The New York herald., 1851-12-23

Witness oontnusd-I tcld thk affair to my sister Mary
in is47 in New 0rissns; Devsr tod 20 a;s
only vent in to Il there we're sheets on the bed in
few minutes after asked her II Mr. 0odwin sept IN tas
O-You have mentioned about your first child when
vss that child born
in the same maE he had before requested
Nj OConor remarked that they had 1t on her direct
ana we are entitled to some explanation
Chief Justcs.-Thsre Sss something about the child
being destitute and her wanting Mr. Forrest to apply TO
Mr. OConor esid this witness stated that seeing this
lady and gentleman in the position she described she
cred and he wanted to show that the affair was no cry
Mr. Van Buren submitted that his direct questions did
not ente the examination to this or that II sas
explanation Of the entiIe trapsae tion.
The Chief Justice destood the witness to speak Of
child before her marriage and this question to prove
that she had bad ieeitimate child before her mar
rage He had hesitation in saying, that in inquiries
OF thi. kind questions as to the cnasry oi witness
ought to be Srmitted II he agreed to the views Of Mr.
Van Buren, no party would be free from charges of the
kind testimony that might be procured from every
Mr Van Buren, was satisfied that it was a rule which
this court with its knowledge Of the law, could
force This question not properly matter Of cross
examination IT, however the court decides upon IL, the
ruling he supposed will be understood to apply to wit
Of either He however, submitted that any
thing tending to degrade the witness she was not bound
The Chief Justice did wish take any step in the
that would be likely to embarrsss it. 1t is not
reasonable to conpe the question to general
when q witness may have no character at all He (the
Chief Jusce bad OF in his experience, found cases
where testimony improperly procured. He said so
without meaning cast any rejection this witness
He OF opinion that the examination on this point
may be further gone into He would permit that In
quiry 10 be into. The witness has admitted that
che had child before her msrrisge-there is further
degradation auout It..
Witness continued That child in May 1915;
Can't Howard the father CT that child IN Mr.
Forrest house had intercourse with Capt Howard
had intercourse with any other 10 that house
time he had intercourse with Q-Were you, in that
houee, in the summer Of ls4s in bed with McCsbs the
waiter OF whom you spoke A.-So sir, l was
not. Q.-You never had intercourse with him /!
A-No, sir; he nothing but small dirty boy
daughter l had q fellow servant named Catherine
in the house al that time We're you not charged
with having he'd intercours. with McCabe, in the pre-
sence of Catherine and Mr. Raymond! A Mo, sir,
not. Q-Did you charge this child upon Cap
tain Howard by legal preceding affidavit, Ayes;
IN me Office in the Park here; there officer
named Hopkins with ne when l did so; never saw
McCabe sire left Mr. Forests Did you not after
you made the affidavit ssainst Captain Howard call and
McCHbe and ask him not to that he had any
thing to do with YOU A-Ne sir; l needn't do it, q
dirty boy thai wss-( (Lauehter)
The Chief Justice inquired II Mr. OConor had many
more questions to ask this witness, It four
O'Clock. the hour for aejournng.
Mr.. o Conor said he had some few questions more.
The court was then adjourned to ~ o'clock TUESDAY
ths morning.
The witness Anna Flowers is rather careworn look
ing person somewhat older in appearance than she
really is She ia not handsome, but is intelligent, and
has good cast Of countenance.