New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-25


las ard from other facts that the latter was not IN
ipfreUuent visitor At the house. Still, there y .
degree of postvepess in his testimony when eA5ho'
be overlooked, and if the bookease vas dehveIea On
the 2Sth OF October be il 10 be taken a. very DEN
pitely affirming the presence Of the decedent NO.
81 Bond street on Sunday, the goth. Mr. frazer eI
prened the belief that he saw the decede5' eseiy
day from the oath TO the 18th OF October, saa srv
positive that IL my impression If my memory 80
me right" Mr. Fraser was impressed WIN 'ne u.a
that hi. resignation was frequent TOPIC oi con ~;
saton between him and the dseeor ra.iyna,ce for
,ome time after il occurred, and the causes ieau
ing 10 il for some time before II occeiieul 80
subject Of mutual confederation be"een hin Ms;
and the deceased 80 that II Would ~ l.,','
cult to identity any particular day lie Is quite oIea
however N sf tie Doctor was at diner on Sunosy INC
2S,b. from recolectipg that Mrs. Fraser wa: absent
from the table that day IN 81. who wa. then
80 fro,n ,cbooI Clarence Fraser sia'es that ne
" saw DIR. Burden every day while he was nome iast
Fan but in this he is certainly mistaken as 70 ne ls'
sor, and the wines. wa. in New-York He al,osay
NV immersion is saw him Sunday after my fathers
re,ispation" at dinner be filled tooth IoI me me
week after that Sunday" There IL no relation De-
tween this piece Of dentistry and the dining on sunday
except ruch approximation of time as the memory
might Afford / think the importance OF the tes.l-
mony Of these two gentlemen hioges manly II noI en-
trely the fact whether the absence Oh
was limited to that single day. Augustus filne says
The lady was absent " once or twice on SUNDAY anu
Clarence Fraser that his mother was unWen ana oossn,
from dinner the previous Sunoay, pc'opei -, .nt
,b...be frequently stayed away when she was not
much upwsll." In tbis case then We ma, as wen
as in that of Dr. Roberts and Mr. Barlow, q dupiica-
ton ofhe most important feature tending 70
"A rendition Of the collateral or eIrnAc crcumsfan,
ces existing in the memory Of the witness as connected
with the presence of the decedent This, OF course,
calls for some other fact to give one cate the
epce over the other. An effort was mace 70 sh0"
that the decedent was attending as witness IN the
United States Circuit Court on Monoay, the ~'th Oo
tober, in the case Of Warner and Gninn' Inat csso
was called MoDdey and Tuesday, ana on wednesday
was postponed for another case when nid preseuenc
IN one Of these occasions Dr. Burdel was introduced
10 Judge Dean counsel fer the defendant, ana com
planned of the postponenent. Mr. Taylor places the
event on Monday, Or. Putnam on Tuesday, WINE Dr.
Parsons says that Judge Dean was lot IN Court on
Monday and Mr.. Barnard that he was mol mere OF
Tuesday but attended for the first time on " ednes
day. Mr.. Lane testifes that he served subpoena IN
that cause on the decedent, who at tina time accom-
panied bin 10 see DR.. Maine. On this occasion Dr.
putnam saw the oecedent conversng with DI; Name
on the walk. Now, what was this date Or. fut,
nam is quite certain it was the day he was potiheo
TO attend the trial. and that the next day he met
both DIR. Burdel ard Judge Dean III Court. mat
next cay was Wednesday, "a Judge from the weight
of the evidence. II could hardly have been Tues
day, for Mr.. Barnard Gays Judge Dean was
not present them and the proofs show that the dece-
dent was at the Artisans Bark until late hour
in the morning; nor Monday, for then the subpoena
would have been eerNeu Oh Suuuh1. luC dt.piHcy
the cause had died, it was necessary that counsel
should be called 10, and the DAY 10 when tne Gauss
would be postponed was entirely uncertain before
the COuct opened on Monday morning. Yet Mr. Lane
says the subpoena was handed to him TO serve al
or O'Clock in the morning. Would subpoena
have been drawn Monday morning. the 18th, at OF
O'Clock reurDabe the 2Sth, before the cause had
been called or il was known that 1t would be set
down for the 18th think not, and am satisfied il
WEE on Tuesday and not on Monday Mr.. Lane served
Dr. Bmdell. On a review of this evidence and bear
ing in mind that Mr. Fraser and his son, Dr. Roberts
and AIR. Barlow, determined their dates ny iacts
which had duplicates in their main features, think
itmaniieet that Mr. Douglass stands alone as present
ing any positive testimony that the decedent was in
New.YoI at the time in question.
2. Was he at this penod in the village OF Herki-
mer Mrs Wilson the decedents cousin, states that
he at her botse in Horkiner Saturday, Sunday
and Monday the 25tb, Goth and 9th Of October and
accompenied her to church on Sunday that she ex-
pected to visit her sister, Mrs. Williams at Brooklyn
the same week, ana requested the Doctor TO wait o
day longer for her; she had written to her sister se
would be with her on Tuesday, but sent word by the
dec ecert she would be down on Wednesday or Thurs.
day; on Wednesday she left Iierkimer, her husband
remaining on account of the approaching election;
and at Albany she took the steamboat New World,
arriving at New York as late as p In. on Thursday
The clerk of that steamboat proved that the name
Wilson was entered twice the register Of the ladies
cabin on the 29th October and that the boat was de-
tanned until 2:20 D. IN. the next day. Mrs. Williams
IL sted she had expected ker sister, Mr. Wilson on
Saturday, October -, her birthday, but received
letter stating she would come the next tuesday
that on Tuesday evening the Doctor called, stated
thst be had been TO Herkimer, mad arrived that
morning, and that Mrs. Wilson would come on
Thursday. lie spoke of the raising OF liberty
pol. while he wac at Herkimer, ard mentioned
that he had been at church. On Thursday Mrs. Will
ron anved late in the afternoon and stated that her
husband would have accompanied her but for his wsn
hot to lose his vote. Mrs. Williams did not produce
the letter the referred 20, but she is coroboIated Ill
most Of her material statements by two young girls
ph.be Upper and Hannah Denmau. The birthday OF
the latter tel Saturday. October % when she had
exIeeted party ii Mrs; Wilson should arrive. inns
il the only time Mrs. Wilson was 10 New-York, from
August, 1856. BItil the Spring OF 1891. Eli Taylor,
proprietor of hotel at HeIkimer purchased by him
OF d.. Burdell, states that lawsuit to which ne was
pDty was tried OF his house on Monday, October
~ the sst day to which the could be adjourned
the summons having been Issued three montls He
under the impression he observed the decedent
coLyersipg with his counsel, Mr. Earl, during the
proggess of the trial He him ct church
the day previous and spoke with him about 1t. lie
says the csCedent arrived late IN the afternoon OF the
2b, and he toldhim that he had bsen 10 Newly ork
though. Of giving hIr call. This witness fnrtoer
aa5ed that he left home Friday, Oct. II, registered
bis lame az the DelvsI House in Albany, arrived in
New-YoTk Saturday, vent TO Daabury the same
day. returned 10 Nex-Io-k on Monday and reached
Herkuaer the next day. His brother and sists--iG-
law residing in NewlOrk, testified that bis visit was
thee weeks after the decease of their daughter, on
the 81 of October; the. letter says, ABOUT thee
weeks efer think" THE is not very definite con-
tradcti<sp the difference is between two weeks ard
three; Il three, then Mr.. Taylor was not present
at the G,ial 81 his suit on Monday, Ociobs-
q. Mr. Taylor is inaccurate, however, II
one respect. lie says the decedent informed
him iba, Mrs. Wilson expected 10 nave made
The journey with him from New York. This eir-
camstanoe occurred at the end o. November, and not
il October. MI. Taylor bad register at his hotel,
but al this psiod 1t Dot 10 lave been generally
ussd. Cephss johnson, the Justice who uisd the
cause Of and Gray places the trisI the IN Of
October, the last day which ]. could have been
edearued for which reason he made special sPelnt