The New York herald., 1862-12-07
THE EIGHTH AVENUE ABORTION CASE.

DIR. Browne Before Judge AlcCunn On .
Writ ~ H~bess COrpus-k1eb~ ~tsing Evi
dencs for che Defcnce-Cress- Ex IA lnina-
tton OF Augustus l.. .sirnms-Intereslamy
Tcstisnony-Where Does the Msrgin
Between Honor and Dishonor Lie DC.
Before Ossy Judge AcCunn, al Chambers.
DEc o-Dr Brawn, the alleged aborsonist. accused Of
causing the death OF Miss cementna Anderson by pro-
ducng an abortion ON her dufirg the early part Of last
month"; and from effect or which she died on Wedues-
day, the iSlh ai brought before City Judge
this afternoon on writ OF haboas corpus He at
tenesd by his COUNSEL Mr. Henry Clinton. Augustus l.
smus, tho alleged soducer, present, accompanied
by his brother, Charles ii. Smms. Mr.. Cnton cross
examined A L. Slnms at considerable length for the
purpose of ciicitng rebutng testimony show the
crime attending the death Of MISS Anderson should not be
charged his client. The Doctor was brought tho
Judges cnamsers by Nicholas Maher, keeper OF the
Tennis and during ,hc examination OF simms appeared
be intenty reading newspaper.
The following Is the evidence gwen by Augustus j.
Sinms, who, beng sworn, testified that be lived az
No. la9 West lonh street and sign painter by
patton lie about twenty of age, and hrst
became acquainted with deceased at the door Of her
fathers house. introduced her by lady TREND Of
hers occurred about two years ago this fan and after
that he VISITED her twice week there
no Understanding that he went as suor, aud lothng
was said about marriage tbsre marriage engage
mont and understanding any time that he shonls
marry tho decessed his visits after the first months
were discontinued orenythat is, not with her fathers
knowledge as Ear AZ he knew her father had forbid
doa HIM the house. nc cognZnt OF his visits dnrng
the FIRST six months; he did request bim
nue tnsm tney afterwards continued without the
fathers knowledge, NJ the daughters request; hevsed
her At her fathers house after that the father generally
absn halfpast nine, and the witness
usually loft before that time; the reason she gave
WAS that affair happened in which her
father supposed ths witness the principal
and her father requested the deceased not to
keep company Nth him; ihe affair alluded was "A
complaint of Indecent assault against friend the
Witness and the father understood was he the 1om
plant was indecent assault upon young lady OF
the name Of Cusey; his friends name Coles against
whom the complaint made witness merely know the
lady by sight, and complaint against him
believed be had never at any time been arrested on
criminal complaint; his friends D. II. Coles
whc he believed was arrested the charge aud had
examination before police magistrate did not know
where the occurred believed be gave himself
up, witness soae MISS Curley, present
when the conduct on tho part Of Coles which
he rssed it took place at No $50 Beccker street,
in witness store, which paint shop; but him
self, the lady AMI Mr.. Gales were present; indecent
assault made: the lady sitting NJ toes' lap
she made complaint Of the conduct received in his
store; she commenced to cry, but could say what
About witness thought she oniy eigned it Iii know
what she there Tor, but supposed she
went To Mr.. Coles, with whom she was
acquainted she had been thee before When he wss
there 'hosc were the oyy two occasions which she
war in the store but had her pass pndreds OF
times when ste commenced crying she sitting on
toes lap; during the time she was there he did hear
hes say anything particular when she commenced cry
ing Mr.. Dces told her she had better go home he did
laf d AZ. .tnpc aEa
any liberties witii her.
4. Your brother, Chares H. s;mms testified thai ne
heard YOU and pas Id .oies once for ill.,
treating aietnaie is that true or false. a. IL i false
arrested
4. No, ii Was made against Coles only he was wit
for Gales on his trial the Special Sessions when
Coles discharged there had to his knowledge
been any criminal complaint against him. was born
brought up ana had always lived IN New York city ;s in
business ne sign piter and etierer for the trade kept
the place D Rlescker about three years from
sisy. isls, e MAY, 1867; save II up ast May; be-
tore that his place 0f business 20 Warren |
street! in partnership with person named stephen |
Byls, who lives in HobogeB where he Aeens napt
shop before that h. worked in Hammond street with Nr
Ackehna nut the. were not in partnership previous
that he worked ioi Sayis and for himself learned his
trade with Joseph s Panels, in Canal street AID was
with him abont thirteen months no othc apprentices
there at that tne had hved his present resi-.
dsnce ';s West Tenth street, about twelve thirteen
Years With his parents; be asked Miss Anderson 10 ex
plain 70 her father that he had connection Nah The
complaint lodged against tcIes she satisfied that he
Lad uot but coud not she told her father in
tbs habit Of speaking 10 the fahef during the hrsi six
nen,hs; he Told The daughter that he innocent IN re-
gard to the Tom against Coles and rhorg lint wac
suteen,. and md not thir 1t necessary 70 expsn mat
tors TO the athsr be ooild not account OF the
daughter not wishing min Ia do So and tbersos oo,d
not explain matters 10 nim; he veed Miss Anderson
from the time hv nrsl knew her until her de-
Ease & 2. ..,os 9ss..ens he saw her a. he door
he never vis,ed Miss Anderson with her fathers know
edge, .'thgb he saw hin, in the house times
years be visited her every wees general hing: ne
fFst began to take liberties wi'h per IL March last
Dear ~ he c4id recoect no,hiue said by her
~ any time ~ relation 10 bs marrying her the subject
u marriage was never spoxen o IN reference TO each
oshsr in Mar last the intimacy between them began
,nd ne was quite certain ha he did mol setIace her,
= We .le not, as ar is yGa know entirely yirtuo's
y, ~ 70 me tae Sah n,si had nicEesmse eth herr y
Could nvt Say the either Nas % a4s not viriuoNs.
q Where dio ysnr drst intercourse win her occur.
4. la shs entry ~ her fathers wss late in The
evening, after her father had retired was passing
2oug ths street. and she stood ~ the door waiting for
@ Did she make objection opposition yoar inior !
course with her that cycsineg A. Not a. much a.
decent girl ought 70 do
~ From that time about how frequently did yon
hay. intercourse with her? ). Not very often, some
times once oy wIre wccE AMI thss neat week not at
AZ; this lasted 20 s2nle time in September last
Z. When did shefrst tell you that she pregnan,
by your a She never told me she h. me: she
$40 fpe was pregnant u was sooat the 9th or 7'h f
: O IN Angus; last did she say lnythmg 70 yos as 10
so, bu. do remember anyibsg Of The E'uG: in
September last she also talked about heinz So
witness yettks Els los he AZ iiaf time Ut her
Quest. some o, which he Ler take procured two /
lscxee in SIXTH avenue, Fourth .irs.i.
q Didyea. Up to the time she went - Dr. growses,
tnGw anything, of your own knowledge ~ whe,i-r
se hot pregnant. aside T0ru shat she 10 Ia
ysae 4. Yes. iron wAa saw shoald say she was; \
iadred from her Increased si1e or person.
Q. Have you s knowledge on the subject asde from
~eayor Judged - yoy stats Qa the increased size OF
ber person. A oA,uc, say bot bsvs.
O. From what time 10 what tine did yss continue pro-
curing pills for herr A. From about the ai.le OF Jolly 70
tie nliddle Of sepcmber she wss taxing them thso
only 70. three soIes.
Fave You ever hees IN any previous dnnsuity
ssrd 10 any lady ~ ,sdlc~s A. ~, cir.
80. fad Nhs Anderson, al e. bme you visited hnr
mother living A. Yes ustil sfs* weeks before she left
the house
hee you IN le hatit OF seeing her mother Yes,
slf very sftsn