The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-26

0oUsT OF 0u1uRAL SESSIONS.
Before Recorder Smith,
UrH DAY-rsmoHY YoR DEFENCE
This Court was rsspsnsd yesterday morning at II
o'clock al the parties being in Court The defence was
opened with calling FIRST witness,
Mr.. J. W. Sweeney Of Cncianati-I reside in Cfncin
natl have lived there eight years; au proprietor Of
the Walnut street House, have been proprietor OF Il
for Ave years; know Lyman Colo; have known hin
years Cole stopped at my house. @ Do you know BY
what name he frequently entered himself on your Re-
Mr. whiting-I object to that
Court rule II cut.
Mr. Busteed[I except
cali him Carbon; knew him to be Lyman Cole; he got
the rame while in Mexico do nos know when ne went
am pretty wen acquainted with the general Of
l.tion to the Martha Warrington O. Did you ever heir
nscton with the Martha Washington cassY
By the Court rule that out
Mr. Brsteee-I take exception.
Witness bnow the general character of Findlay; he
ia considered bad know his character from brth II IL
susipted with the hand writing Of Cole have .sen him
write; the writing Of ELI Hood Co. upon these cheeks
or dafts is not ais handwriting not bis natural hand
at all events was examined witness in the Martha
Washington case; was examined and sworn the
art Of the prosecution; Cole was acquitted upon the
tim there as Eli Wood Co nor shiry, Massey & Co.;
have seen Cole write letters and write his name have
received
don't know bis business in Mexico; Cols and Findisy
not together; first knew these other parties In
14s gueat; never knew they were acquainted with
Cole up TO this time; them together; they
were never together at my house while guests know
John N. Cum nipgs; he was not guest at my house;
Cole Kssane were acquainted With each other they
knew each other before the burning Of the Martha
examined as witness at Columbus upon both trials
about the Martha Washington; Captain Cummings Is q
gentleman of reputation and character
Mr. if-n0h aro fnr aoAf ha swMfus
ton OF this witness In The Martha Washington case
the commission to CncIDr att The reading of this
to show a variance in the testimony Of the witness in
that and this. The test ony then relating to Mr.
Cole, was not much If any, different from that taken
Mr. Busteed-I now propose TO read from the New
and this case and show greet between
The two The HERALD report Of both full and
correct
Mr. Hall-we will consent to read the test mony from
the notes of the Court
Mr. Bus,eed-H you object to that Mr.. Hail. Win
consent to read your own notes Let me have your
minutes, and we will compare the two
BY the Court-This can be done at some other time.
We will now proceed with the witnesses.
Mr.. Busteed-very well. will now call
Mrs Harriet sworn resided at 327 Broad
way three years last fall; Mr.. Farnsworth is my hus
as stores know M Cole have known him since the
2sth of August last: he lodged in my house, he
rear room; the window looked out upon the Hospital
yard this the only room be occupied in my house.
this room was in the fourth story NJ Cole lodger
in my house one week; when he finally left he went
away between the hours OF and O'Clock in the after
noon; he sent porter for his luggage Mr.. Cole occu
that the bed had been occupied think bid him
goodbye when be left; saw nothug unusual In his
in my house. he acted perfectly gentIemaniy on the
people; was not examined; saw Kissane upon that
trial; saw the man they call Fn1lay upon that occa
sion during the whole time Cole odger in my
houte never saw K,ssaDe or thi. man Fnolay in my
the cells Of the City Hail. lent him an ink bottle
was bone the 30th Of August. 1854; was in Mr..
en- there CRATE s,
at any time used the second floor Of this buildings the
back paror was my sitting room and fewiDg ROOM this
diagram repreents the second floor of my house; the
door OF my sitting room opens upon the stairway this
door Is aiSsys opens chair looks out upon the stair
think impossible for any one to go up stair. without
my seeing them Of this am oil ways at home
take my meals in this room and never go out Of it, Mr.
Cole purchased goods at Stewards while he in nay
package for him from Stewards.
were occupied besides Mr. C,les do not thiak that
any could possibly 60 up stairs without my showing
ITEM; when Mr.. Cole was there was lii and took my
meals in this room facing the door; gentleman called
had girl While Mr. Cole was with me; never 20 out
exceps with my husband in the evening; am home all
day; DON'T know how wide the room Is; know that
neither Findl nor KissaKe in my house while Mr.
Cole there.
L. N. Fowler sworn-I am publisher of books; am
one Of the firm Of Fowlers Wells phrenologsts. in
Broadway think Cole In store in August 1884,
Think Mr. Cole 10 the who called he called to
inquire in reference to certain mode of building; We
published book upon that subject he said he had been
Joseph wilson sworn-I am sculptor; I do arcbitec
turai designing; know Mr.. Ellis; in his room, No.
247 Broadway, in August, 1884, he was mode0er Of
medallion III enes.es he was engaged in building then;
August 1854 he came there to inquire abou, certain
mode Of building; he said Mr. Fowler sent him there.
Jeremiah lothrop examined by Mr.. Bustsed-I am
dealer in lumber formerly justice OF the pea,e
in this county; 1bnow Lyman Colo; have Known him
for thirty five years have frequently him write
the signature en- these drafts, Eli Wood Co IN my be-
lief 10 not in the handwriting Of Cole does not resem
BILE any writing have ever seen of his have seen Ks
ssni IN the city the dst : was o
geries.
9. by Mr.. Busteed-Dd Mr.. Kissaue have any CONVEX.
saticn with on respecting the participation OF Lyman
Cole in thee forseiies9
MI. Whiting-i object to this question.
that you should ask such question; am surprised
that lawyer practising at the bar should ask ques
Mr. Bnsteeewwen sir the position Of the Court here
Is Of powtr-mine one OF submission shall mako
NO reply here such insure Of the Court however
witness-I have sonversed wi Fndlay about these
forgeries
The Court sustained the objection.
myself as oOuD.eiloi Of Mr. Cole; have received no fee
frcm him; am his frierdly adviser feel deep inter-
est Tor him; ! was attorney at-law 10 Maine.
Q. by Fr. Whitns-How masy hand writings can Mr.
Cole initiate?
MI Buseed-I object to that question as outrageous.
~ indecent and oisgu tingly insulting
1be Court SUSTAINED the objection.
To Mr. whiting have never seen Mr. Cole write bu:
one bspG; have BIN frequently write letters;
should think the signature this check was his writ
ing; Mr. Coles father lived ct Winthrop lived IN the
same peghboi hood till was 26 years old Cole cid not
1--we there all the Time during the last twenty Ave years
have him several times at Baltimore and other
places.
Adamson Bentley examsed-I reside In Guy ahoya
county, Ohio; know Lyman Cole; have knovn him
about eight years. during the last few years Mr. Cole
burnt sons time 10 April, 1854 Mr.. Coles wife is
niece Of my wife; in July, 1854, Mr.. Cole at my
when be went away he said he going to Detroit ne
left my house in July; said he was goi7g to Warren,
ave days; he finally leit my house in August 1854. he