New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-17

4 srl named Ann Flower y h.a he ayers Will prove
Assoths osrsss against Mr y IL =, pToSs>ls he -n
20, tal! Gery hem be saysin ms aas~s he deais. ha
r secs sisted b. has FULLY trsiee The csarses
sgaBst hnse,f The saes,oa Tor the Juy prnssey. vii
he whether Ms sinuocsng 20 b sassst q
tam he suR Mr. has prosecuted charge, bsfSrs the
Legislature q Pennsyi,sns without op2oas tsst msas.
and sed he showed all that stated here eIcspt Ass
FlewtTs no lived at time nj AT rs house. asa
servant .entto New OIeins. e.ms bach. ~.s eossts1
with the counsel and then she atyer,isea for
ihsy did not know she wss IN Ns~-Yerk sac ssss
went away ard COMMISSIONS were sposst VIA
Tins Arm Fle~srs when aoou, IS, vas eome:'c :. he
house o. Nr. Forrest she became eacisn'e asa sesss
and she New Orleans leaving her ehid here snd
hiss since become manned. The testimony OF = ssHN
WHOM Mr. leading e.. and sss j.ss
gone California another Of the witnesses 30 es
brought sgalnst Ns As % ANA Flo~e>, ~ eery
as fen she con need her career helped hsrssif -
some thu tina, dd bsong her and sen. to
PRISON. The same WITNESSES iron the ktchen Who wer
sssp There were newspapers m the interest Of Mr. y.
and eHer Was seen written by lhs eds, OF ,ss pspss
editor 81 another New Orleans Sansg that Jamlsos
playing Now Orleans that M' Forrest is auous 90
gets divorce frym MS wife. aud y wiling e. give hell
that he worth 60 effect H. and suggested the pro-
pncy If gettrg Jamsoa drunk snd induce him 70
male admissions as 70 Improperly with Mrs forr-stl
Mr. OC said fthrs letter could he brought home TO MI
knowlsdge the character Of the testimony TO se sa
SHRINK frcm the estgaton and the Jury wn ns ~
the Gloss have sdoubt Of her lnnocehce lie ssid a, tie
any charges sesrst her and he does Believe them
himself Dir oC. called upon he Jury fairy Aad imp1
usly 60 weigh the case, thereevs snosaf
md sufs, ns woman. that woman Is Mrs Forrest
MIR. O'Conor SAID he would first call scms west
chester witnesses. lie read some sdmss,sa, Of o.sa-
sci as 60 the time OF the marriage Of Mr. AVID Mrs n
I0ndOn IN June 1897. their settling IN New York IN is.
and Mrs taxing prsPa aory measures, In presence q
Mr. y, IN lGl,. to become cstizea.
Hmm ". BaSkJord called by Mr. O'Concr and sworn
Am Towu. Cerk OF Yonkers know Mr. Forrest kuew he
has house aad place In that town think as saw hin
town. wh,ch found in The dice has the name Of Rd~s
Forrest t3th nsmel as voting.
BY IheIeque.t of the Judge Mr. oC said :" the amA
the bi'l lied NJ b. Claimed 10 be citreae Penn-
sylvsns and by construction Of law tia state As he
and she had right bring bill. aud IL ne
cosssy show his residence here Another issue
S Sos ias1 ws' S s s sdp ,ae %
here. Fifthly Il plaintiff Mrs y has committed sist-
tery. and others rs 20 rosideace.
MIR: o'C. alto read from the list Of voters the name
OF Caleb Van rssseL
the castle suppose Sur the large house do net tAiuA
be occupied Il was never entirely flushed that
know Of or occupied by any one l saw MIR. y abs0e
month at the DEPOT station do know OF place
he occupied when DC has esea sspi there eve, n,sm
list would show whether he had been challenged OF nes
noi I M the sS V.ss Of Pol b.os
m November. 1870, and also voted mysef kso~ d~ia
cct when last HIM At lonksrs hss ABOUT tive ma
C,oss-erar,ned- He was not challenged
Matthias Wdrnr sworn- Reside at town OF fonsesvi@..
lid District Keep store the election Of 1919 Was nsn
place he owns there ~ large stone building, Of an
SsT, s,ce ons' 90 the premises he farm house I've
stories heh believe Mr Hobbs Mr. va gardiner resides
u Cross eraSatd"BS not S taSS how large fs%ay N,
Hobbs has. he has wife and several children; Dc aS
there sbout syeN age. and undsrs,oOd g was not
td'c.a Forrest called BY M o'C.. and swofn
q MIR y, you are the defendant In this case
q. Did yOukno~ Josephine Clifton formerly Of New
Mir Van Burea said ho objected this ss fprssssA-
ms The answering Of the mere question allowed.
9. I she living
O. How long since hor death
\. don't know.
z. Is itwo or three years
4. don'atknow
Q Ish,wo or three years STAGE she died.
q You have syowsd she is no, living how isns snss
YOU heard Of her death
Q. Canyon not .n, that you heard Of her death -~s
than two years ago
g. Did YOU go from the City Of New-Yo'k to New-or-
leans in Ieis'
Y VAST m the spring Of thatsear that you WON'T
4 think It was IA the winter. when ! started 10 60
a. That rs In the month Of January or FebruaU
Had You pr,viou,, heard of the death of Josephine
O lad YOU performed as an actor in the sans pieces
with her
Q Had you frequently Travelled on loas journeys wnA
l. Ihsdnequenily travelled with her. bu, ls.s
q. When did you become acquainted with her
4. car n0ttel
A cannot say am frequently introduced 10 perssas
without recoIecips the time; think was, but am as<
positive TAINTED with hsr before ~
mausse; suppose you wish mo to ssy Whist know.
T. Had you. SINCE yogr marriage WITH Mrs y. seHsA
Objected TO by Dir Van Barren Improper IL objected
to- the answer may tend 10 reject upon his chsrsctsv
ard counsel has right 90 ask such question Mr..
OCoCor sad ii The Court wished tohsar hir. ne thought
he would show 1t WAS proper Mr. D., he sad Was ecssd
80 be ought to bs made to The pisas,d
under cath ais admission here 6es-
1873 and Isl OF the code point ont the course OF plesdngs
Even # Mwms msdemoanorths party mus. .n:ssr, sss
not obliged 20 do IN feOnes The Mswerto the cor
INT eVasive merely denying time aad place Mr. orc.
also ened TO sections 800 aud sh vhere Il Is shown
other witness As 70 the pom, taken BY counsel that We
may tend to degrade the witness there dsc'
that where question ia material and relevant to the
ISSUE the this account, can AVOID xnswsnssr
70 ut OLly Dir O'C. made other remarks
Mr.. Van Buren, ssd the objection was that 40 MAJ css
be called asa witle's on behalf Of Or agsIns, t' vile
Mr. orc. said the law aso prohbtss VIE bnsgnss
her name. general cases but allows tie case
Of divorce In The case q Lord Andey N E.rssS 20,
tfat tie tssiimon, Of the wife could he gwen wnc.
question il Of divorce - not procsedins tie
wife husband 10 ylndcste themselves hos pesonai
wrong sES ther.for. IN. testimony ADMISSIBLE rhsrs
was case before judge ogden Ed~a,ds 10 the old Circuit
Coeri, who're IN order 70 vindicse hes owe seess
There 1hich the rule commended fS eess
NOT apply -.
bIr Van Buren, ssd the impua,ion az 10 JoseDhissC.
has already been denied aei emily under oath, - the
Di' aGIngs, form that ~ burcisnI Asp nusoeae o.
wife The ls~ allows y1s 20 sue IA beJ own name, nst
change the rule and the decisions Say ne
code does not change The rule) By Which = nusesss
wife cannot testify for sfGnst the hnsDano--
public policy shows the soundness Of the rule where
kUs and commits a personal nluV Against via, tAs
latter Ard properly 40, Admitted a. witness (Gtses-
ehf 3iG 6gAhs, her husband bat case soch ~ thus
husband ans s Husband cAanos be called as vitnsss
ioT or agaiGs. each Oihef
judge Oal.y sad this Court has decided that hus-
band OF wife cluo, be called 10 testify fos against s~eh
other IL. decision wll be 0uad IN Ssndfofds hsposts
Mr. NAz b. Eced the question ought not TO be az
sweTsd.
The Cour, sa the pom. 70 give evidence N favor Of hs
wife ~ sdpiEg TACT ~sch would enttis Mrs " -
yOrce q xeaeszl rule, has been neld tine ous %
nd that a husband wife car not be called Ihe ose
upon the ground that The Lac Val not pesa"
D<caus~ Il wonld destroy confdeace bss~sea maA sao
xiis and b. domestic brss bat shere arc ehcsp"as
itpssd her, 70 Is FOR personal wrong sns wlsnPs -
tks H. tina; IA proceedings Of ~sony u must apply here