The New York herald., 1851-12-23

In ons Of them. forget In which
Mr.. 0Conor then reed tns letter NO L.
mol
Dare Mrs Florrist have just arrived from New Or
BODY else am going Brookling tAs morning. but
vul be half past s. this afternoon de- pleas
mi .ss ysa
Wilson's whosel Pleas send answers y the Ss5sr
o,r.o,,a Mr FORREST sixteenth Asna ssrsst phAfShi
ar. oConor to witness Are you certain that tne
writing In the second letter Is not yours Al looks
like it, bat certain it is not mine it's very mnen
like the outside am not sure the inside is nins
MIR. Van Brren submitted that there was nothing N
the testimony Of the witness TO show tsst sns MI
Ing to testify TO these notes She said st Unce,
the first letter shown her, it was hers Tns sevon
tstter he maintained Was not proven anu - A'sSA
NJ O,Gonor nontsnd.d that it was admissible.
The Ohie Justice said the question Is whshsr there
proof enough 70 submit it to the jury think there is
sbundane. and there is in any further discus
sion when counsel come to addre,s the jury they can
eatisfy them that il is or Is not evidence
Mr. 0'Couor then read the letter.
LETTER, NO. z.
Mrs Eorrist yeu for writing TO you
Cften but the resons h that did not want Anbody to
see me Isee they have q notice in the papers If you
don't It want to please send me word ANNA the
place ie private and am lons"
In this letter enclosed advertisement cut from
the RsRAlp. which was ss follows -
kor,en-n Mrs Anna Flowers, OF New Orleans, for
merry Mis Dempsey who is supposed to be now in this
city vicinity, will call Tor send word where she
may be SEEM Ut the Office Of Theodore seigwick Esq
90 Wal street. she may hear OF somethng to her advan
tsge"
name Mrs Flowers) at the Irving House; it was
think the day before Christmas day 1874 that Mr. and
Mrs Forrest went to England; did not Mrs. For
rest again until ls4S when saw her in New Orleans
stayed with her at the St Charles Hotel, about three
hours the hrst time. and about hour and half on
the second occasion. before this night that Capt
howard stayed, when Mr. Goodwin there, where had
you slept? Al slept up stairs the gsrret floor
rlept with Mrs Forrest before Q.-How did you
happen to sleep with her that night! A.-Ar Forrest
and her two srters were away; don't know OF any
other reason; supposed that the reason because
she was alone she asked me to sleep with her can't
tell what time; Mrs. Forrest had always treated me
with very great kindness. Q-You say she told you
ehe had not treated you as that true that
che had not treated you a servant, A.-Yes, sir
was then fifteen years Of age 1 twenty three
had lived with Mrs Moore before that; with her
four months; her husband is dry goods merchant BE-.
fore that lived at home with mother and wa, sick
long time lived before that with Mrs Russell; her
husbsnd lived at New Orleans and she and boarded at
hotel in New York; don't know whore il was;
think was year and half with her; there was about
q year between my service with Mrs. Moore and Mrs
RUSSELL was at home with mother, and went to school
for long time; At service with Mrs Hart besor.
went to Mrs RUSSELL think it was in Waveriy place;
the hrst service at; was at service with
any after Mrs Hart, before went Co Mrs. Russell
Q-Did you ever live with Dr. Lee in Hudson ST. A.
lived with q doctor but can't tel where II after
left the doctors vent 20 the House OF Refuge
there year Q-Who made complaint against you
and had you put in Any mother; was not sent
from the House Of Refuge the service OF Mr. Richard
son, New Canaan, in Connecticut; was sent to Mrs
Russell by the Of Dempsey in the House
OF Refuge; left Mrs Russell because sns was going to
New Orrsns, do not remember NJ. Terry the princi
pal Of the House of Refuge but remember Miss Taylor
4 do not remember being examined there heard my
mother say was nine years old when went to the
House Of Refuge Shortly before going to the House
of Refuge, did you steal anything
Mr. Van Buren-wnl the Court be good enough 10 in.
form the witrss her rights with regard TO answering
Chief Justice-what are those rights
Mr. 0Conor contended that the witness had 10 privi
iege or rights unless the answer would subject her to
criminal prosecution The question Is: whether Wit
may be shown TO be infamous without subjecting
her to Q criminal prosecution.
Chief Justice-Mr Van buren, ssks me 70 instruct the
witness 10 her rights.
Mr. Van Buren-That's what simply ask
Mr.. oConor contsnded that the question sdmissi
BILE They meant to show that the witress not Is
years OF sbe states when she went to live at Mrs
FORESTS but then IS, and that she began
OF vice and crime at very early age.
Mr.. Van Buren proposed TO submit any rule of law
rule Of decepcy but he considered be would be
occupies he did not protect the vitaese and ask the
Cour to inform her Of her rights Here woman away
froa her home The mother Of three children ami the
wife respectable husband and could not be denied
that shs "a not obliged to question 1t will sub
Ject her TO pfsmy degradation she has right II she
chooses 10 dec line answering he therefore asked tn.
Court instruct the that she may decline to
answer II, or that II she does H. she has right
TO make any explanation she pesses.
Mr. OConcr said that he would he question
OF the gent' mans claims 10 gaiantry, over nis (hr
oconoI ~ prst nsions and he would simply say that
there doubt in the mind u any Judge that
witness was bound to answer any question that ould
msks himself infamous If IL relevant to the main
ihe vii Eess is not bound to answer The weight Of
and authority 70 be in favor OF the right Of
the witness to be had objection TO the Wit
making any explanation after she had given the an
ever.
The Chief Justice said that he considered II very well
settled rule Of evidence that the witness s not pri
vlrged TO exempt hersef from relevant question
that tends TO degrade her Il did not teLd 10 subject
her to criminal prosecution II has undoubtedly been
matter OF tspste Questions Of that kind may b d.
vded into two classesfr. the commission OF felony
and secondly degraded class Of life II did not tend
TO subject her TO . criminal prosecution.
Mr. oCseor-The Whole subject IL examined in .
opinion of thirty pages BY Governor Marcy when
he va Juee- on matters which are r-evan, 70 the issue
and In relation 20 those which criminal He (Mr
orc read case from WendAl which states that when
the snr~er oil subject witness 70 chArg. Of insxmy
ee y net busi to sns.eri" eu; that, continued Mr.
Mr.. Van Bls-n-b nc, ~hA, Jou mean, to read
(LAD<hsst)
He then citsd tie q tue sbducton os Morgan In
which ths Court aid thA, the witness (Danies) was
bound 10 ans~sr he question unless IL would have cri
minated himssf but the Court also said that the sbduc
ton Of Morgan might turn out 20 BE- crime Of murder
sv~r. H. referred 70 ether In Wendell and also
TO starkie and Phillips.
Mr.. Van Buren, IN reply, said ths, counsel feeling
cite quite Ia favor Of the objection Of defend
ants eoupsel IL twS material 20 them that the qa-s-
tion should BE- settled some way By the Court hs
<Mr yso Brn may hav. In the course Of this
week 60 sk Of the witnesses who Be brouxbt
forward by the other side question. whch they NAV
Court 10 ssy 70 this vtnese that she give full
count o. the Transaction that chooee she may
decline sLsvering IL altogether
Mr. o'Coaor aid be would take up another branch
Of The exfmnaton in order 70 give the Court oppor-
tunity Of turning the question in his mind and deciding
10 10 p0sfow.
Mr.. Yea Buren referred the Court 70 the People
sssiD-t Hsrrick 10 johnson, psg. So
Gross exs0iDation Of the witness continued when
the waiter engaged In his business I would 20 to
the door his name Barney hcCab-, went 70 the
door WHEN v- felt inclined 70 go don't know whether
m q he do nd hen
the vsit-r there and not engaged; Capt. Howard
vss In the practice Of sleeping at Mr. FORESTS; have
known him 10 sleep there when Mr. Forrest at
home ON Oih.r occasions besides that night cant say
bow ofsu. knew him g. sleep thor. very ten when
Nj fotrest va st home 30 remember his sleeping
there two % three nights immadiats, before Mr. and
mrs fOfrst Sent 90 Europe but isbsr hm sleep
ing thrte, don't know of Mr Parke Goodwin sleeping
thtre on euy other cccadon did not hi at break
last nex rornpg Il part 81 August or hrs, Of
septembfr. ~ vent 70 bed about n O'Clock I have