The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-23

The Walker Davsrcc Case.
COMMON PLKAs-PART II.
CATHERINE r. p. WALKER, By HER NEXT Friend,
CHRISTIAN 8. SLOANE, ys. wILDEs r. wALKEa.
Before Hon. Judge Ingraham.
FOURTH DAY.
JUNE 22-The court room was densely crowded
This morning, and the interest in the result of the
suit seems TO be increasing as the proceedings pro-
gress. The auditors entirely of the male sex.
The plaintiff and one lady friend, together with her
father and other friends were seated near the coun-
eel.
The cross examination OF William S. Birch, wit
ness for the plaintiff, (Which was postponed yeser
day in consequence of his iness,) was resumed to-
day. Witness deposed as follows -
To Mr.. Busteed-I made the affidavit about
Walker before Commissioner, whose name I do
not remember; Mr.. Walker took the affidavit after
wards; it was read over to me in the presence Of
Mr.. Smith (the jailor) and his wife before signed
Q. Did you not in that affidavit swear that you
never left any woman alone in the Jail with Walker,
or knew OF his being alone with any woman2
Mr.. Blunt objected, OH the ground that the paper
tselt should be produced in evidence.
The Court thought the question Objectionable in
Is present form.
Mr.. Busted said that he was prepared to show
that the paper was lost-that he would further
show its contents the time when, and the circum-
stances under which it was lost. He proposed to
prove this by Mr.. Walker, the defendant.
Mr. Blunt said that the first thing 70 be done was
70 show the loss of the paper. Other objections
would be made hereafter but that should be proved
first.
Examination continued-To Mr.. Blunt-I never
read this paper myself; Wides p. Walker read it
TO me; i have no knowledge whether he read it
correctly; Mr.. Walker requested me to come to the
Jail; he came out to see me at Sxty-irst street;
cannot recollect what time OF day it was that
he came; went to him the next day; on
arriving at the Jail | found Walker in
the front basement; Mr.. and Mrs. Smith
signed nor read to me in that room; I went with
Mr. Smith, his wife, George Watson aud Mr..
Walker to the front room above the basement;
the paper was read to me quite fast by Walker; FL.
G. Smith, Geo. Watson and Mr.. Walker accompanied
me to the Office of the Commissioner; after having
sworn before the Commissioner all four of rs left in
company; never had the paper in my hands after
had sworn to it; after the Commissioner xed his
name Walker took it, it was not read to me in the
commissioners office; did not see that paper after
left the Office
To Mr.. Busteed-The additions or alterations to
the paper were made at my suggestion; understood
what was read to me; knew when the paper was
read to that was about to swear to the truth OF
its contents; did not read the paper myself, be-
it correctly.
To Mr.. Blunt swore to it under the supposition
that Walker had read it co, rectly.
To juror was not sworn officer while act
ing as turnkey.
Mr. Busted then proposed to examine the de.
PENDANT as to the loss of the paper.
Mr. Blunt objected-He said that the Commits
sioner ought to be examined touching this matter.
The objection was overruled by the Court
Wildes P. Walker being sworn, deposed-T am
the defendant in this action; l know William s.
Birch; have heard his testimonyin relation to an
affidavit he made for me; the affidavit was handed
to me by the Commissioner, after he had signed it,
and put it into my pocket; have not got it; |
have searched for it; last saw it in the Court Of
DInno rhnv~a AG
Bobo was taken de bene esse; our papers became
mixed, and have not seen !. since; do not know
where it is.
To Mr. Blunt cannot say when the examine
April last, before Judge Woodruff; / was there
alone without counsel that day; Mr.. Watson was
not there; did not miss the paper till got to the
Martin (plaintiifs attorney till the next day. when
asked him if he had paper of mine; that paper
was not used upon the examination Of Colonel Bobo;
ton of Colonel Bobo on that day; cannot say at
what period Of the examination of Colonel Bobo the
loss Of the paper took place; it was the next time
saw Mr.. Martin that asked him for the papers;
cannot recOllect the date.
70 Mr. Busteed-I am not certain who took the
minutes of Bobos examination on the day the paper
was lost.
Mr.. Busted then proposed that the plaintiff
might examine the defendant as to the whole issue.
Mr.. Blunt was obliged to the defendants counsel
FOR giving him what the law allows, but when he
went into the enemys camp, he would pick his
soldiers.
kaac P. Martin, attorney for the plaintiff, being
sworn, deposed: l attended and conducted the ex-
animation of Colonel Bobo, on the day alluded to;
was there the whole time; never saw the paper
alleged to be lost in my life; Mr.. Walker never
showed it to me; It was on the occasion of Mr..
gtura's examination that Mr. Walker asked me if
bad any of his papeh.
papers and mine should not be mixed, on the day
Of Bobo's examination; kept mine in my hat.
William S. Birch was called to the stand again.
Mr.. Busted then renewed his question, inserted
already with reference to the facts sworn to by
witness in his deposition taken before the Commits
sioner.
Mr.. Blunt again objected, and said he had no
doubt that, where paper is proved to have been
lost parole evidence Of its contents is admissible.
II was however, the privilege of the witness in this
case, to decline answering-that was considera-
a er s ~ evidence 81 s ss Of sss
paper had not been produced. Another objec-
ton was that the question was too leading.
II the witness chose to answer, ne should proceed
by himself to state the contents Of the paper.
The Judge thought that there was sufficient evil
dence of the loss of the paper.
Examination OF VIM. S. Birch continued. He de-
posed cannot state what was in that affidavit
only recoect two questions that were put to me
do not recolect whether did or did not swear in
that affidavit that never left any woman alone in
the Jail with Walker; do not recollect
not give the date when Mrs. Warmers visits to the
Jail commenced, but think it was in the summer
season; have seen Mr. Warner three or four times;
recollect that he twice visited Walker in Jail; he
may have visited him oftener; 40 not know whe-
ther he brought any packages to Walker.
To Mr.. Bunt--At the time that Walker called
upon me in Sixty.frst street. he said he wished to
see me; he asked me if l knew what they were try
ing to do with him; answered did not; he said
that his wife was trying to get divorce from him;
said had heard nothing about it; he then asked
whether he could not see me, and made an ap.
pointment to meet him at the corner Of Bowery and
Grand met him there, and he requested me then
10 come to Eldridge street Jail; when went the
next day to the JAIL found the paper already pre-.
pared.
To q Juror-I never went with Walker to house
Of i'll fame.
FrancisJ. Young, previously sworn, examined by
Mr.. Smith:
company of any woman2