The New York herald., 1865-01-21
MIlLsPAueH VS.. ADAMS.
THE CASE FOR THE DEFENCE CLOSED
The Divorce Proceedings In
Evidence.
INTERESTING REBUTTINo TESTIMONY,
&o., &C., SO.
Supreme Court-Circuits
Before Judge Leonard.

Supreme Court-Circuit.
Before Judge Leonard.
yax. 2o-Andre,1 j. Mi1spcugh va iSeA Adams-The
examination Of the witnesses In this extraordinary
vas resumed this morning. The court crowded
ssua and tho interest manifested by the spectators
seemed undated. Mrs. Mlspaugh and her sister, MrL
Dayton were in attendance usual and attracted genO-
raj attention. The proceedings interesting, the
cross firing between the counsel especially The spect-
tors were highly amused several OCCASIONS and hal
70 b. called 70 Of proprety by the Judge VIII,
threatened clear the court they did dest
from laughing.
MRS. MILsPAUoH oBIIcEp TO BORROW MONET.
Aaroa p. Whiting deposcd as fallows-I am an attoi
ssy and counsellor at law; acquainted with Mrs
Atans in tho latter part of December 1850, was en-
gssed to settle up the affairs Of Mr.. Ealstead by Mrs
Adams and from that time ncted her COUNSEL knew
that she had property to the amount OF Eve thou
sand dollars which s.cd Of bank stocks mortgage
e. somo judsmf nts Tn also soneth ng due her
v.st taken BY to compel The adm strator Of the
sst.te TO account Mrs. Aoeins borrowed money from
Mr.. Fullerton wanted 10 know what all this testimony
neant
l.r. Clin,on-I to show that so far from Mr.
E:i-paugh be ng ndulsent to his wife, she obliged
70 borrow money to get along
Mr. Fulleron-0h Il that s the object OF this line Of
ex-n nat On ! W thdraw my objection.
70 m M1s Sss ap 3 % snS yo 5 9 e to ms
t'le T. NicLolas sank do no, thna She was Indebted
sacre than ESQ at any time; she said sho would
socks
Cross examined Tad you anything to do with getting
C.s diyo ce fon IGdinaY A. No had not
sIErAr II sus t, t. TIs wFE CT IyTuf1IrY
Julian q. Davis deposed that he was pianoforte
1aaacd With Mr.. ard Srs Mspaugh: The acouaiatance
,srmcnc q In 1876; saw Mr. yillspaueh on several
snos .,s1 recoisst his speaking Of his wife in
ivfvroe 10 r HNistcad; the con- crsaiion commenced
sbaat no; he said that c believed that shc had crini
hal ie.,oarse witt; John Halsl cad and others this
G-cr uiis SUIT was commenc d; Mr.. Mlspaugh said he
wouli have the matter r.ed before jury; that Mrs.
Mlpa ga was anxious 10 keep II quiet but he de-
sernncd % make IL public, even though 1t would ruin
tnfce or our iaini les
Crossexamncd--rhe suit referred to by Milspaugh
VA; the present one; AN bachelor and board at No.
II West Eleventh Get, alone.
Rsdirccs-I nave seen Eiiilspaugh and Mr. Hal
ftead together; they gere at my place together reco
~Ssa very fr enaly, good hearted man. and was always
wtiing 10 be Of rsice any one; the relations
sa'w.en lin and Mrs. Gspaugh appeared to be merely
E.sndly.
yRs wruR4UcH xlKEs ooMYDASr
Alfred n. CON- tes. fed as flows IL reside in this
city and am in tho prci ce business know Mrs Adams,
fos ne ~ MIS-. Aispau b; my wife is also acquainted
r1sh her; haze known her twelve or fourteen years
yr,or to 1865 nee then wo have visited each
ss.heri we wero in tho habit of vsitias Mr. and
.:sro tw GO a month or SO. @ State whether in
1sJ0 Ara mspaugh made complaints sbo4t her husband
4 Yes, she complained 70 ms veral tim s. saying he
h.ot or getting intoxicated. d Did she FAY thing
u regard 70 tn subject Of her adectons A. She told
ye0tcdiy that IN Lad affection for him and did
love him. @ Did she say anything about divorces A.
s-quently she spoke % me about leaving him. and
e,uld not li.o With hin much longer 9 Did she say
.aythins abou, his pushing her ovsr chair A. Yes;
SAID she had not been married month before he
boEhed her over chair one day.
rnz INT, xiCi T1oS QUESTION
asnk sana e h n That ~ ae ,wes
his own room on cne occasion h9 was sitting,
and on another b, was clin ng On sofa; /
S,y intcsica.sd. Q. From your knowledge Of
L what his habits for drinking for three or four
yoars prior his separation from his weY A. never
saw him noxi ated cep the occss ons referred TO-
G When he visited you what your in respect
% locHins up the lisas,sf A. Iwa. n the habit Of
60; did this for fear that he would drink too much
ssconc intoxicated q Have you ever heard him ad
cal her fool and damn fool at his own What
would occasion those rcmarksf A. He would order
aSow, Jackson, don't drink any more when he woad
Tcply, "Oh, you are fool judging from the tone,
Thought y, was habit Of his to make Of this Ian
Tuasa. @ Did you hear him say anything To his wife
r~lat ve 70 lr John .. Halstcad In 1867
Nc Full rton oa ctcd to tn counsels naming any par
&c .Lr year for tho purpose Of aiding the wltnesA
Tic Court OVER led the objection.
wi'ucssI have recollection Of his saying anything
upon the subject.
q. Did Srs Hlspaugh say anything 10 you about
agcs made against her by hor husband in reference to
to.i Mr.. Hlspsdgh that she too intimat with Mr.
isl.ead, and ,ilt husband cot into terrible pas
G.n when nc spoke 20 her upoI "a sut CT Did you
vrm-tti ir. Halstead ana 'ii,. Mspaugh togchrrs A.
Yes thty Oft came 10 oar 70 ms together O. Did ilrs
Asbn gh say a.yhhg 70 yon as 70 what sha would 40
oot upon him sh great deal CT interest," ana would
b. villng 10 clore with him; was afraid she would
s'e done So aad had previously advised her TO leave
thN hotel and 60 10 Housekeeping q What kind Of
liquors vas hili7Ha4sh IN tLc habit Of drinkingS A.
Lreyy iluors such as brandy, sin and whitkey. q.
v To A.
thc oitcn l sio arrid her husband would die VI
~ 'ses'e 9 M1at - Niis2aush m condition nc n when hen
saarrosonac; his vito often complained 70 me about
Cross exaniacd-Iiaye you taken deep interest In
tas saiS, A. Yes. q Has Sirs Millspaugh visited your
s S ysas sas n family snss mss .Se iSsaase spS
ra,ei from her husbands A. Once or twice
month . Have you v.s.ted thcm' A. Yes, at tho
Bancroft House end tho Spngler Hotel Q Were you
ava that there attachment between Mrs Hills
paush and ilr. Adams A. thought thcro was a ilra-
ton between thcm at rst subsequently,, from remark
rrade by Mrs kllsraugh felt convinced that she
rded him with deep t' rest; she said that she might
Ess. % res divorce O Did she tell YOU shia more
taan A. On Two or t.iree OCCASIONS @ Did she
say where she was 70 set the divorce fromf A. From
Indiana q Did she cay any one advised her upon the
sus;cc;f A. Yesi Adams. q DID she tell you what
p.Ise IN indiana she was going TO for dvorce' Yesi
core spondencs with a lawyer thcrcf A. She did.
o When was thsf A. ID 1872. Q Whom she returned
Prom lnd ana, ID sho not Ie you that she had nlcd
bill Of and 10 in October for the di-
vor,es s. think sae did q After her return from
Ird am the second time, when did you see herf A.
cau't remember u DID Adams speak with you upon
che subject Of the dvorcef A. Hcdd @ Did he say lie
intended 70 marry Mrs. Mllspaugh when she got d.
vorscs A. lie did. Q Dd they ever remain all mig h. at
your houseP A. No O Did Mrs Mlllapaugh stay
q rour house all nehtf A. Yes Q Have you famy2
have daughter she about eighteen years Of ago,
Aad is nj board n hool
QUESTION oy rRorRnry
g DID voc ever speak 70 Mr. Mllspaugh about these
divorce procsodiugw A. No, sir. Q and you raw him
several tincsl A. Yes O Why did you not tell him
nocuL The divorce mattorr A. l Supposed he knew
sonethng ahort q; supposed that he would have re.
owed notice from tho court. O. Before tho decree
wa grnhtedi A. No, supposed that Mspaugh knew
rne about his aiars than | I'D U was this not told
:. yoa a. @ @sasserets A y was not Q Did you desire
poD hat you kept this secrrt from your friend Mlls
fsaghf A. tl1u flt he ought to have known all about
=. nmseI nnyou MOI keep u secret because you
~ jel a.. ,hinS y would Interfere With their ltls
toax al IL In that lght thought that N W.,