The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-08

court you not to give the names Of counsel who
gave the advice.
Witness Including my own
Chief Justice-It Is precious little Importance who
Letter Of Mr. sedswick to Mr.. O'Conor, dated 18th
February read yesterday, produced Witness contin-
ued-On reading the letters now can easily sec how
We misun derstood each other.
Memorandum produced, but not read Witness-I
do not know in whose hand writing It is.
John Hawkes. who appeared to be laboring under
debility assisted to the stand and depo-ed am
physicians; am AZ years Of age; am now my way
from Boston Rochester, and staying at Mr. Ran
Forrest; know Mr.. Forrest by sight; knew Miss
JOSE phine Clifton by sight; some seven or eight years
and stayed over night 1T Utica; In the morning,
when we took the railroad cars, Mrs. Hawkes. being
unwe obtained for her the part Of the cars called the
ssoen is the latter part Of the car psrttioned off,
with door entering 1t from the main car, and with
sofa eettee at each side of IT. the sofas about six
feet long; entering that saloon found one sofa
other side at the first second stopping place very soon
after started stopped at an eating places Mr. For
rest to the window Of the saloon and spoke to the
lady which drew my attention to her and then disco
vered who was Mr. Forrest then got what supposed
was glass OF brandy and water and gave II to her
part of the cars but frequently in and out to my
wife, there muatto servant in attendance ON Miss
Clifton
To the Chief Justice-Shs Miss Clifsons servant
To Mr.. 0Conor-on tho occasions went into the
saloon Miss Clifton was not we'll she seemed in con-
siderable pain at times groAnng twisting OF the body
contortons Of the face think this condition changed
before left the cars left the at Rochester,
Miss Clifton and her servant were then In the saloon
Odd your wife remain In the saloon all the time!
ANearly all the time; short time she not in 1t;
a. nearly as can recollect 1t for about half hour
she was out of the saoon she came L. aud made
statement and he afterwards to the saloon Mr.
Forrest to her and stated to her that she mght
return to the saloon and she did it was after the alb
Of my wife from the saloon that discovered the
change In Miss Clifton for the better; saw Mr. Forrest
in the saloon with Mics Clifton several times during the
day. After you discovered the change what
the appearance Of Miss Clifton! A.-ehe was moro
quiet; did not complain Of pain Odd you observe
MT Forrest At any time 90 anything for Miss Cton be-
the day once at least, taking pill pills, Mr. Forrest
being present; am not certain whether he gave It to
her, she took 1t from her servant Q-From all that
you Of Miss Con's Illness before your wife left he
car and what you saw afterwards, did you form any
opinion to what had been the cause of her illness and
the relief thereof! Al formed an opinion.
Q-Whst WAS that opinion?
Mr.. Van Buren, objected to the expression Of his
Question withdrawn for the present, and the
examination was suspended until the direct entirely
finished.
Laura L. Hawkes. being sworn deposed-I am wife
Of Doctor Hawkes. who has Just been examined was in
company with Doctor Hawkes. on a journey from New
York to Utica some years ago; went from Utica
to Rochester by ralroad was not in good health
at tho time; 1 occupied the saloon; Miss Clifton
and coored servant girl also occupied it; one
lar spout Miss Clifton when rst met she after
began to complain of being sick Q.-What was the
her manner A-She seemed to suffer great deal of
pain Q.-What complaints did she make , A-She
and seemed to grow all the time, and complained
more did not see any one do anything for her; her
maid turned her and Embossed her Dress her
take glass Of something through the window from Mr..
Forrest or the gentleman that was with her. don't
know WI at 1t was; / saw her take medicine several
times during the day don't recoect who administered
it; it was in the shape Il pills; she said It was opium
saw her take them several times but whether she took
them from the maid or the gentleman don't recolect
v1aff has Tt.ftt
Mr. Forrest spoke to Miss Clifton and they spoke to-
gether and he then asked to be kind enough to with
husband was sitting with part Of the time that
there; but don't recolect II he there when went
In; stated to him the reason left the saloon when
left the saloon left Mr. Forrest and Miss Clifton aud
her servant in it, was out Of II about half hour
that occason then returned Mr. Forrest came to the
door and told me could % back If wished . up
ton improved? A.No. Q..--After you returned to
the saloon how was 1t? AL heard no more complaint
clined upon the sofa and seeEied quiet had been
mother previous to that time lett the finally
In the saloon Before you left did she say anything
TO you! A.. She requested me to stay with her while
her maid got her dressing gown she said she could
and going to be to public house she said
she flowed so much she could not be removed until she
vas wrapped up; my husband told at the time that
that was Mr.. Forrest and Miss Clifton.
Cros..xxamned-I don't recoect whether this saloon
was part Of the car in which my husband usually
ct the resr end think there cars in the rear
Of the saleon there was back door when went into
the other car suppose rode fo' ward always do IL
! can; did not Mr. Forrest from the time went
out Of the saloon until he called me; can't recoect
particularly where did sit Mr.. Forrest opened the
door OF the car where was and told | could return
If wished think asked Miss Clifton what was the
matter with her; that was the commencement Of the
conversation that recolect ehe had no hesitation in
telling what the matter; she spoke good deal
Of being so every month and had travelled good deal
on that account and taken medicine; don't recolect
in nv nahi - AL
accustomed to these attacks A-Yes asked couldn't
rhe do anything for them and abe said she had
and taken medicine; she said she not married O.
How came che to tell you that? told her to send for
her husband and che said he her husband that
he was married gentleman. friend OF hers she said
she wss singles had no means Of telling the length Of
time ives out Of the saloon; had passed Syracuse
don't think We bad passed Csnadasus can't tell what
year IL was; think 1t In the summer IL was warm
weather. 1t towards night whom we left the cars at
Rochester; think 1t when went out u
the saloon; think this must be seven eight years
Mr. O'Coner-You thought the lady was married. what
made you think so! A.-The gentleman who was with
her was very attentive and supposed he her hu.
DR. Hawkes. recalled and to question from Mr o'Conor
raid he was physician for some time before the
renee spoken Of Q-The symptom you before your
wife left the saosn and what you saw afterwards and
taking into account the fact that this lady at the tim
she reached Rochester in the situation she to
your wife, that she could not be without be-
ing wrapped up did you At the time form opinion
as to the cause! Ayes, did, Q.-What was that
Mr. Van Buren, objected.
mir. OConor contended for its admissbiiity.
Mr.. Van Burens objection three grounds
First that it quite obvious what the lady sickness
was and how she was relieved next, the ground Of
the opinion Of the witness; and next because it would
lead TO endless evidence in the field OF science.
The Chief Justice said he did not know thst there
any reason, in point Of law why the Doctors opinion
should not be received The court cannot certainly
come TO any opinion on the symptoms described, but
when that opinion is called for from medical man he
thought II proper TO admit it.
The question was then repeated A-From all that I
saw an heard from my wife. did form opinion at
that time. and hold the same opinion now. Q-State
what that was and is! Al thought that abortion
took place. think mentioned to my wife, at the time
who those parties
Gross exsmiLed-I graduated at Fairve Western
College OF New York ia the winter Of 1926 or 1877.
staid for year and half ia Cherry Valley pra:tung
and wen. from thee 70 Newark in WAYNE County. q
What made you leave Cherry Valley? A-from the
tine gre duattd ths look out tor pace to
settle in: opportunity siered snd went. staid at
N,wfik nearly five years snt then went to Rochester,
went in the dflg busn and quit the profession
What was Your icason, Al preferred the drug |
bu,Les 10 professional life remained Ia 1t for twelve
i rem 1 an 1srs I