The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-04

sumed the crosse Examination OF Miss Julia Mcguire
was continued and finished. Some portions OF this
examination evoked the greatest interest In the
minds OF the audience whose numbers had percep-
tibly increased as nightfan approached Following
this another Witness Margaret winker a German do
nestle in the family OF Mr.. Gamble was put upon the
stand when the counsel for the defence agreed that
owing to her having been convicted OF petit larceny
ami sentenced-the crime being perpetrated at Mr..
CANDLES resldence-she disqualified from testi
fyIng Her testimony was however admitted DR.
DOremus, although It was fully understood was to
have been present during the day, did not appear.
occupied until half-past one O'Clock Saturday
ing. During the evening session H. b. Fenton. OF
Rockand county who has been an earnest attendant
OF the examination from lts commencement took
part and announced for the first time that he was
one OF the counsel for the prosecution.
CROSs-ExAMINATiON OF MISS JULIA MAGUIRR CON-
TINUBD.
Mr. Gamble and got back rom New CITY Salur-
O'Clock. having been away about three quarters OF
an hour; did not think there was any harm In
Gamble, inasmuch as his wife dead. to stop and
keep house for him, nor did we have any converse
to bed on Saturday night could not sleep;
was awake until between four and nve O'Clock,
eo1ea G mot the trouble up
friend lost was the cause: know that It was be-
tween four and five O'Clock SUNDAY morning before
got asleep by hearing the clock in the parlor strike
the former hour; when had the conversation with
Mr.. Gamble about his saying that he heard the body
said 'she did not know what she would do If it was
her case; Mr.. Gamble had nothing to say about the
something said by me about some Of the relatives
desiring the body to be exhumed, and after some
religious ceremonies to be buried elsewhere; said
be done Mr. Gamble said It could not be done
with his consent; this was at the time to the best OF
my knowledge, that Mr. Gamble said he had heard
nothing more to say or add on this point;
between Mr. Gamble and myself during
this visit: Mrs. Hujus said no more upon this sIbcrt
honse w N street. New YORK betwee
Second and Third avenues north side, the night OF
August !; ! do not remember what was doing that
time; Idon know what time went to bed that night
! did not have such q cessation OF my trouble and
grief about the loss OF my friend that could sleep
bles house; my usual time OF getting up
is about Ave O'Clock; did not sleep any more.
the sth from the time that got up on Saturday
morning had sleep until after retired the fol
lowing Monday evening, except that dozed on q
the witness would not answer a question OF "what
IL your ager' Question was repeated and. by CON-
mand OF the Justice, she answered, sobbng, "rweny
Tne name OF that friend I visited in Yorkvile
the 10th OF August after my return from Mr.. Gam
be's house. will not give; do not want her name
Objected 10 on the ground that the question was
| Irrelevant. Tho admissiblty Of the question was
argued by the defence, but the reason OF the inter-
rocatory was not given as it might develop the line
OF the investigation. Other argument ensued when
| the objection was overruled and question admitted
and repeated.
Q. What was the name OF that friend whom you
visited in yorkvile upon your return from Mr.
CANDLES A. win not answer the question; don't
Counsel for the defence insisted that the oneston
must be answered but the witness still refused to do
3d. when the Justice was asked TO enforce the rule In
such cases, and he again commanded the witness to
| answer. which she did A. Her name is Miss Ger
| raty; she lived in EightysIxtl street, cannot say
| on the house; she does not reside there now; she
has removed; don't know where; do not
E.a.r hnr Gruf nat Ixs.w
with herr aid not see the lady IN house; il was on
the street; LEFT the house, saw her In the house
that Monday evening and we went out together;
mean TO make correction about not seeing her In
the house; went out together; that friend has
moved to Harlem; do not know what street num-
ber last saw her about Ave weeks ago at church;
do not know when Mr.. Gamble threw the tumbler at
ms we sne year was s vi, cannon give se month
parlor; Mr. Gamble when he threw the lumber
was standing near the table; cannot say how near
he was TO her at the time; cannot say whether he
was within twenty feet OF her not; I cannot say
anything more about II; don't suppose the room was
Q. II. then, You suppose the room not twenty
feet either way why can you not come withan that
distance that Mr.. Gamble was to his wifef A. can.
not answer that question.
Mr.. Gamble was about half the width OF the room
from Mrs. G. when the tnmbler was throwni ! do
we are now In nor do know whether IL was one
hall, nor can say whether It was quarter AZ large.
tine room referred to was the court room, which IL
about fifteen feet by fourteen feet
Q. Was the room twenty feet in length'
first show what the space OF twenty feet IL, and then
her judgmen. az an expert must be known. 0bjec-
Mrs Gamble then sat between me and her hus
band about In q line; ] was sitting between the win
dow and Mr.. Gamble; was not directly In front OF
the window; don't know who picked up the tnm-
bier; saw the tumbler on the floor afterward; do
not know that Mr.. and Mrs. Gamble caused that
tumber to be thrown away afterward, nor do know
what became OF IT. the tumbler drst struck under
the window against the wall.
@. Who did you first tell, II any one, about this
case under cousideratlOnY A. Did not tell %
o. Have you told any person about this case. or
any portion you nave sworn To before you were ex-
aminedy A. No.
q. Have you not tod any portion Of what you
have sworn to In this proceeding to Mr. Daily, Mich
ael Murphy, Thomas Murphy or sister Caronag A.
question to-day which elected the statement about
throwing the tumbler when you had entirely omitted
that fact In your previous testimony State II you
objected to that the counsel ought TO cal the at
ten0n VI the witness TO the words coualned In that
question, as II assumes that she recoects them.
Objection sustained.
o. Have you not read or heard read since your
examination Saturday last and before to-day, the
testimony which you then gavef A. read Il IN the
HERALD.
O. Have you not read, or heard 10 read. or been
told 1t from some other source than the HERALDs
That part OF the question objected 10 which relates
to what any person may have told the witness about
sustained.
o Were you not in Mr.. paly's ONCE last week
you knew could swear to in the casci A. No.
q. Has not MIR. Daily questioned you In his oalce
within four weeks ~ 10 what you knew about this
caseS A. No; and no one else that know or
was not In the room where Mrs. Gamble died 4
Saturday night August 0, TO the best OF my
knowledge; there curtains around the bed In
that room; can swear that there were none around
II; I did not take notice Of anything but the bed
don't know whether there was bureau or table In
IL; Mrs. Gamble has been at my mothers resIdence
she drank liquor there; II was not prescribed by .
doctor.
This ended the s-exsmination OF Miss Mcguire
AT this juncture the leading counsel Tor the de-
fence arose and recalled TO the mind OF the Justice
the agreement that had been made In open court
that Professor Doremue should be present during
Friday ana his testimony taken. He characterized
the absence OF this important Witness inasmuch "a
he had heard that the prosecution had purposely
kept him away, shameful and disrospectful The
leading counsel for the defence responded to the
eject that he had done Gil In his power 70 eject the
Professors presence; but he could not carry him