The New York herald., 1851-12-27

have been permitted r. g sway xne esesn~AR ese-
Ths Chief Justice ssd that In the psosre c( this tra
offer ives msds in general terms to show some un-
part Of the plaintiff. At the first blush 1t struek
him sdmissable, though he perhaps ought not to
cussed since that, be had turns his attention to T.
The point to be decided H. whether the orsr y 70
be admitted to prove that gentlemen vsrs entsr.nsa
der there; and what is moro material that gentensn
were invited BY the ladies to separate rooms In Eng
court without jury the court dposes Of the case ss
cordng 70 his Views trial In this court be-
fore sjudge and jury, and the judge admits testimony
which seems imm ateria 1t comes before the full court
and they fnd that it not competent, and they set
aside the verdict the ground Of immAterAlity Of evil
dence admitted 1t seemed to him. that they must try
this according to the ordinary trials of law Here
is In which three distinct issues to be tried
Apart from Mrs Forests case against Mr. Forrest ne
brings charges against her of intercourse with
six individuals The question Is what kind of evidence IL
admissible If is propoeed that evidence Is to be pro-
duced to show aduterous intercourse with not
the record 1t cannot be given in evidence without an
amendment Of the pleadings If evidence of adultery
these acts on the part Of other men cannot be received
it would only prove adultery against them. Suppose
that Madame Marguerite invited gentlemen into
another room, how would that to prove that Mrs.
Forrest had committed adultery with Captain Howard
man who perhaps was never In that house On the
whole, the Court thought it safer to adhere to the
sound srictness of the rule OF evidence The offer i'm
plicates ladies who not on the record As 70 ths
as the other ladies 70 admit this evidence would
be opening door too wide. Taking this whole PROPOSE
ton, he did not deem 1t competent evidence.
The witness was then cross -examned-I am at pre-
sent the editor of the Herald effae Unon one number
get away from the court it is monthly paper;
folio of double sheet the size Of the London Times
Sc was Connected with the PRODUCTION ' Of q Work
called the Gallery Of IIustrious Americans
l was something more than year connected
called; and since then have lived in this
country. Q-Are you clergyman? A--No sir. O.
Have you ever been A-Ifyou define what you mean
by the term clergyman, will answer you. Q-Do you
preach the gospel Al do when speak Of 1t last
preached before body In Methodist church In Co,um.
never been a clergyman, az define the term have
preached in a christian church, having charge Of
What persuasion A-Congre yatonalists; Quilted tie
occupation of preacher in the main before left Column
was no power of removing me Twas entirely " on my
own hook was called the Rev, Mr. Lester then and
before that and have been called since BY the Sunday
bleeding in the lungs compelled to resign 1t not
at the request Of congregation the contrary they
wi,bed me to remain &c up there every summer since
Q-Do you preach there when you 20 up? A.-That
all depends upon what ycu mean by preaching like
Shah speare find sermons in stones and running brooke
Qaughter) met Mr.. Forrest about Ave weeks ago in
Bradys daguereotype rooms did not expect to be
amined here witness till the first day Of this trial
communicated the interview had with Mrs. Forrest to
my WIFE, as generally do icate everything toher
Qaughter believe spoke to Mr. Forrest about the in
L
don't remember that spoke to him the subject
but at that time; have borrowed any money from
rever saw Mrs Forrest before that morning have spo
ken of cannot say that 1t Christmas day there
was no one In the room but servant who came in and
went out occasionally Q.-Wbat lady have you
affected in the way have described Mrs Forrest
be? Al can give you cstslogue, If the Court deem
1t fit. .ep
Mr. Van Buren, objected to scandslizing other ladies
Chief Justce-Ws must conhne ourselves here to the
trial Of one lady.
MI Lester-f have sesn ladies drunt and heard 1t
proved so in courts too can't say how near to
Christmas that interview
To Mr.. Van Buren-The servant told me Mr.. Forrest
was not at home-tbat he was in Philsdelphia-and
think Mrs. Forrest told me
reside at 225 West Thirty first st. at Mr. For
rests house in st. once; went there to
present bill; I saw servant; she asked me to the
drawing ROOM opened the door and saw Mrs forrest
did net enter the ROOM there gentleman in the
ro6m do not know who 1t was; they engaged in
conversations they seated and Mrs Forrest at
my rst entry atked Mr. Forrest at home and the
servant raid no, but Mrs. Forrest was Mrs. Forrest
think, told me that Mr. Forrest was out of town Mrs
q chair. Q.-Whst, If anything, did you that
peculiarl A.-Nothipg; did not anything said or
it was about the middle Of the day; can't tell what
hour.
This witness WAS not cross examined
James Lawson then called and examined by Mr.
Van Burep, and deposed-I reside at 136 West wefh
street; know Mr.. and Mrs. Forrest; know MT For
appeared at the Bowery theatre and Mrs Forrest since
her arrival in this country Twas made acqusintel with
the pecunisry terms Of their separation Mrs Forrest
was to receive through me, at her reques) 81 $50 q
year paid quarterly in advance paid 1t to her up
lst Of November last the next due lst February
and refused to psy it do not know how 1t has been
paid since. Q-Ehy did you refuse to pay IT. Al
had read published pamphlet Of proceedings in this
sns ana amer That refused to pay It, wrote down
rom this time, TO make Mrr FORESTS payments and
referred him to Mr.. Forrest Q.-What the treat
m.nt Of Mr.. Forrest to his wife! Alp to January
lS49, always kind. Q-what opportunity had you
and your wife of witnessing, A-Myseh very very
frequently my wife much less; I am ssotchmAn bsrn,
born In London; We claim her scotch my relations
with her we're very intimate and very kind towards her
Forests father by me- at the request Of Mrs Forrest It
Was BY letter. Letter produced by Mr.. 0'0onor
Witress cSntnued-That is the originals never saw IL
since until now; gave Mrs. Forrest copy Of It, up to
that time Mr. Forrest had never spoken to Of the
csue Of their separation 1t was In the December fol-
lowing be told me the cause. Q.-Did you learn
from Mrs. Forrest what their understanding was to
not communicating the cause? A.-Mrs Forrest told
that TIE cause never could be communicated to any
living creatures that she had asked Mr. Forrest not 70
communicate 1t, and he promhed tho precise time
can't mentions this LITTER to Mr. Sinclair, written
written request TO me- went next morning to the Post
Once to go by the steam packet Europa which sailed
refreshed my mind at kr ounard OHIO. the letter
Was in the Post Once before half past O'Clock and
the steamer sailed at hiteen minutes pest twelve
O'Clock Mr.. Forrest called during the of that
morning; showed him the copy Of that letter which
had kept: Mr. Goodwin called in the OF an hour
After and also showed him the copy; showed Mr. For.
rest Mrs Forests asking me TO write the letter
his precise words, when showed him the copy Of the
letter had written won't undertake TO say but think
they were, 1t win do" said to him IL vas a difcult
and delicate task had performed which he replied
70 the effect, Itsa good letter." from January s9 TO
December 40 endeavored TO learn from Mr. Forrest
the Of their separation; went up to his library
one day, with the knowledge Of Mrs Forrest had
interview with linn. after an article appeared In the
Mir ; with her knowledge and consent spoke to Mr.
Forrest saw Mrs Forrest within few days and told
her what Mr. Forrest said at that interview: asked
MI Forrest II the report Of their intended separation
which appeared In the Mirror, true; bis reply was
that he would not speak that subject t. me
said in reply that must speak, for my heart frn
and must sRd would speak; spoke IN terms of great
commendation Of Mrs Forrest he said "No third party
ever yet interered betwixt and wife with advan-
tege, and be would allow interfere with hm;N
that was the purport, and believe the very words
was 10 have communicated the interview % Mrs
that evening" but Dir. Forrest showed 20 tie door
and bad not opportunity Of doing So
10 the Chief Justice-Ths was while they living