New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-05

character now about now, bat not Of A child thir.
teen years ago. 20 impeAch her present statements
MIR. orc. c0nteDced tncy have right 10 show
character then. They intend to bring II dosn.
Tie Court thought the testimony might be al
mitted. but whether the Jury, Al so remote g nne.
would ave weight, Is for them to say
WHnsss-She was IN my family about Ten days.
! cid not know anything against her charsstet
when employed her or | should not have en-.
pioJed her. but amer she had stolen lccjecssd toi
bad.
Prom your knowledge Of her character, would
you conhce IN her statements on oath
Objected 10, on account of time, bat allowed The
Judge said Il would all ~ Ter - remote period
A-lnleSS her character has changed maeually,
| would not believe her on oath have not seen
her since.
Q.-Whers did she 30 to from your house
i icoA her 10 the Upper Police
The Judge though that mad ALREADY been sho vn.
Q-liOw many servants had you At shat time
Objected to. Mr. orc. puTposed 20 prose,he SAID.
that what she sand as 10 a girl living there hand
ing her what she had been emerged With. was I'M
true that she stole Eve soveresns from her fellow
servant Bridget. watch from tae next house by So
ing over the roo that witness had TO servant
named Martha that Anna's mother was not A. tho
house, aud that what she SAID As q the servant be-
ing also sent TO the House OF Refuge. was untrue.
VT. Van b still objected
The Court thought that such particulars could not
&c gis en- as 10 character. the rule THAI II vssd
De calling one witness % give different statement
tween them.
Mr. Van had No questions to ask
Nm. L. FoSter, sworn.-ReSiie a, Rochester is in
the forwarding business knew Miss Josephine
Clifton by siehs.
Q.-Did you, al any time, see Mr. Forres! in com.
pany with her.
Mr Van b. wished TO know what Mt orc. IN.
MIR. o'C- said show unbecomimg conduc,
GibsiN tate the opening.
Mr.. Van Il. objected 20 the testimony for psinnf
beng ain opened. They should nave exhausted
their testimony before resting. or given notice
They 'tattd their only reservation was as 20 some
acmlSSoIs OF Mr. + This the CcnI. ruled out next
morning, and We supposed they had rested This
case asSmllateS to one Il adultery and the plaintiff
was bound 20 exhaust her testimony before resting.
or giving notice ofWhat more they intended To show
There has been 70 evidence whatever introduced
by defendant 20 re'rt The statements OF plaintiff,
u roi teng considered Iecess,ry aniItiS, there
fore, case peculiarly wherein should no. be opened
A. seceS.ity wcu'c arse OF rchuf'ng.
Nr. orc. sad the testimony not Oeoye IN their
power, aud he contented u Shoald be admitted
Nr. Van Il. reiterated ard read that A plaintiff
must exhaust ms or her testimony before resting,
ard can only bring up, atierward. testimony to re.
but testimony n defense, with exceptions IN DIS
cTeton Of Cont
The Court, under us power Of opening proceed
ing AZ It's discretion, thought the case could be re-
opened. motion. at the close OF the testimony foe
paIEtif thai the case should be considered closed.
vas deIec, 80 that defendant had notice 10 that
effect The Judge said he had always reOpened
where injury would not accrue 10 defendant, and
Nh +. is well prepared now, probably, To deiesd
as he ras then. II peculiar case, where there
are two issues, and the whole truth, on every ac-
count, should be shown. Testimony admitted
WHneSS--I SAW Mr. Forrest aud Miss Clifton to-
gelher AZ 1872 at Albany, IN Two places, once a. tho
theater, another time At the Eagle tavern Was
stopping there SOmetme m November or Decem-
Der saw them stopping there, IN the morning before
breakfast saw Nh Forrest coming out OF room OPP
pOsite 70 the room In which was he stepped for
WARD step or tgO toward room adjoining the
10. ONT, f thorn IA 81 IN
door Of the room be stepped out OF and gave some
signal Alr F. stopped his course and stepped back
IN the door he stood and talked 10 the person
within the room, and while IN that position closed
uiy door and started to go down Stars. When got
to the head OF the stairs ard turned TO go down that
brought them IN 'front.' Of NE again. The door was
then closed, and he was gong back to the Other
room To which he WAS going when saw him that
all saw. saw the face OF The person that was
IN the room | supposed 1t 30 be Miss Clifton be-
heyed it to be So Mr. +. was IN an undreSs, With .
cloak thrown over his shoulders had nothing on
out his linen and a cloak.
CroSs-eraut ined-It was between and O'Clock
IN the morning cannot give the day or The month
twas 1912, November or December the whole Of
II occupied halt a moment cannot tell what the
signal was 1t was with the yoice-a call did not
hear any name, only sound did not go back
20 NV room, but stood 1T the door there wS
no one else III the entry saw Mr.. +. and Miss
e. playtrg together at the theaier the night before
was not IN the room, nor ever IN 1t, where sup
posed Miss Clifton was Cannot say whether a. was
q stlng room or bedroom came 10 town ISL OF
this month as a witness lett Albany lsI January
was subpenaed At Albany by person named strong.
stated 10 peTsoU reading abon. this trial, what
/ had seen aud was headed off az Albany, where
was on business did rot expect 10 TO subpenaed
Mr. Van -. asked him II he was not surprised at
beiI here The witness said he WIS. Mr.. Van
Buren remarked, - so am l." "A laugh
Mr. orc requested the Court 10 apprse the audi
ence that this not theateT. The Judge said he
had given strict notice 10 that effect.
1T may De due TO the Court and audience TO say
that everything has been conducted with the utmost
quiet and order, some fhrce or four occasions ONLY
occurring where there has been manifestation VI
applause or otherwise
Adjourned 20 Monday.