The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-28


and part seated; l cannot state the substance Of
the conversation that passed between them; on the
occasion of the visit OF Mrs. Walker to my house,
no other person came there except Mr. Walker;
did not know that Mr.. Walker was then q close
prisoner under surrender by his bail; no arrange
ment was made at that conversation for me to pro-
cure BALL the occasion of which have spoken was
not my first visit to the prison; do not know how
visited it was during the fall; went there to see
Mr.. Walker; had been in the habit Of visiting
Walker for two or three months previous to the in
tervew with Mrs. Walker; never went with him
anywhere out of Jail; few days elapsed between
the interview at my house and my second visit to
the Jail, when Mrs Walker was there; am not sure
whether it on the latter occasion that escort
ed her to the railroad cars; my impression Is that
was q week between the time when l rrst saw Mrs.
Walker in the Jail and the time escorted her to the
cars; Mrs. Walker was dressed for the journey when
l arrived at the Jail; met her there in the back
o'clock think it was after flight; remained on
that occasion but short time in the Dsson; the
think, left at Tor o'clock; we welk from the Jail
taking any trunks from the jail
Q. On what part Of that ride did your converse.
ton with the plaintiff about her husband take place
A. ! can't TELL can't tell whether it took place
before or efter we reached the Aston House.
Q. Did you hear the same conversation in the Jail
on the occasion of your third visit there
A. No.
Q. Then how many times did you hear the alleged
conversation in the jail the substance Of which you
have undertaken to give2
A. think twice: once in my house, and once in
the Jail.
O. Did you not say yesterday that on your visit to
the prison, both before and after the visits Of Mrs.
Walker to your house, you heard this conversation
A. I've no answer to give; don't recollect what
/ said yesterday.
Q. Did you ever make any other visit to the Jail,
after Mrs. Walkers visit to your house, than the
one when you called to escort her to the cars2
A. think did, but I'm not certain.
Q-When did you first tell any one connected
with this defence Of the facts to which you have
Al don't think ever communicated them to
any one except Mr.. Walker; cannot tell when l
told him; it was after this lawsuit commenced;
it was within the last year; think it was in this
in the street when told him. my impression is
that it was Wall street; cannot state the month;
don't recoect; cannot tell how long it was after
my return to this city.
& SMITH
Objected to and objection maintained by the
Court on the ground that the witnesses private af
fairs should not be inquired into. His name, his
residence, and place of business had been obtained,
and these sufficient for the purpose Of proving
his identity.
WiIness-I was five years in business in SO Front
street, was in the grocery business in Rochester in
Q.-Were you to receive compensation for your
services to Mr. Walker3 ~.
A.--No; never received any.
Winesa-The papas NOW shown to me ID in my
. wi'iiam <. Whitehead, examined by Mr.. Busted
II reside in Newark, New Jersey, and have lived
there eleven years. ann Secretary of the New Jersey
Railroad, and have filed that office nearly five years;
/ don't know Walker, the defendant; saw him this
morning in court.
@. Is that your signature (Bhowing a papcr.)
A. Yes; our railroad runs from New York to New
Brunswick.
Mr.. Busted then proposed to read the paper in
question, to which the opposite counsel objected, on
the ground that the paper was not the best evidence
OF the fact which it purported to prove. The paper
the receipt of the price of Communication ticket
between New York and New Brunswick.
Samuel A. Cunningham, examined by Mr.. Bus
teed, deposed-I am in the brick business; was
deputy under Sheriff Carnley in 1850; have seen
Wildes p. Walker; l first saw him in a dwelling
fronting Broadway, just below Wall street, about
LIST July, 1850; have seen him in New Jersey, and
saw him there three six days after arrested him
first; arrested him in New York a civil process;
the business / had with him in New Jersey,
was that, in consequence Of his bail having
surrendered him, deputed to 60 over there and
arrest him; don't know who the plaintiffs were in
the action; / found Walker in New Jersey; Mr..
Hagar went with me; can't say where Walker re-
sided at this time found Walker in New Bruins
wick, New Jersey, just after he left the cars; we
walked round New Brunswick, took dinner or sup
per there, and then started in the cars; Walker pre-
vously got change Of clothes, or something Of the
kind; we took the evening train, and arrived in
town after dark, about eight, nine or ten o'clock
cannot say exactly; when we arrived we footed 1t
to Twenty.sixth or Twenty.eighth street, with the
view, as understood, of Walker getting bail; he
could not procure it that night; went into house
in Twentyseventh street, and then walked down
town; Hagar, think, was with US; can't remember
where we first went to on coming down town; kept
Walker secure that night; he was forthcoming in the
morning.
Q. In what place did you keep him that night?
A. decline answering that question.
Mr.. Busted insisted on the witness answering
the question, but
Mr.. Blunt thought that the witness might decline
answering if he chose.
The Court said that the witness must answer the
question.
Witness-Part of the time we were in the street;
we went into several houses around; Walker re-
self during the night; ! didn't have my eyes on
Walker sll night the house in which staid with
Walker that night fronted Mercer street, between
Spring and Broome; know where the st. Nicholas
Hotel ia; it is between Spring and Broome streets;
think there was plate on the door Of the house in
which we staid all night; T. Cook was the name on
it, / think.
Q. What was Mr.. Walkers condition as to drunk
enness or sobriety that night?
A. He behaved himself very well as far as saw.
Q. What was Hagar's condition that night as to
drunkenness or sobrietyf
A. did not notice anything particular about
uiiu, I'LL uO JuOBc VI uTuukcuucSS, US UcteT WAS
drunk myself; Hagar and Walker had been drink
ing pretty freely.
Cross examined by Mr.. Blunt never drink
spirituous liquors; Walker was from one afternoon
until the next in my custody before I committed
him to the Edridge street jail; the house in Mercer
street was on the left hand side; we arrived there
between eleven and twelve o'clock; Walker was
three or four hours out Of my sight; we first went
into the parlor, where there was quite number Of
males and females; Walker was in the upper front
room besides the parlor; q female was with him,
think.
To q JUROR don't remember whether I saw
Walker and female going in to the room together;
they were in there, any way.
To Mr.. Blunt-There was bed in that room.
To juror looked into the room for some time.
To Mr.. Blunt found Walker in that room in the
morning.
the key.
To Mr.. Blunt--I locked the door between one and
three o'clock; the female was there when unlocked
it; noticed that the bed had been occupied; don't
know the name of the female: abe from eighteen