The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-23

ship and give spiritual seances, such as the
Davenport brothers gave-dark circles, answering
OF sealed envelopes answering questions without being
sealed rapping of tables moving Of tables spiritual
writing the arm, he would give one-half us
was about the language used; rejected all defendants
propositions 70 humbug the public IA laughs made the
acquaintance Of Mr. Colchester at the National HOTEL
Rochester, and had conversation there; II began about
the spiritual writing the arm; Mr. Colchester up
braided me and said that my writing the was
rdicrlons that he had "A writing on
the arm In his life and that he would show how
produce the writing on the arm, as he produced
IN the seances; he showed how to do IL after trying
the experiment. and found him OUT he performed 1t
FIRST and saw how il was done; then no showed me
how it done laughter); he wrote on my arm John
Henry my two Christian names, which he had heard in
the hotel; perform that in my own exhibition.
Mr. Hibbard objected TO the question which ELECTED
the last answer the witness suppresses the method of
Witness Observation-Disclosures said to me he did not
like the way in which did the writing; said, TT suits
me; defendant then said, Mr. Anderson, | will show
yoa how perform IL in my own seances he showed me
raughteD
Witness took piece of red pencil, neither hard
nor soft, and wrote it in the following manner;
then wrote it in the following manner "a laugn; he
then sad, rub IT, and the you rub IL the dis
tinct il viii boone The witness then illustrated the
performance by writing the word "bumbugh on his
arm, which he showed TO the jury. Nothing further
occurred that evening" il being late; met him subse
quentIy, time in May June, at Washington
Hall when babe him good bye, telling him that had
left with Mrs. Anderson sealed envelope to answer;
The envc,ope sei1ed with gum and sealing had
left Colchester 70 call at Ayers Hotel,
wife, -he for il; the envelope afterwards con-
versed with Colchester abont it, when he pertlna lousy
said Il in his coat pocket; subsequently saw IL on
a shelf in defendants room saw him in the street. wher
he gave the question, but the answer never came
out right; found the envelope open on a shelf IN Col
chesers boudolr nj Washington Hall: il was cut open
and its contents taken out have witnesses to that the
pertinent to the question. but never came
out right week ten days after he wished me TO join
him in his spiritual and Davenport's frand Ia
augh) dark circles, in which was TO play the spirit
throwing about tambourines, &c, and to instruct my
wife in spirit rappng answering questions &C. he told
me it paid him better to call il spiritaalism than any
thing else never had any difficulty with Colchester till
the other cvnng at ST. James Hail. since came here
to be q witness.
Mr. Hubbard objected to the course OF examination.
Objection sustained for the present, and witness re-
suned-Haye practisoJ the trick Of opening the onve
opes repeatedly imagine number Of envelopes in
hat they shaken up in doing so il is an easy matter
to pass ono envelope up his sleeve ne draws another
two envcopes he then draws his knife through an en-
veope, takes out the question, gances over it, throws 1t
and the answer to the question: and says There Is your
question: SIR and mere Is your answer ana ne does one
after the other have done the same thing often aud
nave ~ v acn@ hs of the
right foot to the table, and drawing 1t rapidly across it,
and am ready to do so now; have produced rappngs
without table, by mechanical appliances but not ny
manual
Cross examned-First made the acquaintance Of Mr..
Colchester at the National Hotel time in May
June; am past twenty-five years; have given perform
all through America except the Southern etaes
never gave performance as sprtuaiist in washing
ton: never gave such performance with my wife, at
tempted to expose spirituasm in Washington with my
wife, and did so did not fail from there went to Balti
more from there to Philadelphia Wheeling Harrisburg
New York Boston, &C. and finally turned up In Roches
ter in Rochester about ten days before made the
acquaintance of defendant; was performing there was
well patronized
The Court ruled this course Of examination out Of
order when Mr. Cook said he wished to show that there
was a feeling of jealousy the part of witness against
Colchester, because the latter did better business than
Witness ACKNOWLEDGMENT first commenced the
conyp CO-Da
ness and his wife and Mrs Haskctt would join him they
could rake up the whole country, and make money mt
Syracuse, Niagara Falls, Saratoga, and forth Wit
repeated the evidence he had given in his direct
examination OF the parts he and his wife and Mrs Has
kett were to he taught MR. Colchester he continued
taught some Of the thpgs have spoken Of At the
request Of COUNSEL the Witness exhibited his ara, and
showed that the writing had disappeared
Witness-What do you want me 10 wrItey
Mr.. Cook-I want you write "a name will write Oh
piece of paper.
what Mr. Colchester did; he did not perform in crowd
ed hall Witness then wroie on his arm)
Mr.. Cook-N0w sir, you have been four minutes writ.
ing that name; will you write another?
Wness-No sir, not on the same arm, over the other
writing. HE then took the writing on)
Mr.. Cook-You have been six minutes writing that
word and taking 1t Off Can you reproduce il?
witncss-I can in half minute.
Mr.. Cook-Wll you write Beshazzar on your army
witncss-On one condition. / will
Mr.. Cook-No, sir You must do II without condi-
tons.
Witness-Thep decline doing it; do I, as Mr. Col
chester does it,
Mr. Cook-That will do
PROFESSOR M'A1nrxR'e KvpEyos
John NJ McAllister, sworn-Ths witness depoged that
he was Of the profession Mr. Anderson and that
he had answered questions in the manner Mr. Col
chester does.
Cross examined-Have known questions to he
swered as defendant answered them but such persons
were spiritual mediums and not juggIers.
Mr. MCCARTHY FURTHER rtsrIriEa.
william Mccarthy, recaled-I have the writing
produced in by Mr. Anderson; it is the Mr.
Colcheser's but paler
James Rogers, recalled-l saw the envelope left by
Mr. Anderson at Rochester, Colchester open IL with
knife and read envelope produced) thS Is the en-
The ease for the prosecution closed here
MR. HrBBARD WISHES TO QrAsa TIM INDICTMENT.
Mr. Hbbard rose and referred 10 the law, which, he
said was intended TO meet the Of persons perform
ing publicly conendng that the evidence did go TO
show that there was such performance, within the
meaning Of the act to require license; there was
evidence show that any exhibition given in pub
lie hail. nor any general invitation given 10 the public TO
witness such exhibitions All that proven was that
some individuals had private interviews with the defend
ant. Take for instance, the pretended miracles OF the
Roman Catholic Church, assuming them 10 b. pretended,
for arguments sakc could they be assumed 10 be public
exhibitions? He contended there was no for the
Mr. Dart assumed that pdblic show did not depend
the number Of persons attending IT, but whether It
open to the public.
II referred 70 all public shows given for foe or reward
Mr. Dart in reply TO an observation from M. Hubbard,
TO the effect that fortune ellers well be required
10 take ont censcs observed thar II there anything
In the law describing defendants calling the opposing
counsel requires il should be given to Barnu For his
part, he did not see u.
further argument took place, which waa closed
by the deciding that the should go TO the jury
Mr. HIRBARD OPENS FOR riIy DEvxNCE.
Mr. Hubbard In opening FOR the defence said II was
not expected that should open the for the de-
fence that had left to his associate who
familiar with the case, but Mr. Cook was too unwe to
do So The peculiar nature OF the statute under which
the defendant WAS being tried threw on the government
the onus Of proving that the DEFENDANTS performances
were done by sleght OF hand. He thought he could
claim when the left in the hands of the jury
that there had been failure to prove that Mr. Colches
ter's fcats performed by dextery or sleght Of
hand Even II the jury should be satisfied that the fests
were performed by anything In Mr. Colchester himself
through any chemical agent and not by scght OF hand
the defendant must he acquitted
ARGUMENTS COUNSEL.
Judge j. C. Chumesew was the first witness called
for the defence upon which argument between
the District Attorney and Mr. Hibbard-he former con-
tending that the witness must confne himself 10 the
particular feas descbed in the evidence for tho prose
cuon; 10 which the latter replied that the evidence for
the defence must embrace the general character OF the