or
four hundred feet distant.
IA ring was here produced taken from finger Of de-
ceased by the of the city, after her DEATH ad
mitted us being the identical ring
Counsel for prisoner objected t. this witness The
Attorney General had intended to produce the writing
OF the ring cirsumsantia evidence Of MARRIAGE but
the man who engraved the writing could not be pro-
duced, the ring was Withdrawn.
The prosecution here rested and proposed to call
mere witnesses.
At this stage of the trial prisoners counsel, Mr..
OConor, moved the court to strike out from the
cord OF the evidence taken hitherto in tns case the
record from the State Of Connecticut of the divorce Of
Charles F. Miller and Mrs Martha Miller his wife,
the ground that the record in its present state was
imperfect, as not containing the answer plea Of
Charles F. Miller.
The Attorney General, Mr. JonpAv, commended that
the record of the decree Of divorce from competent
Jurisdiction good record and that ii did not require
that all the peadings aud answers, and replicatons,
and evidence, &c, &C., &c, should accompany the
record Of decree of divorce order make it perfect
II the jurisdiction estabished the decree of divorce
is perfect and sufficient record
n6Mr. O'CoSoR for the prisoner, replied.
Judge HuRLDUT decided against the notion on the
ground that the paper aked to be withdrawn did not
puport to be record Of legal common law proceedings
1t simple act OF the legislature of the State Of
Connecticut, and legislative act 1t admissible,
far the act was valid but that question did not arise
now though 1t was the Judges opinion that the legal
effect of the act was null.
legal discussion hereupon the validity Of
the act which left the question as before.
Mr. O'CoNoR then began his speech, enforcing the
Innocence Of the prisoner the injustice Of calling him
prisoner and the cruel persecution he has received
from the public press The State rested but it had
right to rest Mr. O'C.s motion wasgoing to be- that
the State should produce the evidence and Witnesses
viz Mrs Hill and MIR Samuel L. Southard which the
Coroner's verdict had been given and the judgment
found Mr. OConOr insisted that without these wit
the State had right to rest Mr.. orc. con-
tended that the English rule of law that the prese
cution was obliged to call and examine all the witness
examined before the Grand Jury The learned
counsel went into the which appeared to him to
show that the State obliged to call all the witness
es concerned in the case.
The Court then adjourned the argument still pend
ing