The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-02

ment before the otner trial was examined the other
trial It was near the corner where M Willis came In
that Mr Forrest standing; the path runs the same
way with Fourth street; be was In the path when came
srd entered the Park that way did not see any.
thirg Il Mr. Willis before went into the Park; was
probably hsiiwss thr9ush III: Park before ! saw Mr.
by tree near bench and came across the path; the
bench end tree a. the side Of the path there were
| two gentlemen with him. don't know who they were
esw Mr. viii, enter the gate and come towards me;
can't tell how after him that Mr. Forrest passed
II fret was not ; directly opposite opposite Wills whS
than i vmi stopped when l him strike Mr.
wNlt; ! stopped when ] saw him run across
MIR. Willie; can't tell how far 1t was from
where BIZ. Wills was to where Il wa; he Was near
the thin lamp post said ths second lamp post at tn.
lsst trial but did not count tho FIRST one next to the
corner; did rot anything In Mr. Forests hand
o!s net observe with sufficient certainty whether Mr.
Forrest up bth I'D Mr. Willis alongside of him
don't mean that couldn't see, but when don't know
cent ssy he bit Mr. iilf the back OF the head
above the eht udere; don't know what he struck hin
with fer DIDN'T zee anything In his hand Mr. Willis
raid, "ske him on, don't recolect whether he said
1t than once; he said 1t after Mr. Forrest
Knocked him down; can't tell whether be had raised up
when he raid so. Q.--@hat makes you think be held
him down. IL don's think it know It; he held hi N
down by his DOLLAR his shoulders; didn't count how
many people were there; there great msny--men
women and children; no one ntertered I'LL The police
came; did not hear MIR. Willis cry fer the police; /
hesid MIR. Forrest speak when he whipping him,
while he hs1 him down
| o. bat did he ssy'
Ist given IN his favor II ne committed outrage
en- Mr. Ills there is that fhe committed
her outrage truth that is 10 be given in evidence
&t Nna Buren, "a Id that the question rsised the
former trial ard ruled favor of the defendant I'D
Ui'sble es portion OF the trsnssction.
Mr. ssDdiord esid that Judge Oakley did not admit
any euch question By this witness
mr.. Van Buren, ssidPerbsps rot by this witness bat
by one Of the WITNESSES for the plaintiff The defsn
had not had tina opportunity Of examining any wit
Eeesee because this plaintiff got tired Of the case and
wore himself out Of court.
4 ne mi be
had reference 10 Any transaction that occurred
disely before but the law did NOT allow the court
20 into poef 70 whether the charge made the time
true false 1t could not be res.ived bscsus how
The court under such circumstances TO chargs the
MIR Van Buren raid that the PLAINTIFF counsel did
not chject to the testimony at tbs trial Nov,
What he wished TO prove was what Forrest said az the
tine They had in evidences what SIR Willis said He
(Mr Vsn Buren, did not know Of what ths wit
noss could testify 70 but he presumed would appear
that Nr Forrest ttated the time that he was chas-
tairs the ssducer OF his wife. and that tho general
justice q The pun hment wac approved By the By
ISLANDERS for they did not interfere.
Mr. sandiord hoped they gaing to try this
Sot by the judgment Of the bysIanlers, but by the
opinion OF this jury
Competent TO prove II anything said which would
show reference 70 trsnssci ion which had tranpred
which prompted The sct but il it anterior to
that not TO justify it. all that could BIS done would be
to instruct the jury TO discard the evidences The court
cannot tell what the Of the expression was until
It Is given in evidence.
MIR jordan said that It would appear that the trausac-
tion 10 which MIR Forrest alluded was alleged TO have
taken place SO far anterior that the law would not
tolerste The excitement If it three nights,
three hours beiore the assault IL woald not within
TIE rule that the defendants passion had not time to
cool
The court could not anticipate what the evidences
would be, sid admitted the question Counsel for plain
tif tosk an exception TO the ruling.
Question BY Mr. Van Buren--What was said by Mr.
Forreet ut the time?
A."stsrd back gentlemen this is the seducer ofmy
vile be said that while he whipping bin didn't
hear Mr. Willis say any thing to that did not hear him
whe,hsr 1t was in reply to what Mr. Forrest said tina.
Mr Wi1 said "taks him on y it few minutes be.
fore the police inierfered did not to the walk
| did not pass there ut all stopped there till
after tie police took them OF they took MIR Forrest
and Mr.. Willis both en Mr. Willis walked oG With
PED didn't notice whette r the police wa, little
noticed he had rtar 1t must have heen about
O'Clock. or little afterl Oh the 18th June; ii
light.
To NJ sardford.-The tree near which Mr. Forrest
was standing between the ssyei walk aud the ience
diagram OF the piece wes here produced, AMI tae
winners EXPLAINED The position of the parties
To Mr. Van Buren--l can't recoleot which woy MIR.
Forrcts face while be whipping Mr. Willis With
The cane after he knocked him down he get ia front Of
Dim recoect him taxing the cut Of Mr willis,
band; when willis vas or the ground be PM his band
his head With the in H. and then Forrest took
the cane from his (Wins's) hand; he must b.ve been
sast Ct Mr. Willis shen BIS took the ou Of HE hand
can't ssy which way he stood when ne was hitting
Mr Van Bur.n-weli about witress-- About is not
the thing you know sushtsr) always ucder.teod
wes to tell what they know, not what they think.
(Lsughter).
Philip Guiig.r depcsea--I now reside in Wes,chester
county; In 1866 iesded in Thompson street, about
block from Washington square, IVES in Washington
equsre afternoon in June 1850 sbout six O'Clock;
wtncseed transaction between Mr. Willis and Mr. For
rest; was ritting on bench; it was about three or
four benches from Macdougsl street; Mr. Forrest
stSnding behind tree the bench where sat- the
tree Was between the foot path and Fourth street.
Q-Could q person, enterisg from Fourth street
person standing behind that tree! Al don't think he
) enter tn. Park be took the path leading towards
University place. he had got up about opposite TO
before he oiested; observed Mr. Forrest the
tree walk rapidly at frat, then up to Mr.. Willis
ap knee him down; he struck him with bis fist the
back Of the head or neck 1t knocked him down on his
face; Mr. Forrest then teok a cowhide and commenced
beatir Mr. Wills; observed he took light away
from MIR Willis and struck him with 1t; he took the
and COW hide together and struck him with them first
raw that Mr.. Forrest had cowhidc when Mr.. Willis
down he took 1t from under his Mr. Forrest struck
Mr. Willis several blows with his cowh!de; don't know
how mary; Mr. Willis made efforts to rise but Mr.. For
rect held him down. think by the cosr Of the coat
couldn't tell how long the beating contnusd--it was
some minutes wa, ,eprea ~ tue interference OF the
when raw Mir. Willis knocked down; when sir Forrest
towards MI Willis It was on the gravel ALI he RAM
he approached Mt Willis at his back Dir Forrest went
behind the lamp post VIXEN he came up behind Mr.
Willis
eros. examined II am about II years old wa. pass
ing my time away in tbs park with sore boys about my
age; think l had watch In my hard sEd was
timirg some other boys who were running arouad the
they running ireite the railing of the rquare r
Forrert whipping Mr.. Wills when they came up;
don't know whether they the race out but know
they up; Mr. Forrest standing cast. ard was
shout twenty Eve yards from me towards waverlsy
place. he on path not the same one wac on, but
the that Mr Willis on; Mr. Willis had passed
Hr FORGET when fret raw him (Forrest) he passed
him the path where saw him. tie tree close by
the bench which citing Isuppose II large
enough TO conceal Mr. Forrest II he stood Sideways
couldn't say how large 1t wssi think It wa, half as
large Mr Forrest when Mr.. Willis passed Mr.. For
ya.f we'd hat W. nc
direction from Mr Willis; he then parsed and
vent bt hind him; be went 70 tho ptth where It joined
the path where was; Forrest the path With
parallel to Fourth street when first him. there
no ore, that cav, with Mr. Forrest. Q-Wss there
suyt hing TO prevent MIR Wills seeing Mr. Forrest? A
Not If he turned round; he behind the when
mr Willis passed. Dir Forrest did rot start before MIR.
Willis entered the park there nothing to prevent
DR. Forrest going 60 Mr. Willis a. he entered he
down the path and then up behind him; the tree
large enough TO conceal sir. Forrest as he was
,tss ding sideways DONE know oW lor he stand
ing there; 1 oien't time him (Lsugbter) 1 know
Mr., Ierrck By tight; don't recslect seerg her there;