The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-05


rally what the character had been before.
The Chief Justice esid the examination went TO the
not remember that the evidence general character
30 be confined to any particular period though the
moepess of the time might render Of little importance
and cause II to have little weight with the jury
yerpg person might have done something to prejudice
her in the opinion Of her and others and
i might and might not be Of much Importance but he
did no. know that it was incompetent
NJ Van Buren, excepted to this ruling Exception
noted.
Witness continued Odd you at that time become
acquainted with the general character Of Anna Dempsey
A-she in my family only sboat ten days; OF
didn't know anything against her character or would
not Lave employed her she stated her 70 be- fourteen
.teen at that time her character vas bad Q.-from
the degree and extent to which you found Ler character
20 be bad, would you believe her on oath
Mr.. Van Buren, objected The Cour. admitted, and
counsel excepted. Question repeated A-uniess her
character ba. changed materially would not believe
he- under oath have not her since then think
took her to the Upper Police.
Mr. Van Buren, objected
think is competent to oer any evidence show that
Anna Flowers made an incorrect statement as TO that
Transaction.
o. How many servants had you at that time,
Ar Van Buren, objected The object q the question
Mr. o'Conor-I purpose to show that Ann, Flower,
stole money from Dr Lee several times that she stole
FIVE half eagles her fellow servant that he stole
watch by going out the goof Of the house and rto
Miss Forbes who resided next door; that Or Lee
bad no little gin at that time named hargare.
,apt that the only servant was woman nsmei
ing the innocent receiver cf The ysteh f- the e.hs
servant, untrue.
Nlr. Van Buren, suggested that a corp., or MURDERS
might be added to the LIS. (Lauehter)
The Chief Justice did not consider The odeg competent.
and Mr. o'Conor excepted . the rulias
Tie witness not cross examined
William G. Foster wa, next examineI and tsDosa1--I
reside in Rochester an new epgagei in ire forward
ing business have seen Mr. Edwin Forrest knew
Mis-. Josephine Clifton By siaht Q-Dii you AZ any
time see Mr. Forrest in Company Nth Miss josephine
Clifton?
II, yon D,re, ua,4ai ~ ,now vba. ,hav i,,a,dal
"a move
Nr OConor-An undue familiarity between ir For.
rest and Miss Clifton aa 70 e,aha lie cas- We chaxe
il cur oppnirr
Nr. Van pufen-What !, the reason that Il va. 10.
Mr. O'Conor-That viii b. eyu.ainpi
M Van Buren, Objected u cher eniny The pain.
ti Gaze lie supposed taere would be very little diff.
centon. were yerv Limited IN thfs th.re ve-e Two
or three reasons why there Should not be any TIE
court would remember the manor IL which Ito Main
til hsa rested lie cssa Ia Is- Van pr-anY hps then
ASKED tie court 10 70 exhaust the testinopv
and rot to Introduce sn7 frrther ana thou,h shey
was desirable tba, shnil otfv n en- 4. II fhe nare
al tbe evidence the7 wished . III ii There was no IN
raryin 49, 4, iayr \. 80 rS,ttsr 4, t,a sicr.on 10
hn CONT ONE noint VAS ma. -bfs vaa in fact verv
similar to criminal cas- in which the prosecutor was
70 exhans, Ms tpsti-o ara he thourh this
SIMILARITY ought "a prevent he admission Of further les
tinoTy bv ire ooprt H. .ha axsreisa al sound disore
ton The eetendant too having il view the vast mum
b.r Of charges in iii. case satisfied himself ia II the ca.e
os closed and had turned hi, attention 10 the recri
r,inatna chare n sutDprt III which il wa. necesary
Cav lin "a ca, tee.imany aoain nearlv al the:a
ch.T~s boa bs,n .ba sbiect az anotbsr spit in the
snnrrme Conrt in which tha- yrara Al denied and the
~. teraaa, M 80 ,ra.an+ai i.se1f !, -
a.rectsfJs. tpa saac+ tha+ tba rnn-sa asontad
had mon them Fhsv ala r9t auonosa thev had no
r;rlt to supno.e that e were roin now TO MAKE ont
acther case on fscts which ai haen Subjected n an
other jnye,qation Anoher Conclusive reason in hi,
mind why they should not Re ooen the was that the
~ anv mart AZ thsr bt confined Themselves en-
reIy 10 those char % the plaintiff The plain
IN case should be exhausted and where it requires
spv explanation hat act u y the defendant re-
oI,r. reInttny then in ,rc a ,as % they woud be Al
svea "a b here .ev haI all owed II 10 to the
xben, .ncb onswar bev nmst All conceive that
hi. w,s ~ he allowed thaa was no arch thing as ace
inc where it was to end FOR thev would be confined to
rether person time nor place in re opening this vast
number az charges Now 30 one had anticipated that
tnis would he brief Il auir7; but Jurors witnesses
court ard all interested ceasic ared there was proba
n there could be 40 hope Of the case terminal
ire al apy time within the LIFETIME Of any of them
Neiih.r necessity. expectancy or justice required he
submitted any departure from the ordinary course
Mr. Ccnor admitted there was no rule Of law on the
M rss I'M 70 drect .bs ordsr in which tse tessi
nacry should be taken In this case the court did
point direct that ere should be further tes
tuory fe.ed yet their authority equally great
exclude At the time that the plaintiffs case bad
rtued there netting occurred but as 70 wha. il
vas u his misfortune to ctter from the learned
gentleman. TIE srEea Judge had excluded certain
admissions 10 be proved by Mr Allen TINT stage OF
lie proceedings unless there were some facts proved
f-s Of which those adn ssions might be corrooorative
They tile llainti had offered this evdence promptly
possible and at the eariet possible moment that !.
cane into their power lie Thought his opponent was
d5suire totally wrong conclusion in ssying that be.
cSust trey fad not e'vn my evidence n defence ,hat
- lla,Dnn va ..eIsio.s' uot - -. ha an
he :. .a s ~ i. i ,:.i@ Ss
v ~ ros. nth bs sosvs tes,i
Lot 6 T. 70 WIN MS roois ntsu - ne tesl
rus nsu w ueie i -. ~. ei nsa;, ~
M. Oen NJ y ~ 80 - 80 ~; =;
ntufe me oeienoants couh t,s ~as IN -