The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-22

my son. about ten years of age away and took him home
no crowd was dispensing as reached the reservoir
. William Nash-Resdes in Hudson; was on the steps of
MI Toby store ON the evening Of this transaction; Mr..
crowd did not know what il was about; remained at
the store about an hour Mr. Toby in about ten
minutes after we heard the Alarm and came back again
while was there.
Charles L. Winchcl, examined-I am Of the defend
ants; know Mowers, the plaintiff; know Mr.. Etug;
know his daughter Anna
MT schancr-We object; we have nothing TO do with
her
ExJudge Dean proposed to show by this witness that
Mowers did know Anna Etng although he swore he did
not that Mowers had had criminal intercoure with this
young lady, she being in that state OF mind which we
have intmated; and contend father had right to
take any vengeance upon the person who had 80 out
ragged his child
Mr. Schaler argued against the admssbility Of the es
timOny.
ExJudge Dean asked to amend the pleadngs, in order
that they might be able to prove this justification.
The Court could not permit issues TO be raised outside
the pleadings, and denied the motion.
Witness examination contnued.-I have been acquant
ed ed with Mr. Eting for twenty years 9 is he a man
Of family Objected to, and ruled out) !
present ut the application of the tar and fea
theirs; ] saw Mowers in his shop that evenings
was standing at some distance from his shop, walking
up and down. saw some persons rush into Mowers shop
and pull him OUT he was knocked down the sidewalk ;
those persons were Miner, Hammond and Howard Now
ers was then taken to the square where he tarred
Miner and Cris took part in it; Hammond and Howard
did not did not AXE any part in the transaction; did
not say TO Mowers Don't stand here talking take off
your cothes' did tell him if he had watch and
any money to give il TO Bogardus after they arred and
feathered him the ring opened and he ram after they
tarred and feathered him they called for rail- to ride
him on; told them they had gone far enough and to open
the ring.
Cross examined-Whe told them TO open the ring
they did SO; that was the first time ! interered
Miner and Van Dusen, one of the defendants,
helped to take him to the square; l cannot
remember all the persons saw in the crowd remember
Geo Allen, Howard, Decker Bostwck did not Peter
Bogardus there; il the shade OF the evening" IL is
some time ago, and if knew any more | can't remem
ber said or did nothing in the square but tell them to
open the ring that they had gone far enough; made
affidavit to change the venue in this case.
Mr. Schaer read part of the affidavit in which witness
gives the of several parties by whom he expected
to prove that he took part in the transaction except
prevent it, and that they could prove where he at
the time. Have you any correction TO make.
Witness-I think that is correct
To Mr.. Dean-I knew nothing whatever about Mowers
being taken from his shop before that; Mowers stripped
himself.
stripping. Mr. Crs and Miner told him to strip.
William Benedict resides next door to Mr. Elting, only
hall between u.s. the first knew of the transaction
seeing some people pulling Mowers out OF his Shop Mr.
Citing was either in his house shop al the me
him in his shop afterwards did not see Mr.. Citing at
Mowers store when these persons went in could
him if he was there.
Cross examned-It about five minutes after Now
pulled out Of his store that saw Mr. Citing his
store; man could walk from Mowers TO Mr.. Etngs
store in two minutes
Adjourned to Thursday ths) morning at ten O'Clock.