The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-25

PLEAS-PART ~.
COMMON PLEAS-FAHI Ne
sxxumnSB " p WALKER, BIZ HER NEXT FRIEND,
1nnIsTIAN s. SLOANE, vs.. wILpEs r. wALEER
Before Hon. Judge Ingrahaan.


sxxumnSB r. y. WALKER, BIZ HER NEXT FRIEND
9nnzsTIkH s. SLOANE, vs.. wILDEs r. wALEER
Before Hon. Judge Ingrahan.
Jru 24.-The Court room was crowded, as usual,
nis morning, at the opening of this case.
After the names Of the jury were called, the ex-
saination Of Henry ]. Smith, witness for the de-
fspce, was continued by Mr.. Busted. He deposed:
-Isaw the AFFIDAVIT of Birch at the Commissioners
sface or at the bank; do not know the name Of the
Commissioner; it was read over by Mr.. Walker very
carefully to Birch; recolect part OF the contents
Of that affidavit.
Mr.. Blunt objected to the witness testifying to
part of the contents of the affidavit unless he could
ssstfy to all that it contained but the objection was
Cverruled by the Court.
Examination continued-That part of the affi-
lavh which i recollect is, that Birch distinctly
sre that he had never let woman into the jail to
zee Mr. Walker, or had never seen q woman alone
there with Walker; my wife was present at the time
NE aic ayit was read In the jail; took Walker to
Woodbury. Churchils Office about the insolvency
procee dngs; those gentlemen we're his lawyers; l
have not known Of women Wishing Walker in the
Jail more than three or four times.
Cfoss-examined by MIR. Blunt.-I came IN as
Keeper OF the Jail on the Sd Of January last year.
Q. When was the Jail last repaired by order Of
NE Board of Supervisors
A. About the month Of May, 1853 the altera.
icons made TO the shed were, six feet taken from it
and thrown into the engine house; these alterations
we're made on the south side next to Mr.. Walkers
window; three cross bars were put up inside, on
al the windows in the building, and locks were
taken off Of al the cell doors, repaired and put
back again; believe James Miller did these re-
pairs under the superintendent OF the Commits
siener of Repairs and Supplies Miller did the car
penter,s work, but do not know the name OF the
man who did the fastenings; have no recollection
Of letting in ienAse TO see Mr.. Walker while
IN prison; have at time seen two women
with Mr.. Bobo in Walkers cell; have seen wo.
men there three or fonr times, but do not recol
kct ever letting them out; when these women were
IN the prison they were not all the time under my
observation; OF my own knowledge | do not know
where they were; these visits began in February,
1858; the first two women | saw there were, l
think, Mrs. Malcomb and Miss Lman; was in my
Swn private apartment on the first story when saw
them; they came in and asked to see Walker, and
passed up stairs there is hall door separating the
fnison part of the building from the dwelling part
no one could pass up stairs without being seen;
Mere was no door between the back room and the
top of the stairs; there door in the upper hall,
which was kept locked to prevent the prisoners
coming down; cannot say who opened that door to
net the females pass; my wife was always in the
kitchen, which was adjoining the back room; Mr..
Watson was there at that time; don't think saw
he females como out upon that occasion; Iremain-
ed in that back room until got my dinner; they
went in just before dinner and they could not have
gone out without my seeing them; they came to
asked to see Walker; that was all that was said;
cannot say whether then knew their names;
harmed since that they were Mrs. Malcolm and Miss
Liman; the former told me her name herself when
met her in the street about a year afterwards, in
February last; never saw Mrs. Malcolm before then
than three or four times during that time only
knew her name by hearing my wife speak of her;
Miss Iiman / think made two visits to the prison.
i do not know who the lady was who accompanied
Mrs. Malcolm on her second visit; once she came
with Bobo; 60 not know whether ! have seen
Mrs. Warner or Miss Pell there; on one occasion
saw two ladies with Bobo, in Walkers cell; went
up for Turner, and found the door ajar; / cannot
say whether this was the first or second visit;
don't think went up on the occasion of their first
visit; Birch was turnkey during these visits; the
prisoner whom Birch took out and lost was named
Patrick Clark; l saw Turner in BARRIERS shop in
Ais city two or three days ago. since the trial COM
menced.
Q. Have you not been engaged in procuring wit
hesses for this defencei
A. No.
@ Have you not for some time past actually as
sisted in procuring witnesses for this defence?
A. / can't say that have; might possibly have
spoken TO Turner about it,
Q. Did you not complain to Mr.. Orser about
Wakerl
A. No; have no knowledge of stating to Mr..
Orser that considered Walker u dangerous man in
abe prison. once took Walker to see Capt. Patten
and Mrs. Patten at the Astor House; also took him
occasion to the Westchester House; it
}nst after dark, and we remained there about live
minutes we inquired for Mr.. Bobo the first time we
sailed there: | also took Walker out about half a
dozen times to see Capt. McManus; took him ont
10 see Jones Vesey, his cousin, who was staying at
The United States Hotel; that last fall; never
eft him alone with Nesey; believe that my deputy,
Eirch took Walker out one sunday contrary to my
Tders don't think Walker went ont in COM
pany with my
O. Did you not receive certain deeds OF real estate
H papers from Mr.. Walker!
A. ] have. Walker asked me to take charge Of
,apers for him; don't know whether Walker has
hem now or not. never received deeds of any up
own lots "a security for my expenses in taking
Walker ont; always took him cut gratuitonsly; |
ave never said that Walker owed me $500 or 500.
Q. Had you, before the females visited the prison,
iven directions to admit females to Mr. Walker?
A. cannot say whether did or did not.
Q. Did you not YESTERDAY swear, that in conse-
of the i'll health OF Walker you gave permis-
ion to females 10 vist him?
A. L swore that gave orders that his friends
Mould be permitted to visit him. / cannot say
neither did or not give permission to females to
,,sit him. The affidavit Of Birch seemed to be in
ne handwriting oil Walker; / looked over it but
,uld not read Mr.. Walkers writing very readily;
nnot say whether 1t covered one or more sides.
Q. Was not the purport OF that affidavit that he
ID never seen Walker commit adultery in that Jail?
A. IL was not; its purport was, that he had never
any lewd women into the jail don't think tina.
" woman's name was mentioned in the affidavit.
Q. Do you know of spirituouslguors having been
PRODUCED into Walkers cell?
Objected to by Mr.. Busteed
Mr.. Blunt said that it was misdemeanor in the
eper of prison, under the statute, to introduce
irituous liquors into Jail, and that il was the
isilege of the witness TO refuse to answer ii he
ose; but the counsel had no Ri bt TO object.
The court overruled the objection, but told the
tness he might.decline answering If he chose.
The witness then declined answering.
Examination cDntinued-It was TO my wife and
son. that gave the directions prohibiting par
Waiting the jail; do not know that these or
"a were broken afterwards.
Vim. w. Warner, examined by Mr.. Busteed-I am
ninter and have resided in Brooklyn since 1853;
ave been married four years last April; before
Dg to Brooklyn lived on the second floor OF
use in Walker street; | had lived there from lst
teber, 1852; before went there | lived at the
ner Of Delaney and Eldrdge streets; from my
ms in Walker street could see the rear of the
fridge street jail; know Wides p. Walker, and
known him since January, 1858; | made bis
uantance in the Eldridge street Jail; | visited
/ and my wife visited him there with my appro-