The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-22
The Divorce Case.


/ CATHERINE +. p. WALKER, BY HER NEXT FRIEND,
I CHRISTIAN S. SLOANE, vs. wILDEs p. wALxEE.
Before Hon. Judge Ingriham.
| WEDNESDAY, June p.
The examination Of Francs Malcolm. witaess for
the plaintiff, resumed to-day. lie deposed:
lived in Williamsburg during the year 1885, don't
know where my wife is al the present time.
William S. Birch being sworn deposcd-I live at
l01 Essex street. a car driver on tse Third
avenue railroad have been turnkey in the Ell.
bridge street jail, and have seen Walker there
remained turnkey at this Jail for five, Fix or seven
months after Walker arrived there / then left the
Jail, and returned six or seven months before Rue
left Rue lett in January 1858; Mr.. Rue was jailor
y under Mr. Carnley at the time that returned
think that Walker occupied the third room from the
rear; he also occupied at another time the rear
room which looked ont on the prison yard and on
the houses in Forsyth and Walker streets | have
seen ladies called Miss Pei and MRS. Warren III the
Walker street houses | bave-seen Walker mixing
Signs sometimes to Mrs. Warren, ana sometimes 10
Miss Pell, who replied in the way Ihave
seen them making signs on numerous occasions;
Walker has spoken to me on the subject Of
these, signs; lie told me that this. WIS a
formal way he had OF telcgraphig, end that he
had taught these women the signs In question
4 have been to Mrs. Warmers house at Walkers re-
guest, and have taken pamphlets, letters and shirts
u
have brought letters and pamphlets back in ex-
change; at one time when Walker went out of the
jail with me he said, "Bl let 60 round and meet
some OF the girls Tonight Walker told me also
that Mss Pels sister had baby, and if he could gc
! chance he would make one Tor her; he asked
/ to get him leave to go round to the conectloner's
shop and meet Mrs Warner there; he said that Mrs.
Warner would let him know when her husband went
out, and then she would meet him; went out to Divi
sion street with him (Walkerl and we saw Miss Pei
and Mrs. Warner there; Walker asked me another
occasion to obtain for him the privilege of going t.
ball with Miss Pell; Mrs. Warner used to come to
the Jail; let her i'll sometimes; | have seen her
there once or twice; on one occasion saw Miss Pell
there; the first time Mrs. Warner came to the Jail
she was in company with a Mrs. Malcolm; they
! went into Mr.. Walkers room; went in also aud
found Walker sitting on his bed; the others were
sitting on the opposite side; they had little brandy
and were taking drink; Mrs. Warner had her shawl
OIL; she had small child with her Mrs Malcolm had
her bonnet and shawl off, they might have been there
an hour or SO this time, cannot say precisely how
long; think it was who let them OUT and before
did so, went to see if any one watching;
when told them that nobody was there, they went
out Mrs. Malcolm was there fifteen or twenty times
my knowledge, but cannot say positively; was
not ut the prison all the time; Mrs. Malcolm used to
come to the prison sometimes in the forenoon and
sometimes in the afternoon; she used to go to
Walkers room; remember on one occasion l was
outside the window and saw Walker and her sitting
on the bed, side by side; Walker had his arm round
her neck; they were close together, Mrs. Malcolm
sitting on the edge of the bed with foot resting
on her knee; then went to the top Of the shed to
see what was going on; | afterwards went to
Walkers room and or the way met Mr.. Bobo; when
reached Walkers's room found the door hooked;
when it was opened the same lady and Walker were
there; BObo and went in together; no other per-
sons were in the room; when went in, saw Mrs.
Malcolm sitting on the bed; she looked rather
flushed, and her hair was disturbed; it was warm
day; her dress seemed somewhat wrinkled and she
, common ;ed smoothing 1t.
Crossexamined-I was born in New Jersey, and
have lived here twelve or fifteen years. know the
localities of the city toeraby well; don't know
what distance it is from the rear of E}rdge street
Jail to the houses in Walker street; am macbnist
but have not worked at my trade since my fnger
was cut OIL; the windows Of the Eldrdge street Jail
are cross barred with iron; there might be eight or
Six inches between the bars; l have seen into the
yards of the Walker street houses from Mr.. Walkers
room in the Jail; was in the habit of receiving
money rom Mr.. Walker as compensation for my
services in carrying packages, &c to the hest Of my
recollection went out with Walker some fifteen or
twenty times; was not discharged from the Jail for
getting drunk all the occurrences of which have
81 oxen in my examination in chief are confined to
the time when was last turnkey; do not recoilect
WREN the conversation took place in which Walker
said to me, "Bill, come let MS go and sec the girls
Tonight" did not go with him that night; did
not understand the signs which Walker made on his
fingers fu Their than what he told me- could see the
women making signs in return, but dosnot know
whether they were the same; do not know
whether Mrs. Warner ever made any shirts for
Walker; Mr. Smith objected to my taking him out of
the jail because he said that Walker was slippery
customer, but persisted in doing sos the occasion
| that have alluded to before when we went to Di-
vision street to Mrs. Pell and Mrs. Warner Walk
er went into the confectionery store, where he
spent some five or ten minutes; when Walker asked
ne to let him escape from the Jail, / told him
would if could; do not recollect when this
satioA took place; think that Mrs. Smith was at
home the day that Mrs. Malcolm was in the cell with
Walker when they had brandy and water never
told any one OF this scene before told Messrs. Mar
tin Strong and A. F. Smith, after found it out
thought it was none Of my business; did not report
what saw wrong to my employer; when went on
the shed to see what was going on in Walker cell,
cannot recollect whether his window open
shut; the backs of Walker and Mrs. Macomb were
turned towards me at the time but could see the
position OF the latter's feet; | made no remarks
| when | went into the cell; Mrs. Malcolm remained
there some time after; cannot say how long; was
not dismissed from the Jail by Mr.. Smith; left of
| my own accord.
Q. Did You ever make an affidavit on behalf of
| Mr.. Walker that you never admitted a woman into
the Jail to see Mr.. Walker or ever left him alone
| with any woman?
Mr.. Blunt objected to this question on the ground
that the paper, any existed ought to be produced.
While the learned counsel was stating his objections
the witness was seized with fit, and it became ne
cessary to remove him, and suspend his examna-
ton.
George w. Hull deposed-I am a conductor on
the Third avenue railway; part of the year 1853 |
resided at 257 Walker street; know the Edridge
street Jail; my house the south side of
Walker street, between Alien and Eldrdge; am
!
third 1oor both in the front and rear; there was
yard attached to that house, and the end fence Of
my yard was against the corner OF the yard of the
Eldridge street jail; several families resided in the
same house with me, and among them | recollect
Mr.. Lacy and Mr.. Warmers | know Miss Pell; she
then resided with me- from the rear windows Of the
house occupied could command q full view of
the rear windows Of the jail; my attention has
been attracted by seeing fingers poked through the
bars, manGuvrng; endeavored TO find out what
tie party inside of the bars was dong; one Sunday
undertook to fhannuvre myself TO the person in
The jail, but could understand nothing; occupied
the premises No. 257 Walker street for two
years and left them some time in July, 1853;
| raw these signs some time in the sum
ner or fall of 1852; | noticed these
signs almost every time sat down at the window;
they were kept up until lett; between the lst Of
May and July, 1853, noticed teegrapbing from the
house lived in to the JAIL this telegraphng came
from an addition to the bouse, which was like
| Kitchen In the L IL amnst day.