The New York herald., 1862-12-19
the WALTON MURDER CASE.

THE WALTON MURDER CASE.
suit for Assault on MRS. Walton at the
Funsrsi services Over Her Husdsnd's
Body.
SUPREME coURr-cIRcUIT.
Before Hon. Judge Hoyt and Jury.
Dsc. B.-Giss y. Waitsw ~. Wsltam r. WaaOH =
Ths v an action brought BY the plaintiff against hor
orothsr isAw. william I. wAtOn for assault alleged 70
have bean committed upon her in st. Peters church
Twentieth street, tho occasion Of her attendance there
q the funeral services Of her deceased husband John
Walton, who assassinated in Third avenue 90 tho
svenhg of the h Of june $780, In her complaint she
lays the damages al so 900 The defendant in his an
swer, denies the assault and all the allegations Of the
complaint In consequence OF the notorety attached TO
the circumstances Of the tragic death OF her husband and
the various ltgatons arsing out Of his will &C., aud
from the fact Of her son. Charles Jenards being indicted
for the murder Of her husband and under sentence
and awaiting the decision OF the General Term
II invested this with more than ordinary intsrest
and bad the effect f drawing large attendance In
court thinking they would hear some startling develop
ments She appeared court attended by her counsel
Aeesrs. Edwn James and Thomas Dunphy. The defend
ant Y represented By Messrs David d. Field and his
James and the evidence which was called for the plain
tin, IL appears that on the day Of the funeral ip st.
Peters church during the services when the friends o.
last look Of the the defendant approached the
In which the plaintiff was and offered hsr his arm 70 20
with him TO the cc1ln; her making effort 70 take
his he rudely caught her by the wrist and twsed
il, and pushed her back in tho seat Of the pow this
that unable attend the funeral that the
Of personal violence were dscernabe on her wrist and
arm. A
After the examination Of other witnesses,
Mrs. Ellen d. Walton the plaintiff was called and ex
amined by Mr.. James, and deposed-I am widow OF Mr.
Walton heard Of his death on Sunday morning. the first
knew Of It seeing IL in the HERALD was at that
time separated from my husband for about eight weeks
and was then boarding with DR.. Sade; he and Mrs
Sade camc with me to Bellevue Hospital to see the body
took measures to prepare for the funeral saw the
tce OF the funeral in the HERALD, ard that the friends
were invited attend the body to be buried
in Greenwood, and the services were to be IN
the church in Twentieth street went there in carriage
with Dr. and Mrs. Sade after the funeral services had
been read many persons LETT their pews go up to the
coin; waited until thought they had been all up;
anti came TO the pew anG offered his arm rose TO
take it, ana he pushed mo down the seat in the pew
again and he seized by the wrists and wrenched
them; heard some voices cursing and swearing, but
cannot say that he said anything did not 60 up the
coffin; lady and assisted out ot the church,
do not know who she was went to the carriage in
tending to 90 TO the rneral but felt faint aud drove
horne my pains the present time particularly
on damp days did not do anything in that church to
cause this conduct.
Crosscxamned by Mr. D. D. Field My feeling aboutthe
defendant is that he is the bitteres enemy have on
earth have no feeling against him; there ID suit
pending between executor Of the will do not know
that the plaintiff ever charged me with the muYder OF
citement in the church was occasioned by the belief
sting in the mind Of the defendant that this plaintiff had
murdered or nstgated the murder OF her band OBJ
jccted 10 and excluded, Witness continued know
that VIM Walton the defendant had paid money to the
District Attorney (Nr. Waterbury, to have my
victed and that he (deiendant Mr. Waterbury over
hundred dollars to pay Moore, the detective to
follow my son and get evidence against him: was
separated from Mr. Walton; had suit against MIN for
the recovery Of some money OF mine. (0bected TO.
was married to Mr. Walton; know Hamilton Morrison
believe he is alive he was alive year ago; have never
Is,, Mr. LsolA
played large brown pacard with the name,
ZEE. ". Morrison, Alhambra Ice Cream Saloon" on i'll
Nr. Edwin James objected to the production Of this
curious document.
Mr. Field proposed to ask the witness f she not at
that time the owner CT saloon N Rochester and the wife
OF Hamilton Morrisong Witness-N0, air Odd you
live with him as his wee Al lived at the head Of his
family.
The Court ruled that all this was irrelevant to the
question at issue here which an action for assault and
battery.
Mr. Field said that this evidence came on, on trial in
the Oyer and Terminer.
Mr.. james said that matter is pending before the
courts yet
Question by Mr. Feld--Did you ever sign in the
name Of Flen NJ. Morrison,
Objected 10 and ruled out.
2. At the time you went through the marriage cers
mony with Walton. were you married TO Morrison
Objected 10 and ruled out.
q Had you lived with Morrison his wifes A.
lived at the head Of his family Q Did you live with
him as his wief A. did, for four years. IN Rochester
never swore TO a complaint before Justice Moore 10
Rochester against man named B00rman, IN the name oi
Ellen Walton my difficulty with Nr Walton was not
upon discovering my intimacy with Mr.. Morrison:
caused by his brother: Mr.. Walton said
he had had q correspondence with MIR. Morrison, and
that he was perfectly satisfied tha: the reports
deiendanU we're untrue; the OF my separs-
tion from my husband was the rumor set on loot
by the defendant 4! have four chldrenthe convicted
and three others. Y. Are they all by Ar. RusseIr A.
No, sir; the little girl N. q. When you married Mr..
Walton WAS he aware thai you bad . daughter lOb
lected 10 and ruled ont. a. With whom did you hrst
live man and wife, A. With my husband Charles
Jefards lived with my husband. Captain l.usse Of the
United States Army married Ienards under the suppo
sition that Captain Russell dead his death
ported in the papers my daughter by Captain Russell is
her sixth year Jelardf II dead. u Did he obtain
a divorce from you [0bectcd 10 and ruled out.
To Mr. Jane. Mir. JeHards death aunoGnsed be.
fore married Cptain Russell OF the United states Army
there is no other litigation between and The defend
except for my dowly and the recovery the ney
for my furniture.
TO Mr. Fed--blr Walton refused 10 live with me at
the instigation Of his brother was served with
for limited separation but understood from Mr. Wal
ton (deceased tnat nothing would he done in the
suit IL consented TO live at Dr. Siade's
guilty Of any violence threats towards husband.
The for the plaintiff having closed Mr.. Field Jr,
after speech of considerable force prodaced the under
20 show that tho defendant only put up
his prevent hes from gong towards the corpse,
and that the excitement the rcgatop
from the fact of Mrs Walton being church At three
O'Clock the Court adjourned O'Clock Friday tthis
dav) when the other witnesses for the defence will be
examined
Movements or Troops I'm New York and
Vicinity.
DEPARTURE or THE ONE HUNDRED AND SEVENTY
FIFTH REGInENT NEw YORK STATE VOLUNTEERS.