The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-06

Letter from his Sister Stating that the Pro-
ceedings may end, ~ She IL Mt Liberty and Ia
going home to her Parents-A Startling AM
davit from Mrs. Woodman as to her Reia-
lions with Furniss, and very Extraordinary
~Love', Letters.
SUPREME C0URT-sPECIAL TERN.
Before Hon. Judge Roosevelt.
In the matter Of Caroline WoOdman Confaed by her
husband Alleged Lundc-At the sitting of the Court
yesterday morning Mr. Busteed renewed his opposi-
ton the introduction Of the affidavit pro-
posed by Mr.. Brady, the counsel for Mr. Woodman He
submitted that according to the laws of God and accord
ng s the dictates Of humanity that Mr. Furniss should
De the nrst man in this community out this writ of
habeas corpus If it be true the learned gentleman
says that improper intimacy existed between Mr.. Furnss
and this lady he should be the only man. view
Of the admitted fact that she has relative in blood in
this State TO prosecute the writ il be he (sr
Busteed) contcndcd that there criminal init
macy between them, and that the husband has
wrong 70 avenge Mr. Furniss, the fortiori,
Mr.. Furniss is the first man in the land TO out
this writ. When the excitement that has been
created in this has died away and the proper
reasoning returns the community, and when the facts
Of the fully known Mr. Furniss win the
appreciation Of mankind for his generous and sefsacri
Acng action in this matter and for the noble chivalrous
and manly exertions TO deliver this lady from imprson-
ment. They told that Mr.. Furnss hates Mrs Wood
man. and has prosecuted her and that he prompted by
avarce and GAIN If this be true and that Mr. Furnss de-
sres desires 10 do this lady pecunary wrong, why is it
that she should write him begging him to interfere
on her behalf; and why is it, il he hates her. that he
should subject himself TO the criticism Of at least
part Of the public Mrs Woodnan longer her hus
bands purse his means which she did enjoy have been
taken from her. and Mr. Furnss has object gain in
That respect Another why these papers should
bc wbi bo
TO read every word Of endearment her letters Mr.
Furnss parts the letters other side
are omitted Counsel then object admss
bty legal grounds and the FIRST proposition is that
the originals OF these papers wfuly destroyed and
party has right TO take advantage Of her wrong
He submitted that the loss or destruction OF these
mOranda, if not wful, has not been proven must be
proven that bona de and dgent search had been made
The Court inquired if the affidavit processes to have the
originals copies of those lstters attached IL
Mr. d. f. Sickles replied that il did not, and that they
were only extracts of copies that appended.
Mr. Busteed-And Gardner Furniss never wrote a line
70 Mrs Woodman that no would be ashamed TO have read
in court If read entirely and without mutilaon. They
admit other side that there have been omissions
from the original memoranda taken by Mr.. pritchard
from Mrs. Woodman. Then again, Mr.. Prichard never
her write and in reference this objection he cited
Howell vs. Ford on the question Of handwrting I'D Star
kie, l64 II suggested by his friend and associate Mr.
scRcs that there another technical defect which that
the affidavit does alude 10 the copies
1aehed On the question Of dufess he said there
affidavit offered by the person who Is interested in i'm
prisonng our client contrary TO or application, made at
her request for her delivery. Is not TO be Mrs
Woodman's declaration Her husbands lawyer drew il
At his request by agreement previously made; and
then il is extracted from her in the house of Mr. Mer
rick stranger TO the wife and the husbands friend Mr.
Busteed concluded by reading portion Of editorial
article from morning paper On the subject OF private
Anaiic asylums.
Mr. Brady said that the legal objections embodied in
the learned genemans address ntmated the
Court yesterday. he would conine himself 10 reference
~ them, and would not follow the rheoric would he
the gentleman has done, conclude his argument by
reading article from morning paper. He did not,
very ccrnrlimenary either 10 himself or Mr. Busseed
For his part, he much obliged FOR the comments,
though his learned friend was grateful enough
press his thanks He then proceeded contend that
cording 10 the rules Of law this paper sufficiently
wha, is TO prevent him (sr. Brady from putting Mr. Pr
chard the stand and asking him TO repeat the contents
OF the affidavit In which the memoranda communicated to
him by Mrs Woodman are embodied There is no neces-
sty be coniended for the production o original papers,
unless they in direct issue between the parties TO the
raj the direct the rule does II all AS 10
the objection the ground that Mr. Prichard had not
seen Mrs woodman write, he referred TO Grecnleaf
Evidence, 577, where II is ruled that the testimony Of
witness 10 handwriting is competent he has the
party write once aud that only his Mr. prichar did
not sec her write butscconty testimony compeenfrom
having the party write letters, bills other docu
mcnts purrortng TO come from that party, acknow
bedged or acted upon by him
The Court could not receive this paper rs judicial
affidavit; il made before Commissioner Of Deeds
before these proceedings in this court commenced
entirely extra judicial The only question whether
X il 10 be admitted us a statement from her.
Mr. sickles proposed so TO treat 4
The Coutt-lt would save time II II was first ascer-
tanned whether this paper was read over to the lady be-
fore she signed II,
Mr. sickies would connne himself TO pon,s--nrst,
as TO whether the statement II the statement OF Mrs
woodman, and secondly, lit entitled TO be read as
pertinent 20 the Issue.
Mr. sickles continued 70 contend that the adnissbiy
of the statement Of Mrs Woodman was not pertinent TO
the question at issue hat tins was not case Of divorce
between Mr. Mocrnan and Mr.. turniss and that
IN no point of view Is the paper admissible
remarks from the Judge in regard TO the re
iator Mr. sicklcs replied that Il the application was made
by incompetent unworthy person, then he would not
seek to justify ~ but Is quite adierent character Mr.
rurries seeking the aid OF this Court any citizen high
low moral or immoral has right to believes duty
that person should have his liberty taken away
II this afdayit s -oghtto be ntroduoei 70 basen Nf -
i not pertinent 10 the question; and there = not line
placing Mr. here prosecutor or IN any other position
han as talented high minded and honorable gentleman
acting any citizen should under such crcum5anccs Mr.
= referred the allegation made Of the mess q
Mrs w.s mind and that tho affidavit part q the res
gd With respect to the reading Of tho letters addressed
by the lady TO Mr. r. they read 20 how she desired
10 attain her hoeuy. Under that, Mr.. f Ia assisting
brr fulfilling duty which any high minded ciszcn
would willingly perform These letters Nr Y. would not
he had consulted his opinion have permitted under
any circumstances 20 have been mado pubc hut h,y
concerned the personal liberty Mrs Woodan order
assist her 20 regain they NECESSARY 10 be real
II u understood that publications prcdicated the am
dav have already been published, and thereby prelu
dcng the public mind against hs client placing him IN
light that called would soner himself % BE-
put To conclude, think have shown this honorable
Court that this affidavit Is not admissible because s
mot pertinent II she Il proved ~ bc Insane viii bc 1T
the option OF your Honor with the certificates Of two ply
sicans commit her 10 any legitimate insane asylum;
the lady OF sound mind then your Honor may tell hcr
20 20 whittier she pcascs The ailiiavit II admitted,
could only tend 70 crafty gossip and scandal,
which would bring public ohoquy the head
OF the lady and those Ia connection with her. This
wa have from the first resisted and no whore
more strcnrly than in hcecadng o this affidavit which,
10 make public would grniyyu rruricnt curiosity. II s
known that the t0rier dcS Is Unis 7tHno AMI other
rnrers predicated staterssns this anldavt holding
IN the reaor IN this black hearted treachcrous
snd Infamous person, who sought To- creumven, cntrap
ena ruin The lady 1bcsfacts OF the do Justify
thest sanderous mptatous made against Mr. f. Tor the
contrary appears from the tone of the letters addressed
bv Mrs Woodman TO Mr. H., true friend begging him
20 interest himself for the restoration oi her liberty aud
aak tho honorable Court 70 release her from impron
men, as o,lious az Il is ahomnable
Iudse-I NAV not be prepared 70 admit the affidavit,
unless hear the witness examined, 10 know he her
read and sien H. II i obvious those letters are her
Aa.-l---l.--S. 4. her hlnlMrlt.nn