New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-23


near ur,,l JOO call al il, Mercer street Wlssas
a"'e! riese SEND answers by the sarsr.
ANNA DEMPSEY.
DIR OC0nor then asked the witness II the second
cote vas not hers also.-she is not certain thinks
not.
Dir. Van Buren, objected that the wisnoss has shown
sfe - willing To answer all the questions he OBJ
Jectto that the note had not been proved
The Court thought here was sufficient 70 go to the
jury Her directing the note was sufficient. II not
proved, the Jury can tell
NJ OCoEor re ad the second note, as follows
n t ,Sf mu' excuse exc me fer writing TO you 50
set hey have notice In the papers you don't it want
10 please seno me "osu ANNA.
The Advertisement was also read by Mr.. orc.
il Mrs Flower. formerly Miss Dempsey supposed
to Re in this City, will call at the Office Of rhsddeus
Sedavick, she win hear of something 10 her ad-
VANTAGE" This is the substance)
Wtntss continued MIR. and irs F. went to
Europe about December 1874 saw her again in
New.OrleaDs IN l64S saw her about three hours the
first time, and half an hour the second have not
zen MIS- F. since seeing her in New-Or!eaLs IN
s4S Before the night Of Capt Howard and ar.
Gocwin being at the house IN IwenS secono-st.
srokeD Of had slept up stairs slept with her that
NIGHT because Mr. Forrest and her two sisters were
away Go not know of any other reason suppose
that 10 be the reason because she was alone sne
asked me to sleep with her CID so some time
tbroueh the day cannot say what hour. Mrs. +.
had always treated me well with great consideration
ana kincness; was then IS, am now going on %
| had lived with Mrs. Moore before gong 10 MRS.
rs lived four months IN Forty niaih-st was
chambermaid before that lived with my mother,
and vas sick before that hid lived WITH MIS- Nus
sell she boarded her husband lived at Ne"-Op-
leans she boarced at hotel do not know which
~ what street was with her a year and a half,
be'o'e that nome and went 70 school long
IT, g previous TO that, was with Mrs Hart IN
Na,tIl,. place / believe was quite small al that
piare % not remember being with DR. Lee, In
Cr,enwicn-st. remember living with Doctor, but
Go nut SNOW now long or where II was AFTER lea'-
| DO IN thn n
tUgp WAS not there very hong do not think 1t was
YEAR my mother made complaint against me and
hac NE put III II after living with the doctor
was not sent 10 Connecticut from the House OF Re
fule 10 live with Mr. Deckerson IN Connecticut !
rCsideo with Mrs. Russell IA New-Canaan, Ct my
| name was Anna Dempsey in the House of Refuge
| not bound Gus IN Connecticut lett Mrs
| Russell because she going 10 New Orleans do
| not remember Mr. TeTIy, the superintendent OF the
| House OF Refuge. but remember Miss Taylor do
not remember beng examined "hen "ch' thefe'
heard my mother say when went there was nine
wears old.
Q-sbotly before going to the House OF Refuge
dld YOU steal any thing
Mr.. Van B-St0p there. VIII the Court have the
kindness to apprize the witness OF her nights
| The Court wanted 20 know What the nights are
| Mr orc said wnere the Statute of Limitations
comes in, privilege Of exemption 10 answer cannet
Mr v. B. said he merely wished the Court to ap-
prize her If herrig
Mr. O'C said the general mode was TO prove char
acer and it has been said It will not do to charge on
particular acts much testimony would be IN
wed out tins has application to inquiry Of WIT
less herself who is on the stand on croSs-examlna
| ton. When this case on motion, was UP last
| " eek, cases cited which showed 1t had been
usual there to ask questions until latery when Il
| has been said might wound the ieehng oil goou
witness, but OF denial might restore credit
ard II lspropeT.
| Nh Van Buren, said the witness has husband, is
tie mother of three children is here alone, and CON-
| on humanity shoud prevent her being asked such
questions at least she has right not to answerques
tons which will subject her TO degradation III the
question is part of the thai, nothing except that It
would subject them to criminal prosecution is Inc
only thing that could excuse them from answering,
but where the question has nothing to DO with t1e
| case witness should be advised she Is not obiged
10 answer II such collateral questions are allowed,
| no witness In case Is safe, and the rule might
| dnve many witnesses away. No matter how re-
formed their conduct ma. have become, they could
be compel He'd agreeably to what is asked for TO state
any act of improperly OF their hives.
Mr.. OCOnDOI repieo;
The Court said, when the question refers To the
matter on trial, witness cannot be examined, un-
less where the matter eliminates him or herself, the
Court wished to hear testimony whether person
oujred TO answer. Mr.. OConor commended that
Peake, Starke and Phillips show cases IN favor oil
his proposition. 1t has not been settled he acAaoSl-
edges in this case. The Queens case Is high au-
| thoity for allowing il. He commended that answer
should be gwen ia all cases, except where exposes
the party TO criminal prosecution, and the statute
lms the time of bringing any proceedings against
| party, for CRIME, except murder after years.
Mir. Van B. contended there is a difference BE-
tween the English and American cases the rules ot
| both do not require an answer when II eliminates
He thought it d point which the Court VIII de-
eide advisedly For themselves they care not II the
| decision is in the affirmative, for there may oe
Witnesses on the stand during The week whom they
may desire to ask some questions. Ii is settled here
that a witness cannot be asked questions Frele
want points fencing to degrade himsef-and IN Eng
land tits unsettled He thought the Court should
instruct the witness that she is at liberty TO go into
n
swerng 1t. lie referred TO People against Hernck
10 Johnson. So
The Court said it is clear the matter is unsettled
Mr. O'C SAID he would pass TO another branch OF the
subject and leave the matter to be turned over III the
mind of the Judge.
Q. Was II your place 10 attend the door
a. II was when There was no waiter, ana also
WREN there one II he was engaged We went 70
the door whenever we felt inclined 10 go the waiter
was Barney Mckay, when was there do not khoS
if was our practice or not, knew OF Capt Howard
sleeping often at the house knew him to have slept
at the house otheT nights than the one spoken oil
when Mr.. Z. was away knew nun 70 sleep thvIe
often when NJ. r. was home did not know OF MT.
Goodwin sleeping there any other time did not kno"
of his sleeping there then wet 10 bed al ii O'Clock
do not know what time 1t Vas when .he Voices IN
the library woke me, nor how many voices here
the house was silent when Mrs came In there was
light on the hearth bright hight she brought no
ether light Mrs F. did not lock the door OF her oeu
room wnen coming TO bed nor close 1t she ala no'
lie down ia the bed with me, only undressed aerse
the door mas then about half open she remained 10
the room with me about 20 minutes, 70 uhdieSs OF
going out she did not close the door alter her the
room Capt Howard was in was the next room, ana
the same side of the han the doors were eight feet
apart did no, hear her open Capt. Howards room.
| n she had think It would have made suticlent
noise for TO hear could not say how long It was
before went TO the room-about twenty minutes
| when heard the whispering and the noise of the
bee stead | had to open the door more fully had
he Ian y in my hand as went TO Capt. H. S room
cooked over the foot of the bed, having the light IN
INV hand | saw how they WERE and went toward
| the door and stood there l then she'd tears-cred
| loud enough for her TO hear me u was bur lew
| minutes before she said anything "She said Anna
what's the matter" | said | was AFRAID to sleep
| alone she said nothing ! took the lamp with me
| did not close Capt. HIS door nor my own l nave
told ali thar said TO her and she to at that time
cf not speak to her after that FIRST day and before
| she went 10 England more than once II was about
q month before mentioned the circumstance OF