The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-12
Edwin Forrest's Libel Suit Against N. r.
Willis.
COURT OF COMMON PLEAS.
Before Hon. Judge Hltou.


ArRu u-ISt,,in Forrest Vs. NJ r. WiLlis-Ihe Jurors
having answered to the names Mr. Forrest was recalled
the witness stand and being further examined by Mr.
Van Buren, deposed Il present the taking Of the
depostons before Mr. Livingston think they were
sealed up by Mr. Livingston and sent TO Mr. Sedg wick
did not them sealed up; believe Mr. Sedgwick sent
q young man from his Office with them TO Harrisburg
saw them afterwards at Harrisburg; they were sent TO
me Open after proceedings in Legislature we were
waiting for than hour for Mrs. Sinclair 10 come
before the Commissioner she did not come; Mr. Jamison
not asked engaged by me 70 accompany me from
New Orleans.
Mr.. Gerard objected. Mr.. Van Buren, desired to show
that the statements in the article complained Of not
witness contnued-I did not request Mrs. Sinclair to
pay attention 70 Mr. Jsmison there was any thea
rca dispute between me aud Mr. Jamisou IL is not true
that Mrs. Sinclair week trying 70 bring about re-
Cancellation between me and Jamson; did not know
had not Mr.. Richard Willis before that article
(he alleged Ebel written, and he had never been
invited by me to my house, the statement in the pubca
ton about visiting a phrenologist in London is mhre
presentation OF the facts
Cross examined by Mr.. Gerard-was married in 1887;
the building at Fonthl is castellated II has no battle
building when spoke Of it, @ Is there not manson
in Englsnd built BY Mr. Bedford, q celebrated man,
called Fonthl Cstef There Isl he is celebrated in
more ways than ono. O. Is he considered an nfamou
man, stated by Mr. Van Buren, In his openngs A. He
is considered; think Jamison once on Broad.
depot when Mrs Sinclair and left Cincinnati O To see
you off? A. do not know what his object was accom-.
panied Mrs Sinclair in the carriage to Mr. Godwns at
her request portrait In the carriage she asked
me for copy Of IT., and told her she might take
the portrait itself she asked me for copy
OF SHAKESPEARE and told her to take one from the library;
she old So and wrote in Mrs. N. Forrest from Ed
win Forest executed mortgage the Weschester
property in ls49 donot remember that In that mort
gage designated edwin Forrest of New York;
was 80 asserted the trial Of the divorce suit voted in
westchester in November, ls49; purchased few
house experimenting the building and few friends
soDaly called on me- generally Sundays the proceed
ings in Pennsylvania were in November, 1850.
Mr.. Gerard about to read from printed book the
affidavit Of Mr. Forrest in his application TO the Pennsylva
mia Legislature.
Mr. Van Buren, objected as the original should be pro-
duced.
Witness to Mr.. Gerard-The original presume is filed
in Pennsyvania do not know where the copy is that
was sent TO me from Harrisburg have searched for
and cannot find it,
MIR. Van Buren, further objected
Mr. Gerard then questioned Mr. Van Buren,, without
curing him to be sworn-I counsel for Mr. Forrest
the divorce suit this Is copy Of the proceedings before
the Superior Court to set aside the verdict and did
aside go far as the amony is concerned O. But not
to the divorce? A. Not as to the divorce.
Mr. Van Buren, still contended that the book not su
GENTLY proved to be in evidence and contended the
proceedings between Mr. Forrest and third party had
nothing TO do with this case.
Mr. Gerard offered to show BY Mr. Van Buren, that this
paper oi which copy is in the book proved that
trial by Mr.. Sedgwck one Of Mr. Forests counsel. COB
jected to and ruled 0ut)
printed handed 10 Mr. Forrest and he believed
1t TO BIO true copy with the exception Of few errors as
70 dates which he marked with pencil only presented
one petition to the Legislature.
Mr. Gerard was then permitted to read the petition.
Q. What was the result Of that application?
Mr. Van Buren, Buren, objected TO trying that before
Mr. Gerard insisted that as Mr. Van Buren, had opened
the door he had right to enter and have all the Of
the case brought OUT and claimed 10 AJAX the result of
that petition
After hearing Mr. Van Buren, the Court ruled that the
~ .noAaV
Cross examination continued-I said Friday that Mrs.
Forrest had raised false issues with regard to separa
ton rumors reached me, and the matter was made pub
lie II appeared in the newspapers.
Some discussion as to whether Mr.. Forrest had
said Friday last that Mrs Sinclair had broken faith by
making their separation public
The Court aaid-The witness so testified and on
reference the herald report which very accurate
far goes find witness says determined to
take proceedings for divorce determined IL because she
broke faith with me in not keeping secresy, and present
ing the case in false ssues'
by MIR. Van Buren,; admitted and exception taken) A.
She became Mrs Sinclair after the divorce suit call her
Mrs. Sinclair because the name OF Mrs. Forrest that
Of my mother and degraded until that bold,
bad woman took II. allowed her the separation money,
Q. Have you allowed her the limony since the trial.
A. have not.
Mr.. Van Buren, objected. Tho Court said the answer
should be stricken out The conduct OF Mr. Forrest
that publication cannot be given in evidence.
Mr. Gerard argued for the admissbilty and the Court
thought that sufficient ground had been opened admit
don't remember that notice was sent TO Mr. N p.
Willis or his brother that dispositions were being taken
for the Pennsylvania LEGISLATURE the other party mrs
Sinclar) was notified: neither Mr. N P. Willis nor Mrs.
Willis at the examination; this evidence which hold
in my hand was alone presented to the legislature there
no printed copy Of the memorial.
Mr. Van Buren, proposed TO show that having property
in this State the witness supposed he had right TO vote
The Court did not think it competent.
Witness to Mr. Van Buren-I wrote TO Mrs. Sinclair
when supposed she made the separation public.
O. Did you call the attention of Mrs. Sinclair 70 the dis
Mr. Van Buren, desired to show by the witness that At
the time he found the letter Consuolo), he said Mrs
Sinclair ''Ths explains the position ia which found you
with Jamison" Collected to, ruled out and exception
taken)
Mr. Van Buren, then offered the "Consueo letter" in
evidence
alleged LIBEL was written IN answer to the publicstio in
the HERALD the article made reference to this piece of
paper now offered They may read the Consuelo letter
The Court thought the evidence was competent, and
permitted the letter to be read.
Mr. Van Buren, then read the following
THE CoSsuEIO LETTER.
And now sweetest Consueo, our brief dream is
and such dream Have we not known real lfeg Have
we not realized what poets love 10 set ideal state
giving full license to their Imagination believing in
IT'D reality Have we not experienced the truth that
ecstacy is not fctionS have; and will not permit
myself to doubt you am certain you have. And OIL what
an additional delight TO thnk-no to know-tbat I have
made some hours happy to you! Yes, and that remem-
brance OF me may tighten the heavy time Of many
hour to come Yes little dream Of great account is
overreay stares the face Let US peruse it's fea-
lures Look with me- and read as DO and you will find
our dream liz not all dream" Can reality take from
Us when sbe separates and exes from each othercan
she divide our souls, spritss Can SANDERS tongue
or Rumors trumpet summons us to parley with
selves where TO doubt each other should hold counsel?
No. no. A doubt Of thee could find hsrbor in my
BRAN than the opened could be the hummng
birds harbor. And as my heart and soul are in your
possession examine them, and you will find no text from
which TO discourse doubt Of But you have told
(and oh, what music did your words create upon my
grateful ear) that you would not doubt me- With these
considerations dearest our separation, though painful
will not be uncomfortable. And " sombre hour should
ntrude itself upon Danish by knowing there is
who Is whispering to himself Consueo There another
reason why you should be happyhat is having boon tho
means OF anothers happiness; for am haspy and with
you TO remember and the blissul patton OF seeing
you again, shall remain So wish could toll you my
happiness; cannot. No words have been yet invented
that could convey an idea OF the depth OF passion
composed OF pride admiration, love- gratitude and vene-
ration, without being earthly, that feel for you
Be happy, dearest; write 10 and tell me you are
happy think OF the time when shall meet again be-
eve that shall do my utmost TO be worthy OF your love.
And now God bless you thousand times, my own, my
hn 40 ttax