The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-24

be had drank him drunk on two three occasions and
@ Where was IL that he said thiss
Mr. Clint0n-0Aocted to. s~s~t~F
Judge Leonardo don't think the location is OF any
consequence
O On how many occasions did he say this? A. On
great many Did he say anything about his own con-
dton Mt the time.
Mr. Chronological tn.
Mr.. Pullerton-I have Alright 10 show everything he
said with regard to Mlspaughs intoxication The other
side have tried TO provo that my client was a heavy
drinker Iwant to show that Adams was the drinker,
and not the plaintiff N
e, THrAFRicAL. :
Mr. Fullerton-Now you may cross-examine the wit
Mr. Clinton-Jane winslow You may CO.
Mr. Fullorton-This Is meant for tragic effect, sup
Mr. clinton-I objec. to the genteman's having any
improper intimacy with the witness referring to
versation which the witness holding with Mr. Fuller
ton in whispeE1 loud laughter)
Judge Leonard think the gontleman's remark was
quite unnecessary and uncalled for
AWKWARD DISCLOSURE.
Margaret Belmont deposed that she resided at 81 West
O Do you know Seth Adams' A. have known him.
O. For how lonsf A. Five or six years. @ Did you
SEQ him with tho likeness OF lady in bis posses
Mr. oiinton-obectod 10, on the ground Of its irreo
Judge Leonard-n may and II may not be. The wit
ness may answer the question.
carte de vsite Of lady dressed white with curly hair
Q Did you learn from him who the lady WASP -
Mr. Cinton-Obected TO, on the ground OF Its irrele-
vancy.
Mr. FuIlerton-I will withdraw the question for the
present: Was II the Likeness Of any person here
court A. To the best Of my knowledge she sits in front
of me (pontng at Mrs. MilIspaugh with the pink flower
O. Where was ths9 A. At No 10 Mercer street Q To
whom he showing II?
Mr. Cllnton-I object and ask your Honor to strike
out the answer the previous question: under the ruling
Mr.. Fuller,on-I hone not We want TO show how
mnch this really thought of Mrs. Miilspaugh. They
n,abiy ai lint In Inya1 har L
want to show that ho d d not.
The Court granted ths motion to strike omt Q Who
objected 70 and excaded) O When was III OBJECTED
to and excluded.)
Mr.. Fucrtcn--lIay it please the Court lcs me b
heard moment What is tho theory OF tho defence in
this casey Why TIT there was no attachment existing
between n and Mrs Mllspaagh, AMI that therefore
lirs ldspnugh was tho legitimate prey OF Adams.
That he formed attachment for her which was recp
rocat d and that lie kindly took her T. Indiana, and
there got her divorce To counsel tho other side,
In his opening, argued that there lasting attach
ment between them, and sod Adams, who had
oil at her feet unless his heart was in
volved DOES the man who intends TO make woman
his bride and not his paramour into houses OF iamc
and exhb her likeness TO the nmaesP think ought
to be allowed TO show these facts.
Judge Leonard-We won't try the Issue in this case
upon any statements that counsel may make 1t is not
in evidence that Seth Adams had an affection FOR Mrs
Mr. F6lerton-I want to show by his admissions that
defendant intended TO scucc this woman far back as
1890 and what he said in relation to her in this house
Mr.. ClinonThsic is no allegation OF the Kind In the
pl1 adngs.
Sarah Reading dcposcd that she had been the house.
keeper at tho Bond Street House for twenty years;
living al Fort Washington was at
the Bond street House when Mr. and sfrs Mlspaugh
lived there; also when Mr. Adams boarded there;
never Mr.. Eispaugh drunk except once, when ne
got drunk with Adams, and thoy were both taken TO me
station house think they got drunk In Mr. Mlspaughs
room; so far l obser, ed thought Mr. Mllspaugh
very GOOD aeconato husband under tho circumstances
Adams.
Cross- examncd-I knew Of Mr.. Halstcad being at
pa oh were intimate heard Mr. Milhpaugh say that no
wished she would come up stairs TO her own ROOM and
i Lea. Tsaa Acne one , you Or ANY 0S; Non
that recoect, although no had good reason TO- laugh
tory
Seth Adams recaed-Q. understood you to say that
you in Fort Wayne in October 1so2f A. Yes. @
Were you in CourtY
Mr. Clinton--I object to tho question.
Judge Leonard-Thc witness may answer
wiiness-lt depends upon what constitutes court.
Q. Were you N what you thought constituted court2
A. do not think it was. Q We're you not before
Officer OF the courts A. I believe was O. Were you
nessS
Mr Clinton-what is the object OF thss
Mr.. Fclcrton-I want 10 attack the decree.
Mr. Chntor--You can't do that; you governed on
trely by the record upon its face
witness don't know that testified to anything;
tons askeds A. In the hotel @ In what parts A. In
the ss:ng room g Who called you as witnesss
MT Fulertcn-Yoo were witness IN the case Of Mary
S Sa isss in vs. the an Indiana d1oToe cssei
unable 70 say. o Did YOU give evidence in that
not; the slightest objection TO tell you any
thing know Q Then you have not the slightest OBJ
any in this avoo CASEY gave no
sworn testimony Q DID you give any evidence In this
divorce oasc2
n No baeo tha
Judge Lconnrd-He Is entitled to examine the
witness the best way he can. This is not an ordinary
Mr. Clnton-The point ra SO is this that your Honor
ought 70 instruct the witness to what constitutes legal
J.dgc ieonard-Ths witness ought TO know the mean
ing Of the question. cannot instruct him
Mr.. Fullerton repeated the question three times, but
Witnoss-I made some statements but don't rccoect
giving any sworn evidence; as understand myself
think l have the right TO say l did not give any
I think l did not O Don't you know whe
said, bat don't know whether il was evidence or NOT
@ because IL was not sworn tor A. Yes O. Dtd you
give any unsworn testimony A. answered the ques-
istorcdf A. think there not; In fact would al
most swear there was not. q Are you sure there
Was there any other witness called except your A.
None that know Of @ Don't you know there notr
A. None except my wife; she gave her testimony.
THE EVIDENCE CI0eKp.
Mr. Fullerton-This is tho for the plaintiff I
have motion TO make, which ought TO DO decided
before proceed TO up. claim that this divorce
Is absolutely and unqualnedy void and that this decree
be used In other way this trial except in mit
CATION or aggrava,ion Of damages. therefore move
that be stricken out evidence Of any marriage be-
tween Mrs. Mllsrau gh and Mr.. Adams. The counsel
then referred to case In 10th johnson tBorden VS.
Fitch 10 substantatc his argument
Mr. Clinton in reply, took the ground that the Court
could go behind the record and that had not been
proven that the plaintiff had not been duly notified Of the
divorce proceedings.
Judge Leonard said no would render decision in the
matter tho following day, and adjourned the court
SHIPPING NE VS..