The New York herald., 1851-12-24

Superior Court.
Before Chief Justice Oakley,

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superfes Court.
Before Chief Justice Oakley
". yoRaEsr d. roAlEsr.
sEvETnH DAY.
prc Z.-rhis case wss resumed this morning The
respective parties in attendance early and the court
.. usual densely tarOnsed MIS- N. p. Willis sceomPA-
ANNA FLOWERS cnoss-ExAsnsArlos aEsuMED.
Anna before going 70 Mn IL besS%sn
street; lived in Grand street; never tod nay
brother John that lived in Grand street stsr came
out Of the House Of Refuge tod you Wnere ana
Mr.. oConOr~T do not propose sir, TO pursue this
Gross examination further than 10 put those quesuons
QPreviousy TO going to the House of Refuge did you
not gteal money, and also steal watch!
MI Van Buren would merely repeat the desire that
he expressed yesterday that this witness be instructed
that she may or may not answer the question and she
does answer II she is entitled TO make explanation OF
the circumstances.
Chief Justice asked the counsel they had anything
farther 20 say on the question.
Mt Van Buren had referred the Court to several
suthories yesterday and he had Of them In Court
new He again contended that the witness was not
tcund to answer the question, except it was accom-
pAniea by explanation.
not desrous Of pressing any question that he did
deem according TO law lest they might have some
dicul.y hereafter 1t matter fer the sound dis
erstion judge for in fact strict question Of law
soes not present itself in the matter.
Mr. Van Buren, said that the Instructions which he
had asked the Court TO give the witness were in con-
ormity with his idea Of the uniform practice Of courts
justice He sgain referred to tho opinion Of Judge
Marcy which states that winsss is not bound to answer
The Chief Justice gave his decision and told the
the counsel for defendant asked
ThChief Justice said that the propresy Of the Court
making the suggestion to the witness which the counsel
requires depends essentially upon the fact whether the
put He dd not find it anywhere stated that court is
bound to make any such suggestions AS respects tnis
whole question he had bestowed some reflection omit
-he rule laid down in the marginal 4th Wendell he
understood to be- that winets not bound to answer
any question which tends to degrade him. That Ger
tainiy is not law 1t however sometimes happens that
through csreessness nattenon on the part OF re-
po,ters, q mistake Of that kind might be made He
found that there privilege the part OF Wit
Ies s.sn events the privilege Of very narrow kind
Here question is proposed as to character and no mat
ter What her answer would not render her inconpe
witness though it might affect her credit with
the jury If the witness confess the fact she could not
De she chsse avail herself Of the statute
Of limitation But she would be subject to the incon-
venience Of prosecution Where the question arises
collateral che cannot be bound to answer He was OF
opinion that this question the witness could not be
cserced to answer She therefore may or may not do
go and he would say to her The Chief Justice then
asked the question whether you stole money and
watch You at liberty to answer that question or
yea can accompany i. with any explanation you may
wish to give. Do you understand me-"
The question was repeated. Ayes Q-From whom
did you steal the money Al did not steal it, it was
landed 70 me BY servant in the house DO net know
who<e it Was; believe it at the Doctors; don't
know how much it was it was all handed to me in one
frndle by the cook.
TO The Chief Justice-Mopey and watch al to-
se;her
To Mr. oConor-I don't know the cooks name;
think she white woman it early in the morn.
irg can't say it was found on me- had It about M
teen minutes could not ray who took 1t out OF my
Asnds; my mother came in and told her about It, and
81 the same time the Doctor came down stairs looking
Scr those things told him the girl handed them 10 me-
dent know whether he took them away, o. laid them
down the there at the time; ene was pus in
he Hcuse Of Refuge week after me; she was
18f~l of AGE:
shs. same morning. was taken rgnt on 70 5Ae bosro
ingtebool," by which mean the House OF Refuge my
crt on the roSf Of the Doctors house, and pass to
ne.shbor'. housei Al did not; am not such good
climber; was handed the watch and money together,
relieve; didn't open the bundle; NJ mother opened 1t;
j never laid my eyes ON its contents Q.-Do you
nean 70 cay you we're onE nine years 81 age "nsn
age trt puttwo On three ears to II when went
there was afraid would not get out soon enough;
vss 20 smell that could not wash a. and e or dress myself
bern in 1871 don't know a what period OF the year.
the person 70 whom told my age a. the House Of Be
frge wrote down Q-Did he ask you any other que-
;jops' Al don't remember he did, he got an an
river; don't know who the gentleman was; think ne
sone one in the House Of Refuge that you out
tie roof Of the Doctors house, and into neishoor
A-N,yer recolleSt being IN an empty noase sNh
Mr. o'Conor-rbst s all.
Mr. Van Buren-Have you anything ese TO cay! A
BE hse NO charges against me; have been abused Al
ay E.. and never had justice done me; when the girl
LANDED the money che told TO bold it for her as
,te vas preparing 10 go from the house; my mother
came in and / told her, ou. don't know whether i
tbov her the bur die; raid 10 my mother, here
ensthirg that Martha has given me wss taking 70
terdsy that when Mrs Forrest trst came into my room
abe undresssd and came into bed was mifunderstood
ny connection with Capt Howard three days After
the circumstance described between Mrs Forrest and
Capt Howard Mrs. Forrest went TO Philadelphia TO MI
house also but they were not in when it occurred Mrs
Forrest told me was 10 stay st home that night and
mind he house and hat barney ana Ts.nsfns ~ .s -
next day; Capt Howard came that evening 1 let him
IN; he ssked who was in, and raid no one bat my.ef
when the door shut he caught hold Of me- when the
bell rung, opened the door the chain was on IL;
tod him there one in the house but me- and he
needn't want to come iD he said. "you know that
want little brandy and vater; let him IN and gavsn
20 him he caught hold Of me- and told him 20 Iet me
he aid no. that Mrs. Forret thought great deal Of
him; said dare ssy abe did but that IL Mr. Forrest
deal Of him be .sld be would never know IT, unless
70 tell him witness then described the assault committed
her by Captain Howard and her resistance He visited
the hcuse the nslt evening sso and the same thing o
cured did not resist him the second night because be
made me great many psemses ne hrst night A sod
ale vent 70 Europe, (lss4 Q-Do you know II, when
Mrs Forrest returned from PhilAd lphia she knew you
had eee Captain Howardl A-fee, cir, vent up with
ber and when che taking of her things, she said
All, Miss Anna, you have had Captain Howard here
nv sppesrance 70 shov that was in the family way
before Mrs Forrest vest 20 Europe.
To the Chief Justice-The transaction between me
and Captain Howard, vas the 1st Of september.
To Mr. Van Burep-r told Mrs Forrest what had oc-
CURED. and she ansvered, Oh, Anna it's too bad q
young girl Ike you will give him . good scoldnz -
this did sleep with Mrs Forrest; Mr. Forrest
home after this made known TO Mrs. Forrest
hy me; Capt. Howard there that night; am not
able say that Capt Howard visited Mrs Forrest ex-
sept presence Of Mr. Forrest, after told her. he vi
ted the house frequently after Mrs Forrest left for Eu
rope did nothing At all while they were sway did
make Mr. Forrest acquainted with the fact about
Capt Howard and myself; Mrs Forrest tod me not 70
rest did no. know in the family way had no cor
repondenee vth Mrs Forrest While she was away never
wrce 70 her; coir..ponded With her sister Margaret
Q.-Bid you hear from Mrs Forre,t through her
QDeytion not admitted
witness sntir ued-f was confined In Connecticut
lNorvocd), on 25th Of May
o.--After Mrs Porrss. went away, how you pro
vioed fcr'
Mr. O'Ccuor objected