The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-05

ress and against party whom your Honor hos said is
Mr. Brady denied that this affidavit was wade in the
ssense of Mr.. Merrck that the lady xas in duress
when she made r. He proposed TO read II n paper
utterly rreconcaAc with the idea Thar the letters pro
duced on the other side written to Mr Furniss were the
production u sosad mind This paper bears directly
on the return made by DR. Mcdonald, IL s an account o
her own physical condition and organization y
| ~ the production OF diseased mind, then "
IS sane, why then i viii show how Mr. Furnss vas
actuated m his motives 10 have her liberty II ms
! being the omana,on OF sane mnd, proves that NJ
Furnss sas particle Of respect for this woman
then il bears upon the Of Mr.. Furniss He (Mr
Rradyl would maintain That husband has right 10 a
moral restraint his wife for her own safety
The Court said that there had been several conmnnica
tons srom the lady admitted in this case; all Of them not
only bearing her name, but in her handwriting. The
paper now proposed Is in her handwriting and there
is proof of being her composition The Court would
reoaire prool of what part she took its composition
! and under what circumstances she signed IT,
! Mr.. Brady prepared with such proof
Mr. Bute.d concluded that she was sane or insane nc
cordng to the exgences Of the hour Papers pro-
duced Of totally contradictory naturerst to prove her
Of one mind, and then OF the opposite The paper pur
ported TO show the intentions OF Mr. Furnss But what
that paper might state, would prove him gdriy
when opposed by the statement Of Mr.. Fur
which Of the two TO believe, and II he took this he must
prefer the statement to the verified traverse TO
the return He objected TO its introduction.
The Court decided that, at all events the handwriting
OF the signature should be proven Mr. Brady then called
worman several years; first became acquainted with
Mrs. Woodman few days before the lst al september,
when accompanied her husband 10 Mr.. Thomas B. Mcr
TICKS, IA Eighteenth street, near SfOsd cnNe; pre-
pared the paper which she signed t evening iexamn-
ing the paper in question: prepared the draft Of tins
copied my Office; it not read in her pre-
senco, u did not see her sign II.
Py the Court-nid you read the draft of paper
Mrs Wooiman? A. must state all that was done, and
what the draft
Mr. Dustcod objected that the question could he answer
ed directly, yes or no" (ob,cction overned and
Mr. Irichard-The relations made by the lady extended
i1i
they were not made in chronological order:
The Court desired 10 know whether the draft OF the en-
rrossnent was read TO Mrs Woodnan before she signed
the engrossmcEt.
Mr. rrchard-The draft was read to her in detached
passages each subject she stated il TO the draft
from which this paper is copied was re-drt made by
me from these.
this
Mr. Brady waived any further answer that point NJ
The Court said there was no necessity for Mr. Busteed
being 50 excited.
Mr. Busteed-I a excited, sir; you mistake my
manner.
The Court-You are excited.
Mr. Burteed-Then your Honor hal better send me to
Flushing To- keep company with Mrs Woodman.
Mr.. prichard, contnued-l think the memoranda from
which the draft taken were burned Immediately
l have not Caroline woodman write; have seen
Mr. Brady-So than you have been able to form the
character Of her hand writing. Objected to-
Tie Court raid IL Well settled rule or law that
persons who were in the habit of seeing letters from
party though addressed TO themselves, compe
tent 10 to- t!iy 10 the handwriting (txccpton)
Mr. !richard, coD,nued-0n the evening spent with
Mrs Woodman saw at least letter and sundry scraps
OF writing which she recognized as hers and ccnycrsei
about rs hers.
@ Have you the letters produced by Mr. Busced'
O. From what you have have you formed opin
ion OF the character Of the writlngy 4 Yes, sir. Job
jecte6 to and exception aken)
@ by Mr. BradyIs that her signature 10 the affidavit
tnaw produced and proposed TO be readf)
Mir Busted objected on the ground that the witness
bad 10 knowledge o. her hand writing sufficient 10 enable
him TO testify 60 1T
The aamitted the question legal and competent
Mir Prishard- have no doubt OF IT, SIR her sigma
O. That paper copies Of letters attached what has
become o tho crgna,sy A. They in my Possession
for several weeks and the evening bel NJ Woo imam
leii be 10 have them; Igave them him, an
have not seen them since. Mrs Wooiman did not sign
either the memoranda or nsSt draft.
Nr Busteed said he would suggest that, even without
cross-eyamrstun, these papers were not sufficiently
proved To ente them 10 be admitted. The witness had
stated that MR. woodnan had not signed either the me-
moranoa or the hrst arait.
Tho Court said that desired information the matter,
and II the counsel did not crcssexamne the witness, the
Mr orchard was then examined by Mr.. Busted
have heen before examined 10 handwriting never re-
ccvcd a note from Mrs. Woodman.
q How old person ia Mrs woodman' A. About -
or 80 supposc when saw her she was lying on sofa,
sobbls, seemingly frettinP; her husband was pre-
sent; il the front room, second story,
N Mr.. herrick's house; believe he has
Mr.. Mcrricks house before; as passed through the
tres there appeared 10 be parlors. O. Where did
Woocman COM. non, that night to your A. thluk met
him there by agreement made AZ my office in hs
81 that day. think young Of sfrseen
eighteen wear, Ill L., me INTO the house I,ont kpos Mr
Wcoamans nephcw-CIis they call HIM; that may have
been the boy who let IN. pr ali know 10 the contrary
think Nr WooQman cam. dc~n s;iirs imne iiately On
my beng let IN, he took me imneiiat,y up stairs FOL
lowed him; Cont think be Knocked at the door Of the
rom whore Mrs. Woouman Ge aii no; ou,Jck the
door am certain Of that; don't remainder the time o.
aa pact i've ocick); think IL was about O'Clock
when eOt 10 Mr. Merrick's house, and think must
have been near ten when left, II Wa between
nine and ten. more likely half past nne. she Wa
not sohblg when / went in; | know
When she cun.menccd crying; she sobbei al Intervals
there tvrlsi. pr.-vb, 81 the interview, thougha
servant may have in aud gone ont OF ha room wno
war there. Z Did she know that you were lawyer
\ She could hardly help knowing II, behaved ike a
lawyer. never saw her before that night, don't think
when Mr. Woodman introduced to her that he told her
was bis lawyer; don't think shook Aanls with her
when went M perhaps dd on gong away; never SAN
her again the letter which saw there that night ANA
which she rad hcis, letter which slic hild
written !" Mr FGfnlss real ~ II "ds not ohg one
occupied about page % paper don't reovcct With any
defbtness wlat th' other papers were" there were aboit
two or three h4u1ted scfas some lew o wheh she sad
were bvts, don't rccoect having rgd Any d Those
Euaps, gtlm ny recollection should say they were
similar tnhi. they Of small, triilns matters,
which sle haa written 10 Mr.. furniss don't rccOcct
that there any attached ~ them Mr.. Wool
man len Mcrrc house with me at ten o'clock he pass
- 10y house and went presume, u the Metropo
f'an Hotel, where. believe, he remained that night.
prepared the rcorait the next day Wooimsn may nave
t'ln" Mto my once tut NJ iao nctl fE ~ 90 Win inc
preparing q IT, 80 not recoect that lac there " be
~as Il wac Only Tor short tim" burned the memoran
ia IA nay oilcs-at least threw Them into the CRATE
l7u you burn them or dij you nuty A. l did not
burn them That reroilect th.-. 'fda the
the minutes had taken down from her; they were tho
only Isi"rs that had taken down her presence.
wrote TIE redrait self have rcoocctun Of hav
ihg Ie-tsssss u, i may be among my papers; II had
cSstroy,.i ~ cunt tell that should re.olicci
Nhsn you prepared tho re draft what did you do
Will III c.nbU, answer the question more fully than
have arca,y 90 - think pat u among my papers IN
my ohfe.
I'M. oart thougls that tie witness the counsel did
not rsLty uuvrstad one anuurr. Tue Court desired
Know wst tecsne 81 tie fe-dfult
Nj rrclard said, am nos prepared 70 give fuller
answer. -
Mr Dustecd--Il you give that re draft To Mr.. Wood
mann
Mr. Brady objettcdNr prichard vas prepared 10 give
f EXPLANATION and the conscience 81 IN. wf-ss
b,nes 10 hms, and pVt W the couus@l hc e.Lt,el 4,
~. =