New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-10

ksppip..s OF Aesfsnilyi attempted to do the ssms
stsI his siie's death.
M Cashipg-shs understaads the term.
Mr. shaHsr-WeD, she may m terStand law better
Mr.. Cashing-she knows very little then. IbsusA-
The JaJge said the question vss perfectly proper.
wi,pees-0n Nes.Year's Eve Of 1857, witness vas
81 church mp to II O'Clock; she took nck soo r.nS
sutsde; the sexton ssked her be should send iof ~
Hepbtns, and abe said, "Ssrd for asy otei NJ:
Step ems assisted her home, sn1 foox on vi
sss cloak in the rocking chair; ne soosequeuNy NJ
- her bed ind attempted improper hoeft~s, ssu '.o
sese AIMED, and tod MN she would scIes,n h.
"A IA alarm The pejgbborbood, and he senstel; nor
,sr va, then in church but she did not sena TOT he
ss ,he was not aware she was there, the "isness
g gone to chUIea alone sn s,.Ohsos. mouse on the
a.. ennortunity aer; never tod her tstr OF eithef
Of these attempts upon her virtue ~ otePneusi OK.
pknaiiors can De given a. to the cause o. renahiD
a.. AZ lono, abe was never on any other terms Of
.;o,cv wtb Stephens than that OF neice TO an un-
sle AZ she then called him, but people noticed nun
Mig 40 much in her company ahhongn sue odn re-
marx Il 10 much; her aunt desired ner logo oeI WIN
M, Stephens as he was the proper guardian for her
IA hi, ce1pry and abe should be careful OF the peo-
ME here; Stephens being then her guardian, sne ioi
kxed Der auLts advice; ste did not tel her aunt OF
his conduct for reasons among Others that he threat
s..d 10 leave her aunt che mentioned bis bed dc.
.wrs and the did not Ike 10 zee man and wife seps-
rated aunt thought great deal of Stephens aod
was q very kind and afectionste person; after the
lsh Of her aunt che told Stephens she did not wait
30 20 IN or out with him, bat he used TO wait Tor ner
IN she got ont Of church, and as she didn't wisn 10
spsak against il in public, she walked home wtn nm
GSst 10 out with Stephens alone every evening a.
most in the week nor three times every ouhosy "
church, or any other place
After the recess Mrs Bel was recalled and the
crcss- en- amin alton continued; -.
Her brother staid at Stephens house on the night
Of his landing IN New.York, and on the following
morning came TO where mis- sisters stopped and sad
mere knew nothing Of her brother shooting at Se-
pbens, as she was in the country; oiont kho" IL an
Edictms Mt had been found against mn.
The DistrctAttorney said there had been no ndict-
M Ashmead remarked that the prosecutor was
.eyer sent before the Grand Jury, but Was Locked mp
WitSess-Went several times TO Mr.. Stephenss
boute after che left, for trunk, bed and oh.r things,
bot never got them had $50 in the hands OF Mr. Sc;
pbers which he refused to give up until Fanny nad
psid her board for the time she kept house for him.
she never got those so; never got 500; nor even
cant from him; be wished to have Blk or seven per-
sons present when he settled but she replied that no
ose was present when she gave it TO him. as an uncle,
and il he wanted TO keep II he might do soi he then
refused to give it, and she told him never to speak to
@. Did you tell him that after the scene in the Fifth
The District Attorney contended that this was a
gross insult 10 the witness whom, having placed on
ne stand, be intended 10 protect.
Alter eOH6 fuTtnef TemdIks, lne Juube ul0CVSi NJ
70 aIsy or the question.
Wtners lweepiDg) said that che did tell him then
never to speak 10 her. but he said that ne stopped
xpeakpg TO her her aunt would notice IT, anu IL "oa1i
eduseB separation.
M Gushing proceeded 10 examine the witness as to
the recognition Of her aunts body; she knew IL iro m
her appearance and the clothes she put round her
neck knew that her amt said she knocked ner eye
against chest in order TO conceal Stephepss vilAiny
liIere the witness wept bitterly and continued to cob
tor some time, when the Court iotimated that he
woad protect her against any remarks of counsel.
Witness, however, continued to be mucn agtated,
and answered the questions with difficulty
To mr. Ashmead-5Iade an affidavit before Judge
Ralsb, on which Stephens was arrestedi swore 10
what che knew and what she believed tnete was
nothing in it but what she firmly believed what was
inSeibly Fixed on her mind and neverto be oDhteraeo
there was nothing in II but what she knew to be true
she swere that she Stephens mix powder and give
them TO Mrs. Stephens, and thus was true. o
Mr. Shaffer asked what color these powders were'
Mr.. CushiDg objected. Either the powder was
material part Of the evidence or 1t was not ana II the
eonsss for the prosecution omitted 1t purposey IL was
fabricated testimony, and the witness shoua NOT DC
allowed 70 be cross examined on 1t. =,
The Judge thought they had better not ASK the
question He could not exclude IT, but he trusted they
would not ask it. Agreed to.
WitIess oontinued-Ihe reason she did not leave
Rtepbeps house was because he threatened 70 rum
her character and her SISTERS and have them eLcom
mupicated from the Chureh he said he would ruin
them in the city and he succeeded IN DONG SO IN
measure by the letters he had written.
q. Did your aunt use the word prepare when
she said sue hoped to zee Mr.. Stephens in hesveni
Mr.. Gushing objected, and while speaking, witness
said that abe knew the words hope to meet IN
heaven" were used but was not sure the wore
"pyepare" was uked. 80
The Court put the question in another form, and the
witness said tbe distinctly recollecsed the word pre-
pare" had been used by her aunt.
@. Descnbe the affair in Fifth avenue a. MI
Stephens came on Sunday afternoon and asked to be
shown the house; she showed it 10 him, and as she
had been In poor health previously, he gave her
bottle OF wine she supposed for Kindness because
he was very kind TO her them on leaving the room
he sttemptsd 10 commit assault on her person
never went TO any church with Stephens except th'
Tsenty.seyenth street church (about block from b
house,; TO the Thrtyfourth street. ana once u
the sev teenth street church, ana always VITA tnt
knose of her aunt; went toStephenss onse honc'
alone, and remained from half an hour to Sn hour
trying to ges her things.
Mr.. Schatier-That will do, MHs Bell.
The witness then retired.
IThe Dstsct,Attorney here described diagram o
The premises in Twehty-seventh street, where Mrs
A tephens diet
Mr.. samuel Cardwell examined by Mr.. Waterbury,
" as a dry goods merchant; had been married, an
Ia two cbildzsn about Is and 10 years OF age; be
ea pe acquainted with Mis- Bell sbour ~ months ago
At lSanGsy School Excursions at his second Welt SIC
phs objected 10 his visiting her, as her iataer woa
cot allow it. che being church member, and ne not
and il was hopeless case; another time, when his vii
WAS first taken click he called witness a tyo-isce'
shun Ing fellow and bsited and badgered him for TIVE
or IN, ee hours; witness did not like TO quarrel with
man hese niece he was paying attention TO; after I'M
death Of bis wife, be again spoke 10 witness, who sa
he mig BIT forbid him his house, but couldn't proven
him ses ing the girl if che deAirsd him not TO come 4
see her he should respectfully desist; Stephens suhse
ouenty forbid him she house; had an engagement e
NARY Al us Bell; the marriage did not take place ir
copseous nee Of az anonymous letter received th'
sar;ss reyious 10 she day the marriage to tax,
nlsoe. II etter prodneed and identified