The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-24
THE ALLEGED WIFE POISONING.
Court of Oyer and TcrmIner.
Before Hon. Judge Roosevelt.


FIFTEENTH DAY-CLosE OF THE TESTIMONY.
MARCH 237ae People u.s. James Stephens James Hanna
recalled and examined by Mr.. Cushing for the defence
Had conversation with Mr. Flynn (he apothecary) on
the subject of purchasing arsenc he said he understood
was the man who bought the arsenic from him. and that
had given 70 stephens, and that had better look out
for myself he said mis- n the presence Of Richard sse
phens; this was after the arrest Of the priloner
M Cushing proposed TO reld the papers in this case
Which were returned the Office of the District Attorney
The District Attorney objected and Mr.. Gushing asked
the District Attorney If would admit that those papers
were art 10 h;s Office by the police justice
Tho District Attorney could not say that they were.
Mr.. Cushlng-Tnsn please, Mr. District Attorney, take
the stand Mr.. Waterbury was then sworn, but could
identity the papers the signature OF Justice Welsh
Tio As6 slant District Attorney, Mr.. Sedgwick, was
sworn and ioentcd the signature Of Justice Wesn did
not beneve the booy in the Justce's handwriting
Mr.. Gushing called William Knox, but he not answering,
council for defence moved that his testimony for the
prosecution be stI ken out.
sr. shaher objected; tho witness hal bccn examined
and cross examined and they had subronaed him they
might move for attachment.
Mr.. Gushing In, called Chnuncey Shnfer who deposed
that he was present az OF the examination OF Wm.
Knox before the Police Justice; the examination not
completed my impression Is that he did swear that
had lain the beu with the Misses Bell than once
Henry Nanoervoor Clerk Of the Court OF Oyer and Ter
minor, examined by Mr.. Cushng-Tbe returns made
by The Police Justices to the District Attorneys oce and
then 10 witness Office TO be led the body Of this
paper p oduced lie in the handwriting Of clerk in Judge
ID y.
James h. Welsh, Police Justice, examined--Deposed that
in the examination Of this before him, William Knox
wness cannot recoiiect Knox signing his deposition
cannot say that this his signature; have distinct
collection. O. Can you recoiect whether you performed
your duty magistrate at the time? A. presume did
a man Of the Of Knox was examined before me;
there other man Of that name examined tho bo
dy Of the handwriting is that Of the clerk in my Office; the
signature TO the jurat s mne cannot swear now that it
The Court ruled that in favor Of life he would allow the
paper 70 be read Tho police justice swears there was
but one witness named Knox examined before him. aud
William Knox admitted yesterday that he lad becn
amned before Jus.cc Welsh.
Mr. Gushing then proceeded to read the examination OF
Knox before the Justice, In which he swore that he lay
On the bed with the Bell girls more than
o. motion of Mr.. Ashmead, the afldavts made before
merger, Wiam Knox, Fanny Bell the anonymous letter,
and affidavit from sophia Bell, put in evidence.
This closed the for the defence with the exception Of
The District Attorney said any further evidencc 1r tho
prosecution would be cumulative They would not there
FORE call any others.
Mr. Cushing asked that the prosecution elect upon which
count Of the indictment the prosecution would rely.
The District Attorney declined doing Inc Court
ruled that the prosecution not Obliged 10 consent
Defendants counsel excepted
Counsel both sides proposed that two counsel up
for prosecution and defence that the court nov ADJOURN
and that counsel before morrow and
another after the recess the two remaining counsel 10
cupy the next day rday the counsel for tho respective
The Court remarked that II would be desirable that this
should be submitted 10 the jury that they would
have ample time 10 deliberate tue case before Sunday
The jury expressed wish 10 30 with tho far
they could to-day.
The District Attorney said that by adourning the
counsel would be enabled 10 systematzc their
the fifteen days testimony, and that time would DO
saved by the posponement
All the counsel complained Of being exhausted.
1ne Court said that the utmost time that should be
allowed each side was three hours 10 be divided
sci pleased 1t true however, that there great
Of evidence here. If counsel think that time would bo
saved by tho adjournment, perhaps 1t would be well 10
suspend until Thursday morning.
Alter great deal Of conversation this subject bc-
tween the Court the counsel and tho jury agreed
that the should stand adjourned 10 Thursday morning.
at ten o'clock.
The Judge announced that application Is made for
an attachment against Richard stephens.
Mr. Sedewick objected TO the affidavit and the issuing Of
attachment, tho ground that Richard stephens
already been on the stand and examined and was
cd. Exception taken.