New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-02

i might be admissible, bat not a. to previous mat.
tiers.
Mr. Van B. said they cid not wish to interfere with
ine Prsconceiyed views Of the Court, but they ncv
LOT the hrtt time that the counsel intend 10 OBJ
lees 70 TIE testimony. All We wish TO offer IL what
MI. E. sa,o TO Mr. W. and to the spectators. 1t Is
BIN as the seducer Of his wife, and ne one inter-
feIed, II would seem Is II they credited 1t.
he Court said it could not anticipate what the
conversation was. Mr. Sanford commended that what
MI. F. SAID would DO decision in the case. The
question Is, II was competent to show that he said
MI, ". was the seoucer Of his wife.
Inc Court said If the conversation referred to q
supposed recent wrong, which, If true, might DO
come prcvocation, it might be admissible, but If 1t
occurred at all at date 50 far anterior as not 70
come within that view, 1t could not DO relevant,
bus tne Court cannot anticipate what it may DO.
MI. 'orcan said the history OF the time showed
VIVA, tne PROBABLE provecston was. II It occurred,
90 long before rs to allow the passions to
COOL could not be admitted.
~ ns sucge sad II is not for the Court or jury 20
be governed by what may have tIanspired in a for.
mef trial, or been read.
~ was admitted, with exceptions.
Wnness-Mr. Forrest said stand back, gentle.
ne was whipping Mr.. W. did not hear Mr.. W. say
anything, except take him of :" It was in fe min
utes that the Police interfered; did not pass
20 vac Walk where they were, nor any nearer than
lice took Mr. F. and Mr.. W. off saw policeman
take hold Of Mr.. F. when he stopped; did not
noce the personal stature of the police An, wheth
sI smau or not observed he had star on; u must
have been about O'Clock, 18th June.
Drect-Got somewhere near ThompsOnss. when
saw DIR. w. come In "a diagram was sh0wnl Mr..
Wills fell upon his face when he was struck.
az Van I'M may not hay. 1.
BOT In front Of him and was holding him down BY
the head or some way when Mr.. W. was on tho
ground he put his hand his head with the cane
Ia 1t, aAc then Mr. T. took the from his hand !;
when he was struck crowd gathered round IL did
not NICE them from my sight saw them till the
policeman took them of.
Philip Gaiiso, srorD-Resice now in Westchester
County In June, 1850, resided in Thompson. ST. !;
was IN WasAlDgtOn-,quare, sitting on the fence on
4Lhit. SIDE. near Mscdougal, near the third bench
saw MIR. Forrest standing behind tree near the
teIch.
Q.-Could a person entering from gate corner
McDougl and Fourth-sts see him
OtJecltd To, but withdrawn.
HItnfSs-D0 lot think he could; Mr.. WILLIS
houte was IN Fourth St., midway near McDougal; ;
saw Mr.. Willis enter the square, and take the path
leaoirg to uDiversily-place he went up IS or 30
yarcs, when he was molestec he was then a5ont
opposite TO me saw Mr.. Forrest leave the tree,
come toward Mr.. Willis, running part of the time,
ara went up to Mr.. Willis and knocked him down
be struck him on the back OF the head or neck; MIR.
w. fell on bic face he then took q co Wilde and
commenced beating him with it Mr.. w had light
cane in bis hand, which Mr.. +. took away from him
ne struck him With the cane and the cowhide too
be took the hide from under his coa. Mr.. F.
struck hr. w. several blows they.were struck with
his cOwhide Mr.. w. made an effort to rise. but Mr..
+ held him Gown think he had hO.d of the collar Of
his coat could not tell how long the beating contin
ued he stopped BY the interference Of the police.
man when l saw MIR. w Knocked down ran up;
when MIR. F. ran, think II was the gravel walk
he approached Mr. w. by his back
Cross erapinsd-Am IL years old was passing
away the time with some boys OF my own age think
had watch IN my hand, timing to see bop long
some other boys would be running round the square
they were running when saw him do net Iecollect
where they were when l saw Mr. Forrest they ran
on the path inside of the railing they were to run
to where sat do not know whether they ran round
or Lot they came up while Mr.. + was whipping
Mr.. Willis after Mr. Willis go. pas. MIR. Forrest, az
tie latter stood by the tree ON the other path Mr. F.
then ran toward him behind suppose the tree large
enough to conceal Mr. Forrest he stood side ways
TO it think it was half as large as MI Forrest when
MI /. first moved he went In the reverse direction to
Mr.. Willis, and then struck the same path and got
behind him Iobody that saw was with MIR Forrest
co not know how long M. F stood there had watch
IN my hand, but did not time him only know Mrs.
Hernck EeIe from sight cid not see her there
there were two lads with me-my brother and an
other knew Mr. Willis; did so from that time
was at his house friend Of his asked me to call
and see him do not know who II was Mr.. W. and
talked together; he asked me what knew about
it, snd told him. and no took it down; It was the
next cay policeman was there when saw MI.
Forrest knock Mr.. Willis do wn ran right up; can
up; the police men took Messrs f. and W. to the po-
hceo fice and followed in the crowd; the police
Office was in jefferson Market; did not go in did
TO. sea Mr.. Willis, that recolect, leave there 1
1--we IN New Rochelle, came down this morning
aloIs a subpeIa was sent to me--gven TO me by a
brother Of nine person gave 1t to him, and he to
ne.
Drtet.--When at the house OF Mr.. Willis all that
occurred was his asking me what occurred, and
writing down what tod him
Antonio Atfafuiia, Qad) sworn-Was at Washing
ton square in company with Mir. Guliger and hie
brother l was near the corner OF McDougai and
Fourth On bench with g., saw Mr. Willis enter
The park, AID afterwards cav MIR. Forrest come be-
hind him, and knock him down, then take whip
out of his coat anc commence whipping him: Mr..
w. attempted to rise, but MIR. 4. had bold OF him
he did not get up while Mr. + had hold OF him
he approached MIR. w. behind When l first saw
Mr. r he was going quite fast do not recollec.
whether ne walked or ran be struck him bio" ana
knocked HIM Gown.
Crossrxamined had been sitting there few min
utes; Mr.. +. was coming behind Mr.. w. when hrst
saw him about yard from him, in the same path;
was sitting by Gugcr, who was timing tue boys
did not Mr.. Forrest behind tree. nor DID Gul.
iger say anything to me about seeing MI; r. behind
red round il was about rs feet from where
Vas sitting TO where Mr.. Willis fell MI + struck
Mr. w. in the back part OF his neck did not take
knees or Lot Mr. F had hold Of him by the collar.
ard whipping him on his back do not remember
if MI w was on his knees or IN what position tney
remained so, probably, about i've minutes, wnen
the police CICeis Came up WI VhHs snch Bos "P
ana they walked off to the police good many per-
sons were there do no. know whether they were
nurses and children or not do not know what the
vhjp was made OF Mr.. Willis had cane-a lght
slick have seen a coxhide co not know If the
whip was a cowlide or not Mr.. Forrest was
standing on the east OF MIR. Willis when he was
whinn,e him went to Mr.. WIllis's house did
not lake down what ! said; went TO Mr.. Wllis's
either 10 &c. subpoena or to get some money to 90
TO school with Go do not rene moer which; Aian.
srels, the Other boy, went with me was told
Was TO get some money do not know how much
did rot get any. 90 net remember how much l
Ws,tsd 10 90 to school I was not questioned, and
do mol know il AraDguela was 1t was some tune
AFTER the occurrence am 10 years OF age.
Dt,scf-Am at school now; was at the time ~
school at Elzabethtown IL was IN relation TO my
eTpenses going to and from school that called on
Ar willis. - ar
The Court here Adjourned to this forenoon me
Court nmatI 10 them the propriety OF not taking
in relation 10 the matter between themselves nor
hermit any persons to speak Of 1t IN their presence
II sny persons do the latter, they will mention u 10
the Court who will take measures In regard 70