New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-27

at mat house wrote a note 70 Mr. r af-erSaro, 70
meet ne al the BIoadway Tneater have ben N
lGih-st ~ MIS-. F0rres E house since three times.
twice in the evening. and once m he ia time,
about; O'Clock sa \ Mrs. Forrest, MS VOORHEES,,
Madame De Marguerite II pronounce the naDe
rightly, lady v 10 was living VIII Mrs r Mr.
BfouF ham, the sc.or an Nr Geo. FOs,er went
IL carriage silh Mr. Br0ugham aud Hr Foster al
iieI request, 10 consult ao0Dt a pay suppose
N2dane De Marguerite harmed saw nrT children or
CHIC, ore two Al Mrs rs the 1Is,ume ! went
Wa 40 the eveniI out or O'Clock, ~ request
O hf. osisr, 70 be iAirOcuced - Iaiame D. Mar
gucrlit. as literary wom2n 'ound Mrs +. IL
nome ame De Marguerite and Mrs VOORHEES,.
Sir. O'l. tHr pht il was unntces sary--tne Cofrt
sad tie 0gect appeared 10 be to sho"
there Vas much con ltly, aud that has alre a. been
shown. Mr.. Van sad limitations haTs been
tIOV1 out TIA. the VIII CSs7s not 70 be believed
ana II Is Leco saT5 t9 show iacis
MI orc SAID tie rs dence IN Sirteenih-st. was
after tie suit ccmm.lcef
tlr Nan i. sale noi before he 5wer was Sled.
TIE Jucge asked ques 1a 10 whether a1y Of
Tie charges related to sAiee 100 ~
M Van said II sho~ CO the visits Of Nr Willis,
sIo other matters % the kind.
Mr. Van sad ne wished 10 show By the wi,Cess
how gentlemen were received at the loIse, hDN
entertain Cd, &c.
The Judge remarked he thought IS TO wna- per-
soIs were asked TO drIk, general conversatos aud
such, were matters with which nobody had 10 co,
ard unless they were connected with the rarties
CHARGED Ii the complain; they were clearly O. az
Missile.
thing such As might have the appearance o. what
MI Lester described he ered might Dc thought, BAT
general and ordinary matters he objected g.
Mr. Van wished to show that in Sixteenth-st.,
gentlemen without their wives visited SlxleenIa-st
when Mrs. +. was there they Nere entertained ;
wished 10 show they were dsorderly, and that gen.
tlenen were received In separate rooms by ths Ia
Cies living there.
Mr. orc. objected said that does not answer the
purpose he has in view with this witness.
M. Van B. sad It might answer tue purpose they
nae IN view. The object was not exactly % saw
general character as that IS from wha, persons say
This may be regarded rather as evidence OF general
conduct, as known TO witnesses, and THIS might en-
brace hcen'icuS acts-acis OF le Hdntss ageai many
nle ht think more importance OF the acts nave sta
ted than any specific acts, while Others might tank
them as a privileged proceeding belonging to fash
iOra"lo life Paige on Divorces, ll2 Sustalns the
position IL relation to specinc acts, Dnt mat cannon
row EXCEPT answer amended, Court allows It, but
the intention now is 20 show general conduct IN
keeping with what Is charged.
The Court thought the other day that the safe OF
feeling could not be shown. but on looking over Ed
wards LIST, IS, aiulock against MuocS It Was de-
cided that acts Of cruelty mlsht be sho N 70 prove
that TIE affections OF the husband NhO was the De-
feudaTD we're aiie1ated from his VIE, anu tnal u
was proper 10 be civ en- 10 MAINTAIN an inference taat
adultery might have been committed. lie Thought
tie testimony should be admltfCG
Mr.. orc said the rule laid Gown by Pa'ge Goes no.
beloIg 10 this case nor does he case ofEiwards bear
uuon the present point. Nce-C h tncellor Mct)un,
al that time thought u night 70 snow alienation o.
afectiCp Int winds Ug with the view taai rules OF
courts Of law 60 not govern courts Of equity. nad
courts o ag have re usPc 10 grant new IN as on the
admission OF testimony ahch Cld not alter the case
The testimony Of NT. Lester as % Ms 1Tfest TAX
ing O. Sir i. and calling h.m fool, might as"ef De-
fofe but rot AFTER the paftes had become hrstlte
and ut issue II general conduct IS L TO be giVsA IN
evidence It must be as general Character is given
that is, n gentleman 81, IN his Intercourse "in
a LADY hen conduct was lewd, and itsciviois, and
irrecent ] wish sucn testimony 10 come IN. aud
vii brig testimony 10 answer II but as 10 pdrtc-
uar occasions spoken O, 10 person could come pre-
pared to meet il. the eeIeTai mcce o. NE ahn OF
coIouCt, by persons acquainted WITH inefn, might DC
proper tut 10 get three Instances OF visit irOu MI
Lester, in Sixeenth-st where two o,he5 iadles are
present. the details OF such interviews 90 upt prove
Any acts OF general eW0neSS Out Natic uhI
Questions not involving other parties, an "utLg 10
iet even them IN bat .XirabeOuS acts, relating ID
Other parties, caDNoi be gwen ~ e'lttrce A. 10
MIs NOorhes, arc even her ittis boy. hcih 81 "non
arc over the ocean, GH Itdyl and no. able 10 answer
for themselves, testimony has been aEeh IN icatioh
to them contrary 10 rules o. evidence, - no"
third party Is sought 70 Dc inJ VA e laGame
d'Mareue,ite and her family. There may nave beena
sQuabhle between these literary gcntl'ne aui thls
htoraN ledy perhaps ~ The iauit OF the Is y, guy
such testimony CdnI0t be gwen co not want, Saic
lr orc. In case Mrs. Forrest IS acquitted, that ~
should be said she has been so bJ arts OF counsel
We have admitted almost everything hat nov
think have gone far enough.
Mr. Van b. Is at a loss as To trying cause IN THIS
way Of making objections, hrst agreeing 70 allow,
then rejecting testimony A. u Ma1au" o. haigue-
Tcie. Tie FlGdNtt tcnLthi dB"tHSb II ~
Forests complaint against woman who Is dead;
against a woman who - alive. IN good sian''bS ana
three four persons spoken OF reslaihs u me lo%
est houses of prostitution not one particle o. "uch
has been proved 1t was a wholesale san Al AS
q lady spoken Of and a'lusOn nidi 10 Ntf dud
bpr child we did NOT know the lazy Was I" oe away
and if She is away Just at the time TINS tlti ~ds 10
come of, it is not our fault There IS get, 1intI-
ence between genera character ana con us'-lh 'he
former you cannot show acts ont 0y WA OWE Sy
to show general conduc,i precisely 'he ie'Cise %
that, and YOU must sho" hcts a.,
The Judge said an attempt was made on MI LIS
berg first called to the stand 10 show acts OF ie"i
mesa and the frsl blush struck me. (which Iough'
then TO have Intimately. then turned INV attention
70 H. The point Is whether the offer now made IN
substance, OF gentlemen visiting at unseaSonaole
hours entertained and invited 10 separate rooms Dy
ladies' One thing seems TO be lost sight of that IN
such cases in England. and also IN Chancery
here, IL is without a jury, or felgneo issue
of the Chancellor found improper testimony, ne
throw II OUT but the present proceeding Is ulhef-
ent, VI is under the cpCe, where Issues IN equity
must be nIed as III cases at law. l. the Judge ad-
ms testimony and II IS wrong, the only et heSf AN
be, after PROCEEDINGS 70 set aslcc The verdict nc
case nus, pToCC co IN ordinary cases Oiit" here
are several charges, aud II particular acts are
shown 20 one man, 90 not see II can prove rs 10
~ 9th I II an act with one man caahOl DE ttAeh
as to snOiher, acts of general conduct cannot De.
Tie object here is 10 snow acts which "iii no. AZ
'ect the six gentlemen charged IN the comp amt,
exCtpt il a. sand TWO we're there Sulppse II
should be shown that Madame q Marguerite now
could that show adultery by Mrs F0rres! with capt.
Howard. If you pisast. or men "ho never were IN
Sixtsenih-st To ako~ nat, II might De attempted
10 show transactions IN relation to every uVhs mih'
Nv desire is then 10 uy this case as II tr)lns
common legal issue Were acting as the Ecclesi-
ssticsl Court in England, or the Chancellor, |
couic receive and throw out testimony surh AS
saw it, Ulsnot proper to give testimony asst other
laries TO affect Mrs Forrest | tetthe INJUSTICE OF
the testimony as TO Mr.. VoorhieS and Nc Kay
nond ard now an attempt Is % De maze as 70
another LADY ] think the testimony has BEEN much
too wie and that the testimony must De confined =
LEGAL rules | think ire testimony l. lnt'mi'>lole
The witness was then cTnss-exSiElned OF NJ
O'CoLor Is eoitor OF The Herald OF ne tri'l' 4
rev monthly paper started IN No'em9ef before
ttat toil,t as II lite aIl man 10 get my i'Vms "ts
cerpccrrd with wogG called the gallery O. liuS.
uiCus Amelicsrs INV employment a Coasas AZ
GtIoa ceaSed IN Isis was rtctlru ht'9
nrenc, 81 md DO sui preach the gospel. Snen
iale up thst subject the last tame o'eachsl
Was 10 body 81 Ojd Felioss Al Methodist
ChuTch il Columbia County severa cersyiheh