The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-17


9. Did you come back in ssptemhsr srf A. Yes, sr.
g DID you then see Judge staartS A. Yes, sir.
then stsss ssas T. sss j o.s v1s ,, 1ssu.a' Re tod
together, md that he could not do his duty >,
meaning ossaser ,hs matter shesM Be- sesea thss ei a
hat my husband ahouId be tried; in the month O
August forgot thatMr. Stuart sola to 60 % rhs
District Attorneys Office; he toa me that Mr. HANS
private ece the corner OF Park place aud Bcos
s H .S.s Bank h. a that he 1
that Mr. Hall had told him that he ready to try Mr.
Connolly or Co owe whatever his name was, whea
returned; he (Judg> uart) said he cd not know what
to uaie c ~ unless II was that Mr. Johuson had
pact in the norningr that Mr.. Hall always his
private fce before coming into court went there the
following morniDg saw him, and had conversation
Q. When did you see Judge Stuart after that A. I
vent directly from Mr. Halls Office TO Mr.. stnarts Mr..
Stuart waiting for To from ,h>Te he asked
me IL had seen Mr.. Hsls; told him tho4 had; he
ash ed what he said told him that said he was
tme ard that he would convict him Il h- could, add
that he believed he had evidence to do IT, that Mr.
johnson, the Phiadeiphia gentleman as he called him.
had returned, and IT was not utter mpcssibiity
convict him lie would do
Q. State what else passed between you or that occa
sion2 A. Mr.. Stuart was In q hurry to 60 court
md went away; TO him that afternoon az ain
at Lis Office; did aim that afternoon; told him
and hs @ ,nas we
mined to come TO the cythat this had been thing Of
long standing, and that what means we had we're all
o. it, and that were poor and could not live 80 no
longer and that had made Of my brothers
money to live on; he then told me TO back his
Office again that afternoon went, and he gave me FIVE
$40 g~d pieces sitting in his Office and hs asked
and e and
he had borrowed from Mr. Phillips objected In taking
II; ] told him ! cid not like to take ST that he hsa
been very kind to me, and that afraid something
was wrong when he wanted to return me the money;
he spoke 10 this way-says he, ''My God Margaret,
IN him. 50 accepted Of the soo he told Id me hsa
should have every collar Of what had paid him back
and that be would give me 500 every month till it
paid; there nothing that occasion in the
month Of August.
Q. when did you Judge Stuart again. A. in Sep
tember called upon him two three different times
and had conversations with him about Tnsdsla aud
others
Q. lid he give you after this any more money! A. lie
gave slc0 note in September.
q. What did he say that occasions A. He told me
he could not do much for that month; tina. they
to have double sessions, but to be a
the first the next month and that the matter would be
brought TO close, be It good, bad indifferent, but
that he would not have Mr. Connolly into court and
be convic ted for the world.
Q. Lid You him after that A. Yes, stayed in
three days, and then left again Boston
Q. When did you come to this city again A. ] came
on the I'd of October, in company with Mr.. AMI Mrs.
Burtin.
Q. Did you, after your arrival, have meeting with
the District Attorney and II wheref A. went first
to Mr. Suarrs oiice; was twice there that day in the
MOI ming and afternoon about half past O'Clock did
me- the Judge went direct from there to Harrison
street and from that went to eau scquantance
OF nne Mr. Burtis came for and went with him TO
Recorder Smiths Office, in Chambers street
G. Who was present theres A. Mr. Burtis, Mr.. Hall
Mr.. Smith and myself
o. And there a conversation ensued between you and
o. Did you afterwards 60 before the Grand Jurys A.
Yes, sir.
Cross examined by Mr.. BradyQ Your recollection Of
dates Il rather seU,arkables A. 1t Is when transact
business thoee oates.
q. Have you maze memoranda OF those datesy A. No.
sir never made q memoranda OF the dates Of those
transactions; have stated them entirely from my me-
ory without any aid assistance from papers, from
conversations with other personsentirey from own
memory have read the reports 10 the papers have
monv did not read The rst dsys repot at a did
not read Mr. Cuttings speeehno part Of II: tnnt
bad h, before he made hat speech had not the
least curiosity 20 read that Speech did read testimony
besides that of Elders; read Mr. Smiths; eeve that
i3A did lot read my sisters; did not have the time
this morning. lat evenings PAPER, but did not see
her testimony IT. IL The tecond edition Of the
Be- ming Ezpres; do not know that her evidence was
In il.
Q. Did anybody ever wste down anything that you
ever told that person about these transsctionss A.
Not that know Of except II might have been before the
Grand jury; Mr.. Hall was In the Grand Jury room he
did not examine me; do not know that be wrote down
any evidence; he handed those papers, re eertn.
Gates and asked how he In possession OF them,
1t; my sister and have talked about the matter
since the trial came not before had asked her be.
fore If he remembered Judge Stuart; that Is all that
passed between nni her aoout H. am certain never
ad word to her about Stuart with the exception OF
q when you came to the city with Mr.. and Mrs. Bur
tis did You your ssterf A. Yes; went to her
that day cid not stop In the city that night did moi
tel her any thing about what going on did not
her after had had the interview with the Recorder an1
Mr. Hall; saw her next week have recollection q
speaking to her about what passed between aud iii,
Recorder, and MIR. Hall and Mr.. Burtis recolect m,
telling her she would have 70 get ready to befre thu
Grand Jury; she asked for what purpose; said. at Il
not for to tell you that-you viii know It ali wher
you there; since this tranaction with the Recorder
and Mr.. Hall have SPOKE TO her about ~ my maiden
MAJ rat Mn rhDs Lnnf shat
1s4s.at least, tnst my tight name.
q. When did you first 60 by any othcr nameG A.
think in 1857 went by the name Of Duval.
q. How old your A. am thr,y-six years Of age
was horn in 1885, was thirty-six last August.
And in The year ss7 yos took the name Na Of pays
years after that, and went by the name Of Duval.
q. Where did you go to live when you came TO New
York;
Witness Must answer that questions
Mr.. Cuttrg stated that witness Is not bound ~ an
grade throw oboquy on her, indirectly tends Il
crininate he's. That was his view Of the law.
Mr.. Brady spoke 10 the question. The rue stated by
Mr. Cutting undoubtedly true general rule, but
there was This very important distinction that the rule
does not spply II the question IL relevant 70 any import
ant issue in the lie referred to Green leaf 400.
Judge Roosevelt OF the difficulty la this
sti he thought the witnes Testimony might be disposee
OF without cona ting with the rule The witness h,
sad IL not bound TO give any testimony against herself
which in criminal prosecution couI be used for the pur
pose Of convictng her, or which would even airect,
tend 10 degrade her. but st It may be that such que
tions may be put TO the witness which may not 20 TO III.
precise issue involved, but materisl collaera
ssue; and there the witness s. obliged so testify. II
within the right of the defence here 10 show such cir
cumstances may go to qualify the intimacy existing
between the witness and accused 10 affect her credi
biity.
Mr.. Cutting preferred that where there was doub
10 he rational construction Of the rule the witness
should be compelled 10 answer.
Judge Roosevelt advised the wi'ress that, 20 any
matter which may be prejudicia 20 her reputation y
cf those things viii h cannot be avoided in th
case.
Mr. Brady-where dil you go to live when you cam'
| to this cityY
witness-r do not like 10 answer that question.
Judge Rooseveit--You very wen avoid IL Mrs
Connolly. This IL OF tina. character that this
not well be avoided.
Question repeated. WitnesS-weil could not stat
where vent for have forgotten II, 81 has slipped my
memory; that is not intended joke, II Il truth
ia long sgo have forgotten ~ should have felt
delicacy In telling II III had kncwn.
Q. lid you then 20 by the name Of DnvaS A. dI'
go by the name OF Duval
O. Where did you get that names gave II TO myselt
a. But II was not your name Ia fac1 A. No, sir.
O. Yon were never marrisd 10 anybody q that name
| A. No, sr.
| A. You never married anybody till you married ths
| man Ascensios A. No, SIR