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

Ger bleoes and bsck, anc large swelling % the
inches in diameter pissed my hand over his head.
| 'ouIo II knctied With SwellLgs; the stripes were
across theback and the back OF the right arm do
not know thai they were on both arms Examined
| the lore part o. his person. found no bfuise nor
MARKS OF any kind. believe there was q scratch on
me forehead bat slishi that hardly observed IT,
IKE The sight scratch Of pin there was most dis
coloresion on the shoulder blades and back.
since that iime'
OBJECTED to. MI Van Buren, said Mr. ". has been
| we'd and Ill dozen times since then he was hear
| :! when we had the on before.
| The Court shoughtthe question ne. admissible.
trcss errm,-sd-Do not fecollect what medicine
gave MN IN the month OF June have no doubt bat
gave MN medicine he was al irregular inserva AIS
that month, about bis Ordinary occupation do not
snow whether he went to parties before aud after
The occurrences met hun sometimes in the street ;
| mn The ssin was not broken any where, except
what was stated as to the forehead did not eiye him
| any medlciie advised external aopli ztons-arnSa
to be rubbed on with the hands rnica is q plant
! vegetable did rot advise anythng else except %
| TO quiet advised that on account OF his general
health and what might be the effect Of this was ex-
amred on this trial before do not knowif an
swerec that d not prescribe any thing do Hopre-
| member how ! came to examine, whether was
| sent for or | was on visit a. his house l had
| been conversng with Mrs Willis and when Mr.. w,
came IN asked him TO let me examine his wounds ;
be came IN with his dressing gown on he asked me to
wax Up stairs 70 his room, which did he stripped
| Inn ef took CT everything above his paEtalooHs
be was stripped about five minutes do no; recoect
ii said Oh last trial that he wal stripped twenty
minutes; he might have been ten minutes long
enough TO examine hin do not know IL suit had
been entered did not hear that any had; do not
collect the Lumber OF marks on his person: there
were moro than enc, there were several have
vogue recollection that there was dscolorstion
the left arm as well as night the swelling was q
little below the back OF the ear on the right side do
not remember that ever examined him before or
passed my hard over his head cid 80 after that to
see II the prttuberapces were gone do not know il
Mr. dVaS Srp fno hav Law al fOp
party, but should say not; do not know whether
he dined out that day do no. recoliect having met
him In the street that day do not recollect when
ne H saw him.
Dveet-At The time passed my hand over his
head after that Mr.. W called my attention to the
TACT that the swellings were disappearing, and
Mr. Sanford, for plaintiff said they had other testi
mony TO coroborate the manner of the assault, but
they would not offer 1t unless the testimony already
In was attacked.
Mr. Van Buren, said they did mean TO attack 1t,
and to show that the assault did not take place
charged. 1t would be proper for the other side to
exhaust their testimony.
The Court thought as general rule, ii is proper,
before resting, to exhaust the testimony
twas then understood that the plaintiff rested, OK.
cept for rebutting testimony.
Mr. Van BnIen then opened the case for defend
ant at considerable length, and said he would show
provocation to the very time OF the difficulty. On
the conclusion of his remarks, he called Mrs I'm
derwood.
Christina Undertrood, swors-Did not live With
Mrs. Forrest in 1914 and lSi5, but was in the habit
Of calling there called there about three days be-
fore she left for England
Q-Do you recoilect Mr. Willis calling there
Mr. SANFORD would like to know the object Of
the inquiry in 1874 and lSf5.
MIR. Van Buren, said he would provo by this and
other witnesses, an intimacy which he shall argue
to be a criminal intercourse, which commenced In
1874 ard continued till May, 1850.
MIR. Sanford said he stated at the opening they
would object to any such evidence Some has been
admitted II the Court thinks proper to allow that
inquiry, we will SO into It, but II they fail we shall
visit IL as calumny, and punish IL as II deserves.
Mr.. Van d. said they are willing to take all the
consequences that may arise from the testimony.
It's true part OF the testimony was offered In another
trial, but in that we had conflict with woman,
and every one knows the chance as to that, but
now the case Is different, &c.
Mr. Sanford said ne would object to the introduce.
ton 0ftestimoDy irrelevant to the case or to publ.
cation being offered in evidence relative to which q
suit for libel has been entered by Mr. Forrest against
Mr.. Willis. Mr.. s. cited cases to show that the
think proper to go into the inquiry as to to alleged
intimacy, We are ready to meet II, and show that
there is not particle OF truth in It.,
Mr.. Van b. insisted he had right to go into evil
dence OF the kind and also to show that the puolca
ton while Mr.. Forrest was out OF town. and
that the knowledge OF intimacy between plaintiff and
Mrs F. had but recently been communicated to
Mr.. +.
The Court said that where provocaticn has been
recent that passion has not had time to COOL prov
ocaton is admitted by the law in mitigation but
where sufficient time has elapsed 10 adm; OF tns ex
crcise OF reason, tie party, If he feels agsreved
must resor 10 the Law for redress and cannot show,
In case like this, pfovocatton. The witness was
set ASIDE.
Henry Dovgherfy, called by Mr.. Van and sworn
Reside In FIankinst. do not know plaintiff ex-
cept by sight know deieDdent was in Washington
PARADE GTOuno when adlficulty occurred between
Mr. Forrest and Mr.. Willis Mr.. w. was first OBJ
served on south side OF the street, below McDougal
MI F. then moved toward the gate opposite Thomo-
the south side OF the square he moved that
way lbs de of the square parallel With Fourlhss.'
Mr.. W. came up FOuIh and entered one OF the
gates on the south west corner OF the square / was
vey he gaze, within 30 feet OF ], a. the time
he entered Was standing still Mr.. w. took the
road leading diaginolly across the square was
walking in the same path, and he passed me as Mr.
w passed me observed Mr.. +. coming across the
grass on my right he was coming from the south
side OF the square Mr. w. was ten or twelve feet
from me, IN font at that time Mr. F. came into the
path behind Mr.. w. and Just IN front of me / saw
bin oyeTtake Mr.. Willis Mr F. put his hand on Mr..
WIS right shoulder AID said something to him,
which / did lot hear did not hear Mr.. w.
make any reply; Mr.. w. turned to the right
ard then they were standing face 10 face saw Mr..
strike him he struck him twice first struck him
with the right hand on Mr.. w S face then Mr. w:
was either turned round by the blow, or turned round
himself and Mr.. F. struck him blow behind the
right ear the effect Of both the blows was 10 knock
Mr.. w. down, was about ten feet OIL l suppose
might have been a little more, as when MI w turn
ed stepped back two or three steps saw Mr.. +:
strike him with the whip no person in.erposed till
the policeman came up; Mr. w. was on ms knees or
hsuDches-he scrambled round, once on his hsunch-
es and then on his knees did not notice whether
MT Forrest had hold OF bin think he did not Mr.
w put his hands top Of his head as II to protect
himfeif; Mr. + first took small cane from M. VS.
hands and struck him seversl blows with It, he then
drew from beneath his vest a whip, and whipped
bIm win 1t over the shoulders and back noticed
Mr. w. when Mr.. F. first spoke TO him; he said
nothing but raised his right hand TO his breast 1t
was about as Mr. Forrest struck him FIRST lard Mr.
w. while Mr. F. was whipping him cry for police,
and say" take him of take hin of"
QNWhst cid Mr.. Forrest say.
OtJectedto
Wlnsss. The Police came up in three or fouI
minutes; Mr.. Andrew Stevens was also there DO
NOT know where he is or whether he Is absent from
the CITY last saw bin on 5.h January last went 70
the Police Office with Mr.. w. and Mr.. +.
Q. In what manner did he walS, as indicating
strength or weakness
Objected to as not an expert Allowed:
Wifness-He was walking gaily, passed me with q