The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-20

Recordsr--rhis is GU. of order; I rule against this
question. ts . W
Mr. tIinion--we lake exception. ~ FL.
Counsel said hs wished 70 prove that this woman
had inflicted bodily injury upon three persons In
that house before this aafsy.
Mr. Hall objected TO the introduction Of this evidence
Upon this point the Recorder ruled Ia favor Of the
fence the defence would bring the Fact Of such mi aries
from Mrs Fury home 10 the knowledge 81 the prisoner
Miss Betsy Brown sworn am the daughter Of Mrs.
Furry by her first husband, am sixteea Yeas Old.
z bio your mother commit violence to yous
Recoresr-l rule agant this because II mt done
within the knowledge Of the prisoner.
Ccursel--I think bring this 70 the know
ieege of the prisoner. II not tue testimony may DO
struck out by the court.
Recorder-Ihat won't do
Mr Fury recalled never said in tho presence Of
Miss Brown tina! expected to mako Of money out
Of the elder Mr.. spragua for my wifs's death.
Miss Brown again questioned
q. by Mr.. Clnton-Dd Mr.. Furty ever say 70 you he
expected to make of money by mis- wises dea .hs
A. Yes, sir; afternoon he said he would make % 600
for thisi he commenced Mi. By saying be would not
old get wen she would be Of for she couldn't 60
out to wash any and he would get S. 600 for il
To juror did not 1--we with Mr.. Furry sod my mo-
ther Mr. Furry said two three times he would not got
any medicines because he had money he said two
ss n Mr. asr naa gwen MIN h %onc 70 ss ME-
sprsgue and Mr. Farty had spat and she jumped DO
tresn them AID the pistol then went on
The defence here wanted to show why the witness had
her life.
The Recorder ruled this out a. incompetent testi my
Abraham Ycxrst sworn--I keep drug store: heard
MI Furty ray 70 Dr. Norg lest thai he expected two
three thousand dollars from the elder Mr. sprague for his
vic.
Ann Bleecksrdorf sworn-T have known sprsgue two
three yeaf; WINS living with hin his we. at No. .6o
Delaney street, at the time Mrs. Fur " shot.
Mr.. Chntoa-you his ate, were you
Tho District Attorney objected to the evidence OF this
witness. II she not his wife he had acknowledged
her such had light to thsow her cG at will Tor
thc.sake Of her evidence.
Mr. Clinton said lac could prove that Hr. Spraguc had
been married to another woman. and his wifi was still
living.
The Recorder said that this woman having lived with
Sprague his wife, the Law would decide chat she was
an incompetent witness.
Mr.. Clin'on-wc will now prove sprague's marriage
to another woman, by calling
Rev. John A. Glider, who sxorn-I clergy
man. think have Sprague before; from booking
at the man can't say remember marrying him.
Mr.. Hall-Then object 70 his evidence.
Mr. Clinton tried call the fact to the memory OF the
witness, that he had married sprsgue at Newsurg
ycarsago.
Mr.. Gilder-rrom the church record find taNt mw-
ried Samuel sprsgue Jane Anne Peddg at Newbug on
the I'd Of january 1885, from recollection alone apart
from this record have doubt this IL the
riec, butt am not positive oft.
Samuel sptsg.e Sen sworn q gentleman about asx'y
years Of age)l father Of the prisoner; knew my
lived with Jane Ann Psadig AS his wife for two or
three years. she was living few days ago.
Mr.. Hall, on cross enthusiastically you know where
A. She Is in Newburg. believe.
Q. Have you heard that your son was divorced from
this Jane Ann Peddigs
The defence objected to this.
The persecution argued in favor Of IL.
Tho Recorder ruled in favor OF the ques ion.
The defence took exception.
The question renewed.
A. have heard that this woman divorced from
my son bat have not heard that he divorced from
her; my has lived in the city all HIS lie.
The defence then argued in favor OF admitting the evil
depce Of Ann Beckerdof the rcputed wife Of sprAgue
The defence contepded that to be Presumed that
tho parties not married. because Of the proof Of his
previous marriage, and they not bound to prove
negative.
The Dis fiet Attorney opp,sed the ert to i2tSoduce
the evidence Of Ann Beeckcrdorf. Why not proof
brought upon this stand TO provs that this
not the vile OF this mao--orieina proof Why a. up
10 Newburg and get this Woman and put her upon the
stand get her relatives and friends, who acquan
ed with these facts and prevc this marriage, and not
leave it for inference.
Mr. Clinton asked that tho decision Of the Judge be
served till to morrow ard II steam could bring witnesses
here from Newburg they should be here.
b!r Han asked for decision at once.
The Recorder ssid the bringing evidence from Newbn-g
npon this point would only remove difficulty This
had held this out his wife, ana II the de-
fence iaiscd the presumpt,a that this only
his mistress then he woull say the Court could not act
ups presumption but upon evidence and the accused
p holding cut this his wife, ackno wiedgci her
assnch, and he responsible for his acts The Court
the stands must decide against the admiss
bilty of the evidence Of this woman Ann Bieecic rdorf
The defence excepted 10 the ruling Of the Coust.
The Court then adjournei till IL o'ciook to-day