The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-03-16
LOCAL.

nov Mr., Murdaugh, opened the case, ana reau
ths marital relations between man and wife, quot
;no law. To show the fact, that man and wife,
we're one, Mrs. Curtain could not be prosecuted for
stealing and carrying away anything that De-
ionged to her husband.
Mr. Holiday, for the defence stated that there
WAS no testimony before the Court, to show that
Mrs Curtain had ever stolen any property.
The Court, therefore, discharged tne accused
The case of the Commonwealth %: James
White, alleged to be the companion OF Mrs. Cur
,sin in her elopement, was then called.
Witnesses sworn, among whom was the wife OF
the prosecution, Mrs. Curtain.
The first witness called George johnson,
The prosecution asked him "what he knew about
the case, and where he found the property z"
Here grand haranguo and medley overture
occurred between the counsel on both sides. Tort,
retort upper cut, parry and thrust, were grand
and amusing features of the exhibition. at last
l.. Fl. Chandler flor the defence,) arose to his
pns and had something to say. Quite rare oc-
currsnce.
witness allowed to ego on"
had a search warrant, and from information
Ireceived, l at once proceeded to search the pre-
misses of Miss Hostead, on Bermuda street, in
Norfolk, where found rocking chair and some
ether property; also searched the premises of
John Collins, on Basin street, in Portsmouth,
where also found some property. All this pro-
nerty was recognized by Mr.. Curtain who ac-
companied me, belonging to him. know the
prisoner, James White, he stopped at MIR. Cur
tan's bar, where L have him acting as bar
keeper. do not know how long he was here;
when came here, last July, he was Corporal
N the Nineteenth Wisconsin regiment; have
known him by no other name than White.
The examination elected no other facts.
las. Harrison, policeman, testified that he took
ont a sesrch warrant on Sunday and searched
the premises of John Callahan, in Norfolk, where
he found some silver goblets and a lot of mantle
ornaments An old lady at Mr.. Callahan's told
me that they were given to the children. ~
dow he fnrr m
Inns, and White, the prisoner. Collins asked me
iii would purchase ticket for lady on the
baltimore boat. | said yes. White then gave
Colins two five dollar bills, which he handed to
me- and asked me to get ticket for Mrs. Jones
did So and handed the key of the state room to
Mr. Collins. On Saturday saw Mr. White come
off the Baltimore boat. l have seen the prisoner
White at Curtains bar, often.
William Benson (the ice man III boarded at
Mr.. Curtains; White boarded at the same house,
and sometimes attended bar.
Upon question by the prosecution, " did you
aver see any improper inter course between the
accused White and Mrs. Curtain 2"
To this the offence objected, upon the grounds
that it was difference how often adultery had
been committed. The prisoner tcas on trial for
larceny, and not adultery.
The prosecution argued that it was incumbent
upon them to show the adultery, and they pro-
posed to do SO, and also the delivery of the goods
to the accused.
The defence maintained that the delivery OF the
Foods asst first be shown.
Mr.. Holiday, appealed to the Court in the
name of morality and decency, to stop the teas
ings assumed by the prosecution, and confins
them to the testimony Of the larceny, and the de-
livery of the property to any one by the accused,
that, it must be shown that he had any compli-
city whatever with the transaction
The Court ruled, that it must be shown, that
the accused had any connection with the stolen
property, or its removal. The examination of
the witness resumed.
Ihave counted money for Mrs. Curtin, Mr..
Brown and Mr.. White were present do not
known MIR. Whites connection with the house,
Mrs. Curtin told me she had tried Mr.. Curtain
long enough, and that she did not intend to live
with him any longer, and that she had every
thing prepared. The accused, White also adyls-
ed her not to go off.
C. R. Brown have been living with Mr.. Cur
tain since Sunday, l was frequenter of the
house before l commenced work there l had
placed in nv hands at one time ST. 900, as Bal,
lee, for Mr.. White, which Mrs. Curtain gave me
to 60 his bail, before the Provost Court when he
had been arrested in connection with charge of
robbing a soldier i went once with Mr.. Curtain.
The money was not taken by the provost, but de-
posted with Michael Carroll, a property hold4A
as security to go bail, required by the Court for
White. have seen Mr.. White with much
$780, which he said he was going to deposit in
Bank.
The prosecution asked: 'sDid you ever see any
intimacy between White and Mrs. Curtain?" OBJ
jscted to by the Defence On the grounds previous
ly stated and from the face of the warrant, which
only Oh urged White with stealing furniture. The
defence maintained their position by arguing that
it was not necessary to show what money had
been stolen, where and when it had been stolen.
1t was enough to show that larceny had been
committed. ...
The Court ruled with the defence, and the wit
ness resumed. have never known OF any effort
on the part of Mr.. White and Mrs. Curtain to get
Mr.. Curtain drunk to put him out of the way. i
have had Mrs. Curtain put money in my hand at
the bar, when throwing dice, and lost to pay
for the drin,s 1t was oily in friendship; can say
other reason
William Hannah gave $1,000 so Mrs. Cur
tain, which was sent to Mr.. Curtain by Mr.. Car
roll, by me. This is all l know of the case.
John Curtain.-On Saturday saw Mr.. White
on board the Adelaide. l asked him where my
brothers wife was, and was she on this boat? he
said he did not know, but he thought she was not
on board, but ON the other boat When the AIDE
laids got on this side, saw Mr.. White come on t
of the state-room and lock it after him.
Michael Curtain.-About two o'clock on Satur-
day, White came to see me at my mothers $; asked
how was, told him first rate. went to my
house about an hour afterwards, and found every
thing gone; went on the hunt for them; went on
board the boat and saw nothing. My suspicious
have been aroused often in relation to my wieand
Whites she would often remain in the bar at night
after her mother went to bed White told me my
wife had gone to Baltimore. Mr.. Crocker has 9
letter which found behind my bar, it was from
James White to my wife. The letter not being
propuced, tue witness was not permitted to state
its contents. tvtA d
/ Mrs. Callahan, (mother of Mrs. Curtain) i
only moved my own clothes from Curtains
/ Money, what did know about money! How
4 much of Mr.. Curtains money did Mr.. White
have2
Old Lady, excitsdly. did ! knowf Wha
did have to do with the money?
Here the old lady went on in an incoheren
strain. and the Commonwealth attorney re
quested her to stop, but no STOP, The old lady
had her say out Nothing was made out Of her.
Mrs. Margaret Curtain (the accused - hiret
aruckman to take my things to Norfolk to my
mothers house, and concluded to go to New Y orl
to see nv sister, as l was afraid to live with Mr.
Curtain, he had acted SO badly, and broke my