The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-22
ACTION FOR GRIM. CON.
DATED states Circuit Court.
Before Hon. Judge shipmAn.
ruVuga ua..

THIRD DAY.
Nov. "a oTriHe r. Brotvn us. CAa:. A. Davidson
yfH NED this morning
Sylvester Peterson (oolored man, who brought up
On attachment, examined for pla0tr deposed-i III 81
~ las seecser street IN the jail Q; 1855 The house Of
MIRA L0ua Ritchie comm enced 10 live there 1857 70
member lady living there by the name q sss Vapey
she there the fall Of 1855 lei the house thai
M she might have been three weeks tlere before len
she occupied tie hrd story front ROOM Ibis house was
on the oorne, Of Anity street ana Blocker; should
indge she between eighteen and twenty years OF age
haa black hsr, VI Ozark coaoexion g.RsFAY, snA
medium beisht snow the gentleman ny tsht Nho V!''
ed Der (wiIpess b.re pointed oai AZ pA'lHSon a. -.
se,temRn whom he sas vstng Ass Falpeyl be eame
uege one evening about ten or eleven uVoA 1li gems
raj work tatre opened mo door hea the Otu vas rung;
ne injured Tor Ates Yalpsy ASKED me II nlss yapey
WAS here and told him EAs shOSed hn up stairs
A. lar "A the lhro shoNel nin the room aaa ne
knocked At the DOR; Inen went down sIairs DO not
know now he remained thee has evening let MN
"a one evening sgsn, but aid nst show him up
stairs. il va la the evening, about nine or len
oicloos evening, when pc Came Inc second tune he
down STARE " NE morning wont ae sen O'Clock Nni
went Gus bali door; carried -'tertfrom sss Val
new once ~ street directed 20 Mr. Davidson lett II
with gentleman ~ the door Of BAKERY, but do not
wha &c done with H. carried al snsver back al.
rpetsd e. Miss Napey, ! passed tie place lately
where delivered that have been there /
went there afe~ weeks ago do know NUMBER,
bg, could 70 thero; know him " The saw
NJ Rche'r be had ~hiskers AL round his Taco when
saw him there; 70 my knowledse did not carry any
other 20 hin.
Cross examined ny Mr.. Cinton--He had whiskers oyer
his iace; thiOs they hgnt, Mr. Let's IA. asked me
sue,iions ard Mr. smith no one else Mr. Eptt vas not
Mrs kche's while was there sthAt boarding
house Q Respectable boarding houee,s supposey A.
great msny other things 0Lsnrn,er) (,r Eliot, wa.
here requested 20 the aulence) Inc wtnoss sad
he could not ray whether he saw that gentleman
The Judge then called the Marshal take the witness
INTO custody FOR dsooeyiog the mons Of the Court
Mr. smith explained 'has The witness ala not heau any
afsrespcct to the Court
Jury discharged and thont ht he would not De want
me Jacge deei,ed him stsnd by for the present..
William sraddooK (cooreo) -Liyed a. Of rhomp
son and BE ecker streets 1888, at Mrs Rttchis's
manned there about ak or seven weeks haa 10 particu
..raet I'D %,,.ne sinnes for Ms Stsne ady
Napay sho stopped there; she left little before
did behave she purposed going 70 B,ston judged Ter
to about nineteen twenty years OF age, she bad
dark eyes, dark hair and dark complexion Q Do you
know Of Any gentleman who called there TO
once TO see MES valpey, when I answered tho
bell him there before he asked
MSS yslpey was in ssu she was did not 60 up
stairs oia not 20 up 70 zee which way he vent 90
not know row org be remained there did not see him
70 out raw h,m tacre AFTER that aud before that but
Shat the only time let him in; saw him another
occasion rong out Of 40 evening saw him there three
ttme- "a" him 50 ouI twice Y We, YOU sia.e " zoe
Eerilemsn whom yon ssw going 10 se Mrs vspey 10 ia
court9 Yes sr; (tne wines here ideiti1ed she de-
Eendant0 went once win Tote from Mrs vspey TO
Sc2 front street; found that not the place. and
To The opposite eide, where saw this gentleman
(pe defondanD In an oice eno gave N the letter. he
fooked ~, and gave another 70 take back this Is
the selisau gentleman; letter he gave for
Mrs vaipey; never saw any other gentleman visi sss
orcts examined by Mr. C'nson-I did not al
ways attend the door have seen Mr.. Elliott
there (ohjtotod TO- but objection withdrawn) A.
cannot cay how often Mr. Elliott, say posi-
lively raw him there three times be asked for Miss
Cufbert: know whether ste married rot;
he went To her room; never saw hi visit Misc vapcy;
Miss ysipey's room vas right beside MISS cuoerts; !
vrlat Mr. haa a - mt
have been in ass vaipeys room; there 4 door lead
ing trem Mics vapey's room 70 MSS cuioerts
Orviile II. Brown recalled ny Mr. suith-Q When was
the la,t time you bad intercourse with your wheY
Objected 20 several grounds, aad particularly ~ the
only being who could contradict hm IL his aud the
Law forods that she should be witness The question bad
been already substantially AntSered the witness wm
Mr. smith saii that Mr. Davidson could deny the pa
terniiy OF this ohnd II he wished to Dc esorn.
Mr. Gerard-oh zee; but this " child Of thirty sir
Mr. smith then said the care fer the plaintiff was
closed
Mr. Gersrd-I believe, your Honor, this court canno,
Cour,-No,sir The case mus, 70 to the Jury
Mr. GerArd-1f the court could grant . nonsait
M Ciutor In opening for the Defence said that was
the extraordinary be had Witnessed, and
n that the Jury must have felt, from the cpen
ing Sor the prosecution, that II wS case that should
nSea 70 the ., NJ Elliott win his
sson and the fact that he was " be reimbursed for the
money he had sdvsnced. Counsel MA hoped tnsi me
Knight Grant Of female virtue 10 the stand 70
deny, he could, the testimony Of Ms Sales,
Who stated thai he iot had kept Mrs Brown; he had
hoped would been put the stand because
be (sr Cton) had IN his possessiou letters from him 10
love be aso hoped would called another
reason. He (Mr. Cntop) was also IN Possession Of
thai William Elliot, was divorced fcr sgh offence against
his ufo (Couneef named the cause, which 10 unit for
pusicaticn) the defence would show that oompiaiots
ksd a ways Deco made by the wife against the painn
and thApher affections we're aiensied from him shortly
eer their marriage Counsel tier referred % the con
duct Of Mrs. Brown IN leaving her husband ana
pacing az an unmarried lady, and the fast 81
her berg actually engaged 70 be married In
BROOKLYN. the suppoeion that she single.
Oonnse charged the with herg for black maj,
ssop iha' several anonymous letters % toat esci
we're sent defcndart or witch they believed
bsd ron Elliott; bat TIE defendant preferred coming
before jury Of twelve rather than suomu neanly
10 pay pa < 30 cradle ether Keep chs woman
csmt,ress mr.. Clinton Concluded OF eiiss tbs FOL
Forever clarified b. tie mi1rles howl
Ofbfsck rns,l wciyee ,hst rltt n fsrsgess p-owi:
coward brood. ~ .ch wrang G. - they prey,
Py hc!nh Instincts 81 tsas tro~ heir say:
Aged - ycrrg. toe liFrg or tie drti,
No mercy rri-,hese harrlss must Be fed.
VIM + Miller, called or tne defence, dcpcsca-Ny
sss q S' Y aw 11 Payne asrr So ISIS
was anplCd 90 BY Inc ats . ars~ ~ articles n
separation between him an gife; hsd tome corver
satou sit ctch q them; inquired q me Pisnia tho
rcss and pecosaiy Inducements or me seprtt1n,
he ssttd 10 uc that hs had been married for Ieoui
year his wife had os, Ter AZ ciou cr ni inst be
hsd underworld V Sup hor That she had done nothing
10 hrfp 10 pay Tor rn@rd thai te va &onca 70 DC gay
And ~ gcrr into company! mat she required dresses
which be ceu'd nord ard that tne nA1 o.casiucaly
ahscused feruct Tor night moro time siInoEs
Aw krovrr where she end lie taorEht better fgr
them separate he hrguFbt vic rttecueuy u To-
ofncc, and I cnnverSc4 wtth Ter; found she N
ciintc the EcIsraa toe result q the coavcrsAtnr
was that drew up rough drtr o. TIE Articles q sopa
rstlou isir Cory Eadc, enf they q n signei T.
ara tie rough draf remained "a ny vss ss,uu (-uugb
draft rToducoa) ths i N M hsudsrliirg, aud rscog
misc li the rough drau from wnch the vas nsae
which Ar ard MRS brown sirrci; rod over "a Their
fr rrrrr
nv election that tic paiutf desired 70 mnsc the
article sfdnr I have no recollection ~ rc'evirg anv
RESTRICTIONS from the wife laa witness then read tie
ruuKh draft fit viii Be trt tnaf tte piaintE
pr vta tAst rho opy Ened ~ hus M aud vile vas torn
up aaa Nurrctl The .raf were IN the UrsK
kgai form agreeing TIA; they should i've SEPARATE durrg
ihcir rstufa vts each 70 bare he exclusive ocrcli "
their earniurt
IL the Cauffte iustrure1ts delivered e. thcr we're
precise coftes ard ifeuucet wIfh the trat
t. NJ JlEto1-l sskea Bro an, a. t1e cpurSr u tic
frti rterves 70 b. sucw q. any icmslc parscn vita