New-York daily tribune., 1859-05-25

THE HILLSBLRGH LIBEL CASE.

The examination in the case Of Chss. Hilisbursh
against Capt. John l.. Chauncey, L. S. N, on a
charge Of lbe committed BY writing slsnderous
letter was resumed yesterday afternoon, before jus
tee We.-L.
In the redirect examination Of Mr. Hil'sburgh.
counsel fo- Il complainant asked who was referred
to By the name MARY NJ, in one Of the letters Of
Capt. Chauncey. This was objected to, and the ob-
lection was sustained. Mr. Hillsburgb, in answer 10
question, then sad tLat he never rode out with
Mr.. Ctauncey on a pleasure drive He had ridden
with her in public vehicles on different occasions.
Counsel for the defendant took up the re-cross ex-
animation, and a.ked Mr. Hillsburgh for a description
Of the Location Of the premises occupied by himself
and Ms. Chauncey in the cottage Of Rockaway.
Objected to by counsel for the complainant
Counsel for the defendant thought the specific
location Of the rooms at Rctkaway should be known,
a. well 4, at the previous hotels. lie stated that
their rooms at all the different places had been
tiguous. The objection was oyerrucd.
Wtuess-Mrs. Chaunccy had rooms on the right
hand side OF the cottage a. you enter by tie door;
had room in the lef hand corner my door being
eight feet from Mn. Chaunceys; Capt. Chauncey :
little boy and lodged together; Mrs Chauncey and
her little girl roomed together did not state that
MIS- Chauncey, after her return from SHARON, occu-
pied rooms Immediately above at the ClinOn-place
the time referred to; they were exactly opposite, on
the hall: three Of Capt ChGunceys children were left
in my charge-Kate Fanny and Buddy, and also Mrs.
Chaunccy-at Sharon Springs, on The Captains leay.
ing soon after ls Kate, the eldest sent for, aud
went away to New.iork to school; Fanny went o
school also, leaving only Buddy at home.
Counsel for defendant asked the question whether
the Rev Peter y Chauncey brother Of the defendant
did not demonstrate at the expenditure incurred by the
ompainani. Mr. Clinton objected, and stated, by
authority be said that this course Of Inquiry into an
other branch Of the Chauncey family was against the
interests of the defense, and not desired by the
gentleman named Judge Beach thought these re-
marks were extremely offensive and asked that coun
sci for the complainant should control only hs own
side. The objection was sustained by the Court
Witness-The letter from Capt. Chaunccy at W ash
ippton, dated Nov. 20. acknowledging the receipt OF
letter written Nov IS, and containing structures upon
Mary conduct not based in it, tenor, upon state
ments made by me, by my correspondence; the pistol
and inkstand scene occurred before Capt. Chauncey
went TO Washington | think; do not know whether
the pistol was loaded: the time in the morning when
the Captain asked Inc TO purchase pair OF boots for
one Of the children was between and ~ O'Clock;
the purpose for which uscd 20 call every morning at
the door Of MIS-. Chaunccy was to see whether she
was ready for breakfast; sometimes, on these occa-
.iCns | went into the room cannot tell what proper
ton Of the time this might have bcen when she SAID
" Come in,' wen, in; it might have been halt or
three-fourths Of the time.
Counsel for the complainant objected and said hc
wanted TO coufne the matter TO rules of evidence.
Tl. ground he said, had AL been gone over ady.
Counsel for the defendant sad he wanted to chow that
the two rooms were connected by door at the Union
Place Hotel. Counsel talked too much. Objection
oyerruled.
Nitness-There were two doors communicating be-
tween nav rooms and those Of Mrs. Chaunccy. They
opened INTO her paror.
Direct examination Tesuned.-Capt. Chauncey was
pcrfecty well aware Of this fact. because we walked
through them frequently; he knew il the very day he
arrived in Ncw-lor, his return from Africa; lie also
thanked ne for continuing in these room; presume
Capt. Chaunccy knew oi my calling every m"rnlng I"
accompany Mrs. Chauuocy 10 breakfast: have never
heard ANYTHING TO the contrary; sometimes the lte
boy and sometimes the ltl girl IN the room when
called; sometimes the little boy would come 1" nay
room and tell me tha; h, mother ready, when we
would all 90 down together except the little gir, WHO
usually had gone TO school the breakfast hour was
about O'Clock.
Cro,s-examination rcsnmed-Q. lou say you pre-
sumed Capt. Chauncey knew ol your morning ,ls.'
10 Mr. thauncey, what makes You presume ;" ~.
Because he asked ne about L.
.. Have YOU ever seen Capt. thauncey IN bed n
Mr. E.. : room A. have not; never looked IN.
Counsel for the complaint objected, on the ground
that the opposing counsel had M business Z" ash
whether the Captain slept with hi, wife.
The examination OF Mir Hillsburgh was then an
nounced a. brought 10 q close for both parties Some
discussion took place to the income ana resources Vi
CAPT. Chauncey the counsel for the complainant al
leong that the former at the rate OF 81 O year
while of duty aud - $40 while service, but that he
had $40 600 besides aud did not pretend TO rely upon
his paw iCr support. The counsel for the defendant
wanted to have the amount Of the pay testified TO and
entered but the matter ruled ou by the Couri as
irrelevant.
The counsel or the defendant then gave notice that
lac would move for a dismissal Of the complaint, ~
neither parv had any further witnesses To- offer. The
summing up of the counsel was sei down for " eln->-
day the Iii of June. at o'clock.