The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-18

admitted the copies with tho admission from the de-
PENDANTS that the originals last before Judge
Beebe, when the parties were present
Mr.. Jordan would admit that anything else
they couldn't make much Of it, if they meant nsnu-
ate they (defendant) stole them (I1aughter)
Mir. Hall" Qui CAPT. lille acitn-I made such insinu
alton
Mr. Jordan then read several adavits made bv Brush
and Broadwe in the of these proceedings point
ing out the discrepancies in particulars In one OF
these Broadwe stated when he home, he told his
wife he bad just witnessed IA wonderu instance Of the
power Of the grace Of God in the orbcarance of Mr.
Brush which allegation caused some laughter.
Mrs. Mary Lane called-lIad lived in New York IS
years; Charles p Broadwell since 1S4S in April
he was a tenant, and moved in on the LIST Of May.
what + the general moral character OF Charles 7.
Broadwel! Objected to and ruled out Exception taen
AKnew his general character since 1913; he per-
son who appeared very pious but would deceive the
west never any say anything him but that
he brave liar Qaughser) from her knowledge of
him she would not believe him oath, any Of his
family.
Cross examined-Mr Broadwen remained as tenant
from May to October; he owed her rent and she
expected he always would had other transaction with
him, and thought that was quite enough. (Iaughter).
Mr. Montgomery Giller known Broadwcll for two
years; never heard any speak well OF him from the
time he first knew him; would not believe his simple
word; he reputed to be great liar and hypocre;
would rather decline saying whether he would believe him
cath.
Cross. examined-Had never any dealings with him.
himself but had heard his clerk Mr. Mead speak of him
as having got goods which he paid for could not
give his exact words; witness children at time
(Thc reason why ruled out)
Mr. $. s. DAVIS had known Broadwell four years; his
general character bad far he knew il, and he
had heard good many persons speak of him. he would
be 10th to place confidence in his oath
BENJAMIN D. Wisner, constable. knew Broadwell;
people had represented to him that he had got houses
false representations. Objected to- Mr. Jordan pro-
posed to show be had lived habtnaly SO and lied to
his meansnot in any particular instance but generally
which would show his character for truth and veracty
(Ruled out
Gross. examined -Dispossessed him for Mrs Lane had
spa II i'm
Re examinod.liad heard people say he was a rascal,
and they would not believe him.
James Davenport would not believe him oath, in
any pecunaiy matters or whore his interest very
siropg on one side.
T. j. Herring had known Broalwell for four or five
years and from What be knew he would not like to have
his neck depend upon his oath daughter
Counsel proposed TO prove that his general character
was that OF IA dishonest man (Ruled out; exception
taken
EsPeter hilbert called and deposed in broken Eng.
lsh he knew somebody but did not know Charles p
Broadwtll by name Gaughter) On his being pointed
out he shock his head whether he wa.
the somebody in question. and withdrew, amid much
laughter.
Aaron Rand. school teacher, and occupant of the
same house. wished to be excused but swornIad
only known him for three months and his knowledge of
him extended to financial matters only
Mary $. Hll.-Knew Mr.. Broadwell since April lSis;
his general character for truth and veracity was bad she
would not believe him on oath
Gross -oxamined-Was daughter of Mrs. Lane, and
became acquainted at the same time.
John Sands.-Met Mr.. Ferguson the night of the
occurrence. who asked -. (ftuled out
Miss Margaret Brush daughter of the prosecutor de-
lcatelooking young girl Recollected the evening
Of the occurrences was in the back with her father
when Ferguson came in; sitting the folding
DOORS Mr. f. in and went up to her father and gave
him paper as he sitting at the DESK her father
and gave him his hat and she went into the next room;
was frightened and went in to call her mother thought
Mr. Ferguson might get angry and strike her father be-
cause he would not take the paper did not hear any
thing that indicated they angry the desk stood in
the corner between the window and the repace there
was no gas light IL was either lamp candle; Mr..
fergusons manner mild and quiet, she
when She came back he was partly down stairs did
not know Mr. Ferguson when he came I'M did not learn
who he until after he gone.
Q-Were you very much excited at the timer Al
was excited; can't recoect whether j was so much so
that did not know what was about
Mrs Susan Brush wife of complainant. --Recol-
cced her daughter calling her. she appeared very much
alarmed did not recollect whether Mr. Brush's hands
raised when she returned the room; there was
very loud talking heard both voces did not recol-
lect whether Mr.. Brush appeared excited or not.
Daniel French sworn-Mr Brush had told witness that
il possible he had done than he was aware Of in
the excitement of the moments and added. he had
recollection Of striking kicking Mr. Ferguson thought
he ted him at one time that Mr.. Roomc had some other
object in the prosecution than this case
The testimony closed here on both sides and the court
adjourned till TO morrow-the jury separating before
CoNCLUsIoN-THE JURY DISCHARGED.
FOURTH DAY.
JuHr 1.-THE testimony in this wearisome case having
closed yesterday Mr. Jordan the part OF the defence
and M Han, TOR the prosecution, up this
ing each being restricted by stipuation. to twenty
minutes. which they. however some what exceeded.
All lucid charge from the Recorder ia which he d
rcted The attention of the Jury those points of the evil
dercc which conflicting and which it would be their
province 10 weigh.
r Jordan required the Court to charge as legal pro,
position bat nroadwen stood impeached and the iury
could not give eredtnce TO his testimony: and further
that in an indictment for rury there must be two Wit
ncstes in order 70 warrant a conviction
Tbs The Recorder declined TO do saying ID for them
y say how far They would give him credonce and strongly
horating surrounding circumstances may supply the
want q a second witness; and the jury retired
They returned after absence Of some time aud in
CURED whether laying hs hand On Ferguson by Brush
would he an assault
The Recorder said they Judge Of that If it were
done angiy Extensively i certainly would be an
fault.
About four O'Clock they in again and said it wa
impossible they could agree wherapon they were dis
charged from further consideration of the case
HIGHWAY ROBBERY.
Thomas FaIren. airs Sullivan young man u wears
o. age was indicted for robbing old 0rson
Mnafa on the night Of the 2jd of May West street
81 Two dollar bills The prosecutor deposed that he
down Nesey street when the prisoner and another man
attacked him took his wallet of his rantaoons noc
cts ana on has following them the who robbed him
pushed him into the dock. William butcher n bow about
II years old proved that he shut ont and was DOSING
on potato stand IN the market when he and
Witnessed the whole transaction. lie pulled the old man
out OF the water Ecth witnesses certain to the
prisoners identity The Jury after short absence re-
turned verdict Of guilty Mr. Snebley objected that
the Indictment did not aege that the prisoner with
person unknown committed the offence which proved
10 be the fact by the evidence. Mr. Hall said IL was on
onal to ndict separately jointly and the Court held
II was 20; but application Of counsel suspended judy
ment till Monday next.
Superior Court-Part Second.
Before Hon Judge Campbel