The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-29

TAe walker Dsvsroe Oass.
COMMON PLKAs-PART II.
sAyHznnE p. p. wALKsR, NJ HEM NETT FRIEND,
CHRISTIAN 9. SLOANE, vs. wlLDEs r. wALKER.
Before Hon. Judge Ingraham.
NINTH DAY.
jun pa crowded court room, a. usual this morn
ing The examination Of sockbrdge Eaton witness
for the defence was resumed by Mr.. Blunt.
Mr.. Blunt asked the witness for the register.
Mr. Busted said that he had advised the witness in
view of the purposes to which counsel had put the regis
ter yesterday, to decline giving it up.
The Court said that the register must be considered as
evidence It related to all the parties this case
witness-I saw Mrs. Walker riding with Dr.. Heartwsn
once in 1885, the time she went with him Bath
think have her ride with him than In
that year; cannot specify in which visit it was
she rode with DR.. Heartwen, other than the time
she went TO Bath cannot tell whether It before
after she went to Bath that shs went out to ride with
house In 1916 after she rode out with Heartwel
cannot any time Of day when Mrs. Walker rode with
Dr. Heartwe in 1885, abe frequently rode with him in
that year. when say frequently don't specify any
number Of times; it was a common occurrence
O. Are you prepared TO sta that in 1916 you her
ride with him more than twice.
A. cannot state; cannot tell wko at my house
ct any time when Mr. Walker rode with DR.. Heartwen
other than when they went to Bath the company
Q. Did Mrs. walker ride with Dr. Heartwel any two
A. don't know for certainty; cannot state; Or.
Heartwel at Harpsweli when Mr.. Walker was
At NV house any three Consecutive DAYS after her hus
band was there; think she was, however; have
Mrs. Walker walk with Dr. Heartwel in the yard and
about the premises do not know what time of day she
walked with him.
O Did you ever see her walk with him more than once
A. presume that have cannot tell the time when
on the first OF last occasion they walked together
ing together don't know whether Mr. Fuller was there
in ls46 when Mrs Walker and Dr. Heartwen walked to-
Q. Who was present when, in ls47, you refused Mrs.
walker 2. board fs At your h0use'
Q. Did you not state that in 1s47 she came down
day two before the cutter, and then
fused board at your house2
A. made mistake.
Q. Did the revenue cutter party come in 1887
A. That cannot ten the refusal TO board her
thought made before the Gutter party came
think now; cannot state in what year the revenue
cutter party camel could not tell who present when
refused Mrs. Walker board at my house; think Mrs.
evening" ana think she sp
staid in small room and went away the next day
Q. Who was preseat at the time you refused herr
A. don't recollect we were inside OF the house either
in the sitting room or In the bar
@ Did not Mrs W and he, family board at your house
A. She might have been there; think she did not.
Q. Did she not board in Jour house-comng there
dren for three daysY
A. have recollection OF it.
Q. Where is the register of 1882
A. laid it on the table this morning
Q. Produce 1t.
Mr. Busted objected the production Of the register
O. Look at the entry under the nth of August, and
state in whose handwriting it is9
A. don't know In whose handwriting it is.
Witnese-I recolec Mr. and Mrs. being there in
1913; Mrs Stone relation Of Mr.. Walker
viii annOf II VIII Mr. and
Mrs. Stone came from.
@ Turning back to August, 1s47, SEQ II you find
Objected to by Mr. Busteed and objection maintained
book in evidence to prove that the of Mrs. Walker
w1s not on 1t during the years 1s4o and 1s47.
The Court said that the book not evidence Of itself
to the jury it could only be used by the witness to
witne.s-(after examination Of the register)- do
not find her name there during 1s47.
O. During the time Of Mrs. Walkers visit in 1S4s
Or Heartwen there'
A. think he was.
Q. Are you confident he WASP
A. No; think he was in my house in 1S48.
Is your impression - to this strong in regard
to other facts to which you have testifed2
A. As strong AZ some Of them Mrs Slade at my
house in 1885, Mrs. Walker her children were there
cd the day; do not remember whether Dr. Heart
vel has been to my house since l847 myself and my
about twenty years Of age now think have seen
Mrs Walker Dr. Aeartwe at table sinoe1s4s
ls4s; perhaps they not there together in ls4s
Did you not say that you refused Mrs. Walker board
A. think 1t was in ls4s that refused her board.
@ Are you prepared to state that you ever them
at table together except in 1s45S
A; think am; do not know who sat opposite to Mrs.
@ Did you ever zee Mrs. Wall er and DR. Hearsve side
by side at the table more than once in lS461
@ the time when Walker and vesey called on you
this spring. did either Of them exhibit to you letter.
nYUofh 0v
Q Did either Of them state to you that Mrs. Walker
had slandersd or spoken disparsgngy of houses
Witness-The register Of ls4s is lost; the last time
saw It was when moved out Of the house, left the
these books was when they in this city, in Mr..
Walkers possession.
Q VIII you take this register for the year 1s4s, and
see whether MIS- Walkers name appears there than
at sliS
The answer that Mrs. Walkers name only appeared
once and Dr. Heartwes not at all was admitted by the
counsel for the defence.
witness-Dr Hesrtwens name appeared in the regis.
ter on the l4th OF August lS47 as the only time that
To Mr.. Busteed--Mr Adams took the house At Harps.
well after me- the house has undergone changes since
left 1T registers do not show the Of all the per-
sons who visited my hotel how long they remained
there never made the entries myself in my register,
nor can rely them correct entries for any
pose, except as have seen them made; the registers
were accessible to any person who visited the hotel
story was put on top and the cook and bar
changed Idon know that changes made in the
bedrooms or dinngr0om; If saw entries in the register
In the handwriting Of parties whom knew could rely
upon them.
Is not your register evidence to your mind OF the
fact that the parties whose written there
there at those dates7
A. Yes.
To Juror have never seen any other improper
duct between Mrs. Walker and Dr. Heartwell than ia
miarity passing between them at table, and their walk
ing round the premises together she IA ult finding
wcman-a troublesome boarder.
1hos. Carnley, examined by Mr.. Churchill-Was
Sheriff up to 1858; knows Walker.
O. When he arrested
Objected to, the ground that the order of arrest
should be produced.
The Court sad that the counsel might 20 with the
examination independent of the contents the paper
Whnes-Waker was arrested and held to bail for
$4,000; was at the suit Of Croker he remained in
my custody till handed him to the present Sheriff.
had execution against him in February, 1852; he
In custody at the time: that also at the suit of
Crooker.
John Van Nuyse, examined BY Mr. Busteed-I live In