The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-02

The sherman MISUNDERSTANDING Of Testi.
mony for the Respondent.
Before Judge C1erkc.

The sherman MISUNDERSTANDING Of Testi.
mony for the Respondents.
Before Judge Clerke
IN 70 ne petition Of Fyunca E SAernan -Ths sxami.
nation in the proceeding on the petition for the custody
Of Walter Sherman, m infant son Of Mrs. r. T. Sherman,
resumed yesterday, and the testimony opened for
the defence
Benjamin Sherman being sworn, deposed-f Am the
respondent In these proceedings: tho child Walter Is
my possession At Coxsackie have him now two
years; recollsct the time Mira Frances Z. Sherman
came to my stand in May last; that was the last time
two o'clock p NJ the stand Is open in 'front.' on the gang
way people constantly passing all day Mr. Hobbs and
ONCE is six feet four by four feet SIX she tho
stand part Of the time and in the Office part OF the
times there are two windows opening into the stand
think all the windows were OPEN the door was open;
Mr. Hobbs writing at the desk when Mrs sherman
came In; he then got up and came out and sat on
Darrell ! suppose Mr.. Hobbs could have heard low
Conversation don't think he could have heard wbis
per; did moi whisper; think Mrs. Sherman stopped
place there did not propose to keep her; did no.
attempt TO put my hand on her legs !
ala not attempt to squeeze her or put my hands around
about her egs did not do or any OF the things she
alleged In her examination; sat on the high stool my
came In she asked how Waiter was; told her he
well and rough and ready she then asked where Sidney
in the stand; told her he was for he be where
could watch him; she asked me II he was no better OF
bis spasms; when she got through she got up and
shook hands with me: sho said, ''Father, If
Sidney is going TO be here l shall como 70
this stand morc she said nothing about being in
suited; recoect calling my and Mrs. sher-
man when they boarded at Mrs Bruneps; staid there
two nights: the first night slept with my son, he was
sick from having broken his nose; was sick also she
went and got powders; she slept in bed.
room across the hall; she asked At what hour was
going 10 the market in the morning. said about three
both bedroom doors open when ] got up In the
morning; person could near from one bed 10 another
from one bed 70 another; my son vas awake whom
! got up; talked with him about half an hour
before | got up; after ! was dressed ! stepped
the shoulder; she woke up and asked how felt;
told her felt smart the pain had left me; she said,
"Fathor come up again as soon as you can; said, II
canno. be running here, as / have to work hard;'
then went to the Market made tempt to get into
the bed thought Of IL; didn't try to pull down
the covering, touched her. only have stated
she said nothing about telling Sidney; the ether time
slept In that house slept by myself and she slept with
four O'Clock called my son up and he went to the
market with me: she and / not lett alone
three weeks apart stopped with them when they lived
In street, after the child was born 1t was
about four months old; hs. nga' my son and his wife
east corner the child slept in the front room aione
this was in February 1884, and II was very cold In the
room where the child slept; told the parents they
ought have fire In the room the child got crying IN
the night and kicked the clothes Oft up and took the
child and walked the floor with IL until It 90. to Sleep
/ then took it 70 bed With and kept it all night;
the next morning the parents said had no bust
ness taking up the child; l told them they
were unit bring up such q child; l told
them they wero only two young nrts anyhow.
The remainder Of this witness testimony was mainly
with view Of rebutting the testimony OF David Van
Way, who was examined the previous day, aud was
the effect that the child well cared for at Mr.
Shermans home NJ Coxsacks; that we'll dressed
and had plenty Of clothing; that u was the habit Of
people ct Coxsacke 70 allow their children 70 the
streets considered healthy and the doctors
commended III thai the child given 70 his wit
nsss'y wife bv Mrs.. sherman the petitioner, and that
deponent was able, through his pecuniary means 70
take better Of II than It's parents could do The
examination was then adjourned until to-day For
petitioner, Thomas Dunphy for respondent, W. shaw.