The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-14
General Sessions.
Before the Recorder, and Aldermen Adams and
DoSainp

MARCIA IA - The counsel for the accused having, on
the prst day OF this trial proposed put svdsnce
the letter which the had Addressed
to Madame BERTHE, throua the dunn Mr.
whiting objected, iussmuch Al that 1t was sesled
Iettrr-i having been delivered to the psrsou 20
whom II sddrssrrd; and that therefore It could
not be received in evidence. The accussd's
ter ded that the mede e It's procurement could
hed to be- valid objection to its being received In ev
dsnce sanst the prosecuting Witness aud for the
Gientwoith and Mitchell There we're matters In the
letter relating to the trial MIR whiting said that the
accused had possessed him ELF Of the letter In surrsp
ttious and that the cases cited by tho other
side were not snSlogou.. a those cases not letter
had been producsi which had not been delivered
to the persops to HON they had baen addressed II
he ~rots q libel aud put IL in his gsoa hole, aid
the officers OF justice and take hat for tbs pur
pose of u'ng 1t in evidences agsiast him' Or if ne
committed forgery, could the forged iRstrunsnt NJ
ueed sgatnst him " IL had not left his posessou MOI
he must pubish the libel aod litter the forgery before
they could be given in evidence against him 1.-THE
accused had given that letter 60 his counsel reasd,
could he have opened It! No. II no had presented It
to tie court could It have broken the SEA! No; 1t
would order the lady t. whom H. III been sddce sed
t. be sentfor He contend-d ttat tbs latter in Quss
ton was still sealed letter. and thsre could not
be unlimited to the jury
His Honor ruled aat those points which sal TO
have reference OF d-lica tn pers
should not be read but that the udsr of t mig
be- ltwas addressed to Madam. g. rite, md sppear,d
to be an explanation of the prosecuting wt0oss to
his mitfortune' In trade and rs to tho OF his
Yesterday morning, MIR Graham said he considered
that the letter was An mpor ant aud that Ne must
lns1et upon tnelr giving evidence. He did
not wish to prejudice tho rights t. I'D thu feel
ngs OF any other party but che letter initial to
the care OF his chez He the learned asel
tirely dssvowed the use Off except for psrfscsy
ultimate purpote.
The Court ruled that tho,e portion, Of tho letter
which bore upon the case lad already been read sad
that the whoe of It WAS not necessary.
The GROSS examination Of Mr. Afoer was then
sumed by Mr.. Graham. H. had never offered money
to Mr.. Rosenthan TO become witness for him; had
told him that he in passion for los ng the
letter that IL not the 81 no cared for that
language to him in his life; could exactly gay
much money he had taken with him to Chicago;
thought it was over $4,000; could not say II I. WAS
$500; could not say how much he had brought back
with him from Chicago
MANY BERTHE was the next witne She knsws
MIR Afner; rscosoted when he loft the city; IL was
about May, but could not be particular; knows the
secured by sight he called At her house after Mr.
Afner left. and inquired where he lived; she told
him che did not knOw; he told her he had letter for
her. witness asked him 10 give IL to herr but hs said
bs bad no, brought it with him, and that h. would
house, this conversation took place about the 4th Of
July; shortly after, the same ming hs (the
cus.dl returned to the house and spoogz-d for the
mistake he had made he hal letter for her. he said
be was Mr.. lssner's Intimate fread (this WAS tho
name which the accused had given Mr. >fnsr In ordsr
to enable him to eude hts creditors his cousin and
that he would not have missed seeing him for $500;
and II he had letters Of great importance for him
from Europe; at the same time he produced wstcs,
which he raid had belonged to Nc Isener who
had exchanged 1t with him for larger one; he then
expressed hs regret that ne had not been able al
ing for him. be then We ut away, that all the 90
veisstioB she had bad with him.
Cross eramined.-Last Ju'y, tho conversatiou took
place; had not seen Chomder before; d,t not know
bis name at that time; did not know where he lived
the first conversation occurred at tho hail door the
door was open. and witness aud he stood the second
time Chomder came, witness saw him ascending the
steps and she went to open the door; vtsd u
into the psrior; he sat do and Ia co nver
ration about quarter of hour; no did tell her
his name; the children passing cut durin
the conversation; witnes did not ask him his name;
tall I'm hat fnur In a.
Amer for the first time when he to reside her
house. The witness was asked hew he had come to
reside at her house She told the learned couns, to
AK rim She could not tell that: he came to her
house In about ten days after his arrival the oty
from London; had not known him prior; bad ooms to
her ~ stranger did not keep boardsrs; had never
met bin before hs had applied 10 her for b,srd had
advertised in the morning Courier for boardrs thsre
were two other gentlemen boarding at her house ct
The same time with Mr.. Afner who had ooc upied
rooM Tor ciaht months Il wa. to her that Mr. Afner
bso applied for board when he called ut her hon,s.
for the first four months he did not eat at her table,
has been married sixteen year,; has been masred
lore to MIR Miner she lived in Philsds phis with her
before her marriage; when Mr.. Amer cams to board
he the name Of Hsner had not ned that that
was not his real name until altar his troubles with
Ctomder; bad told her that be could give her
reference wbe he applied for board she did
hin about bis meADs; had trusted to his homes.
,sptstion to her about his properly. or =. to il.
vshe; had never asked him any questions Wh.n the
vtne" was asked what reason Mr. Amer had assg ned
for leaving her boufe, che told the learned
ask b'm had ssen him IN Canal street was friendly
terms With him Is an acqusintance had had cause
to change her good epinion of hip whenever no met
her in with her hu, he Joined them: he
did not DOW visit her houts he did ooms;
sf'r no bad fallen from horse she cslcd upon hi Ia
Canal street perhaps twice; had never seen him any
Were ellie except at her house, and at his lodgings,
wien he was Ill.
DAVID WALisrrNE was the next witness His s,i.
dsIcs vent TO sbow that Mr.. Amer had sold him $50
eieDs for which hs tbe witnss) had given Ams
r'csn bark bills witness 10 merchant and resides in
Rasx afraEf nnh tar a..
be bad been to Vienna three since he had bseu
in this country; he had never heard Of Mr. Amer in
got the money; had told Amer that he had come
from Vienna, whore he (witness) had resided but
for long time together witness knew that Mr. Amer
bad the money, from tho fact Of his (tos witness)
having spoken Of sovereign; witness had told him
that be would take thousAnd; Mr. Afner replied that
he could let him have $50.
Mr. GRAHAM then rose to address the court He
contepdrd that the proofs not sufficient
the indie meht: and secondly, that tbs pretsncss
alleged were not the subject OF indictment Even
IL the charges against the accused trus Mr.. Az
had NO other than civil RICH Of
him No prosecution OF this su,t c.uld b. sustained,
" ordinary caution could have guarded the complain
ing party sgs'nst the injury complained Of The
learned council was Of opinion that such caution
bad OF been used He cited some authorities among
which that Of the People Williams, Hill, page
O. The learned gentleman with Dis usual roqlsn,s
and powers Of augmentation, argued the above
TONED objections,
The Court ruied against him It va suii ,isnt that
an indct me mt be substantially proved rney we're
nOt DOunu 10 prove every WOfu OI -
nary csution DOT having been observed by the
eutt Witness there grou tor saying that he
bad not observed It. because he had baeu advised to
conceal himself to shut bimsef uo and therefore IL
be bad gone abroad to make inquiries to whsther his
credit had from Europe not to ascertain
whether what the occurred had told him correct
not, he would have done that which he hid been in
,truct@d. as matter Of prudence, not Ia 90.
II beirg after three O'Clock, the Court was sd-
journed until ii O'Clock. this dAv
Circuit Court.
Before Judge Ed yards.
MARCH IS ROBERT Duntap Us Hilbert WoodhnU aud
Charles Mirfwn This wac scion TO resover
ISL for ton dsys eemurra9e The plaintiff xlieg.