The day book. [volume] (Norfolk, Va.) 1857-1867, 1860-03-31

CuNrlSUED.
WEDNESDAY, Marcia z8th.
The Court opened at the usual hour Tha
room was crowded with persons from Prin-
cess. Anne Norfolk ca, Norfolk city aud Cur
rituck county, n. {. Mrs. Land was MT IN
Court The prisoner was brought il, look
ing pale and detected, and seated as usual,
in the bar just IN rear OF his counsel, and
the examination OF witnesses commenced.
francis H. Whaeburste eon tinned-
Q.-Wha! is your ayr
A.-Twenty -four years and some months.
Q.-Have You contributed or promised to
contribute to tb2 ~ SaCution ct this case :?
Al have not.
Q--Is it understood by you or between
you and others that you are to contribute to
the prosecution OF this ease?
At is not.
@. BY the Commonwealth holding sew
ersi letters. DO you. recognize or know
anything OF these letters
Objected to by defence, aud discussed by
Tazewell Taylor and Ex-Governor Wise in
opposition, and John Peters and Msrmaduke
johnson in favor.
Judge Baker decided that they could be
read, and were read aloud by Mr.. johnson
as follows, dated respectively END Febru-
ary, 4th March, 9Th March and the Nth Of
March
Q.-By l,etence-0id you visit your sis
ter at Mr. Smiths before You received the
torn letter?
Al did not visit my sister at Mr..
Smiths before received the torn letter, ia
ted the 18Th of January. | visited her after
the 21st January. In that interview 1 told
her to state the hatred of Land to Flanagan.
/ may lave suggested corrections to the
! statement made by her; did expect anoth
| er statement from her after having prevail
| cd upon her to make the first statement,
| tried to get another from her | don't recol-
| lect telling aer what form 10 make the state
ment il when ] suggested to her that the
| form was not satisfactory, told her that |
wanted another; she may have asked me if
| it would do or not. L nave said that l ex-
| pected to get another statement from her,
| and have stated that did not get another
| have stated that told her what correc-
tions | wanted made in the next statement,
but have never seer, it or had it /; yet can tell
| wha. ] expected to be in it | may have sug-
| gested the change in the statement did
not state the expected change, because
hal forgotten it. did not think there was
anything in the subsequent correspondence
! which released me from my pledges not to
use the first statement. l did not state to
DR.. Way and Mr.. Burroughs that | did not
think it was finished .tatement. did not
ask her for the second statement on Monday
last, when | had an inter view with her at
the tavern, before she came into Court.
John j. BWrou9hs-Clerk of the Court,
sworn by Judge Baker-Mr. Francis White
hurst called Indirectly on me for advice
DR.. Way asked me to 20 to bis office, and
took the letter (torn,) or statement of Mrs.
Land from his pocket, and asked me to read
IL; when finished reading it, he sent for
| Ir. Whitehurst. He came in, seemed much
| distressed, and asked our advice. | conclu-
| ded that the correspondence ought to be pla-
/ ced in the hands of the Comm0nw eath's At
| torney, and so advised hun. No other letter
| was put in my hands except the torn letter,
| Mrs Lands confession,) as it is called, and
I don't think any other letters were spoken of
| at the time, and this was the first time had
any intimatiou of the existence of any re.
| traction of her first statement, or Of any pa
| per of the sort. | advised Whitenurst after
| very little time for reflection, to suonit it to
the Commemorative Attorney. think |
took the letter to Messrs. Peters and John
| sons room. thought it very delicate
matter, and asked4hir. johnson to accom-
pany nae to my otft, where handed it to
| him and told him the circumstances. DR. WAY
was present at the time. Mr.. johnson com
| meneed reading the letter before went out;
| am not certain he finished it; was not told
| by Whitehurst what had passed between him
| and his sister, there was not time for that;
! the might have mentioned it, but did not
| hear him. No question of morals was sub
mitted to me,as to whether he had RICH: to
| show it, but he did state that it was a conf
Dental communication. He did not state
| to me the facts as to how he got the commu-
nicatiOA. We Consulted about it only while
| engaged in reading tit took from three
| to five minutes to read i'll did not deter
mine the matter myself, but thought it best
| to turn it over to the commemorative attor-
| ney. determined in my own mind that ii
! was best to submit it to the commemorative
! attorney for his consideration as well as
I mine-of course | thoughtit was to be used
\ Il was ignorant of every fact connected
| with shat letter, and only knew OF the letter
itself. have not contributed or promised
to help pay for this prosecution-l did
write to Mr.. Daniels, of Richmond, to APP
pear here at this trial. | may have said /
would help pay If necessary. was applied
to to write retro1it of Mrs. Lands. first
statement, which / declined.
| z. by the commonwealthDid you know
| MIR. Flanagan.
| Al knew Flanagan very well, and had
known him for more than ten years.
Oval you be good enough to state
| your knowledge of the general character of
Mr.. Flanagan as to homer and virtue.
This was objected to by the COUNSEL for
the prisoner, as not applying to the case, and
ruled out by the court.
| DR. Way recalled. MIR Frank Whitehurst
advised with me respecting the (torn) let
| ter, confidential letter. On Friday night
| about eight o'clock he called at my office
| and told me that he had stopped in and
wished to converse with me, and wished my
advice in regard to letter in his possession
He placed the letter in my hands and told
me it was letter from his sister Amy. He
requested me to read it and l did so, and
think the first question l asked after read
n VOC SCdid ANY write this letter herself ~