The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-01

COMMON PLEAs-IN CHAMBERS.
Before the Hon. Judge DAILY.

corpus before Judge DAILY The case excited an sxtr.
ordinary degree Of interest Is expected to dis
close curious facts which involved not slons tn
liberty and character Of the parties Immediately con-
cerned, but the reputation Of member of the Law
courts, Mr.. r.. Boyd.
Mrs. Topping genteelly dressed and lsdyliks per-
son. accompanied by her two daughters rather inter
estpg young ladies' apparently Of the ages Of II and
10, in chambers during the extraordinary pro-
ceedings. Masy Jane Starr Was also present She
closely yelled, but from an occasional glance, We
should that she does not any very striking
captivating marks Of beauty her features sharp
and she looks exceedingly like one OF the family Of the
Ass9iats: She too was very neatly dressed and
Mrs Starr was represented by Mr.. Justice Drinksr
and NJ A. Philips as COUNSEL and Mr.. McKeon, Dis
trict Attorney, Mr.. James T. Brady, and Mr. McCounn
were counselfo the prosecution. suI
was commended the part of the accused that the
return showed an informal commitment. The infor-
mality was admitted by the counsel for the prose-
cution. who urged that inasnuch the affidavit dis
prisoner should be committed by the Judge for
. hearing.
The Judge held that the commitment wa, irre0ular
but as the affidavit which it was founded showed
that the accused had committed the offence Of obeins
Mr. Topping to convey his property to her By falsely
keepers custody Thsreupon her counsel insisted
that traversing the affidavit, she entitled to
have before Justice Daily the same examination as II
he had been the original committing magistrate.
After argument his Honor decided that thel statute
gave the prisoner that right
Ira Topping who is q well looking man, about fifty
three years OF age, then sworn and examined BY
Mr. APhinips reside at 81 Jane street; am man
Of family which consists Of wife and tive children
am builder; live with my family have resided
with them for the last three years with the exception
of two months during those two months lived in
the Southern county where Mrs. Starts father and
mother we're; is three four weeks since tarni
T. Boyd; he sent me one or two notes, with wrts or
something OF that kind and returned with the de-
Sor and one w. susd by wife for
ment; was arrested on the charge Of abandonment,
and taken before Justice Bleakiey; was taken be-
fore him that charge previous to making my ai-
charge; in the hands of the sheriff when made
the affidavit against NJ RS starr Q.-Had you sworn
to any affidavit charging Mrs. Starr with any offence
before the complaint was made against you by your
wife, A.-No, sir; 1 was discharged from that com
plant the promise that would take care Of my
wife and children. Q-Was 1t not part Of the agree
ment tn st you should make com plant against Mrs
Starr A.-No, sir; 1 was not told by counsel that
should prefer Q complaint against Mrs Starr sent
BY Mr. Boyd to Mr.. McCounn the counsel to get BALL
Mr. McCounn not counsel for any Of my creditors:
called on Mr.. Boyd on my return to this city, and
accompanied him to Mrs Starts house; there was a
ends avorpg to let him the house, Of Jane street;
Joined in the conversation; said IL very handy
writ issued by the creditor was for horses ha pur
chased from him; 1 believe applied to Mrs. Starr,
and said to her, that she knew the circumstances
to get bail for me; distinctly swear that did not
transfer the property tor the purpose Of Mrs Starr
procuring bail for me; was locked up the charge
was arrested but not on the charge of abandonment
then in the hands Of the sheriff. it in August
1877; first Mrs Starr at my house; my wife in
troduced her as Miss Livingston Mrs Starr said she
came to my house to find out aperson named Topping
or TappiDgi she said she was a poor girl from the
country and she hadn't the person for whom she
locking for three years. but that she would know
him; ths sad that she told he lived Abing-
don square; Mrs Topping asked her to stop for the
day on my coming into the room she said was not
the person She looking for, and that she might
she said her brother had worked for the person for
whom she was looking; 1t was In the afternoon she
ed the next day; did not invite her to return; did
not see her when she LETT when she returned the
second time, she remained for one or two nights L
next saw her in about six days inter- In q house In
South Brooklyn; a note came to my house, asking an
interview, and went to her there; the asked
me to call at Waverey House, South Brooklyn never
met her In ON abus previously, that recollect;
vhen the interview took place she told she left
fathers house In consequence of her parents eudea-
voripg TO make he- marry cousin whom she detest-
ed that she was entire stranger In New York, and
the person for whom she was looking to provide
her with boarding house; she said she taken
the house In South Brooklyn by q gentleman named
Carpan that he paid mall bill for her; but she
not willing 10 stay there, as abe had s25 when she
went there, and sbe was robbed Of that and a gold
watch; she said she had no money, and owed three
dollars; handed her three dollars aud she gave 1t
over to the landlord she went away, and with
herr We went to Coney Island In my own vehicle;
made arrangements for her board there, and became
responsible for dollar day, and paid her bill for the
time she remained there; II Eve Elk days; vi
sited her there once; took her away took her to
hotel near the Fulton ferry Brooklyn passed either
her father uncle at Coney leland at her sugges-
ton passed as the tame at BROOKLYN she stopp
at the hotel in Brooklyn about tso wee ks and paid
the bills for her board here; then took her to the
corner q Broomt street aud the Bowery, where she
took the TO go TO her fathers she said che
absent two weeks; next met her at Yonkers, by
agreement. and came TO this sity with her, and
took h again 70 Brooklyn where she remained about
three days paid the bill we then went In pursuit OF
boarding house among her acquaintance saw se-
verA but did not enter them; she went into house
In wooster street; II was then late aud told her
should 90 home took her to the Northern Hotel
where left her and paid board for her for three days
called Gu her the day she went away; took her &c
TO her fathers; met her, her return at the boat
and left her at the Northern Hotel where she remain
ed Tor day aud ahslti passed there either as her
father or uncle; he then won't TO No 90 Sixth avenue
accompanied her there, and engaged board for her
she vent there the lat OF October aud Til
the first or second week in January; I visited her
there every day when she requested me- and sustained
the Sixth avenue In consequences OF dispute be-
tween her and the mistress Of the house Did you
not sist on her leaving because thought she
too intimate with one Of the bosrders A.-No n was
Ia conisqueDce OF the disagreement between ner and
the dady che then vent 10 lodge In Eleventh street
In the same avenue; called there slope about the
lodging. previeusy there no questions asked as
to who the lady vas for whom wanted board; she
maned there till April the board was IS a week; r
save Il TO Mrs starr ana she paid a. o.-What caus-
ed her 60 leave that Alt ~as In consequences of q
complaint sn; 20 my house, that was keeping q
mistrsss; my wifr to the house and hal an in.
terview with the laidlady, and Mrs Starr left under
those circumstance, shs then vent TO the Eighth
avenue, fstnth street. she vent there for the pur-
pose q Keeping house mud there over ten days
she bird the house, aud became security for the
rent-f2t0 year; she didn't remain In IT, and didn't
pay any rent there tor her; tbink heard that my
vie and Mrs. rorteuse he lady with whom Mrs Starr
bad lat lodged had been up Ia IN. Deghborhocd but
don't kno~ that that vas the cause OF hsr leaving
she told me " "rowdics" had been a, the house
annoying her; shs LETT the honse. at night secretly
and unknown 20 me. ard did not her for too OF
three weeks; had note from her from Twenty ixth
street saying she Wished intervis~ with me; IN
that interview she said she wouldn't stay there; paid
Ter her board In rwenyixth street; she vent ain
70 hsr fathera and remained asay four weeks; next
saw Der 10 Greenwich street vent 90 the country &c
sing sing and TO CrOton, where Isaw her mothsr ask
edfor Mary Jane, and said wanted 90 her as had
something OF Importance to com munioae to her the
Tier told me she had lsn that morning Q-Whst in -
ducement had ycu O. 20 10 see her. Don kncw thai
there was anything particular, but that had some
thing TO say TO hers always had somsthing OF import.
ance TO say When cav her Qaurhter)i received O.
letter sterwsrss at my house, aging she wished to
painted him; say her; the said she was siss snc
20 Lnu-a Inn