The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-24

Generals vile and he represented her IN the trans
took place n March, 1885, the price for Which, s si
the property TO Mrs. Hill including some few things IN
tae mousse was sl6 had several interviews with
MIS- hih pei ore selling her the property; fixed the
price OF the house at $1,000 and this family offered
me SIC, 500; Mr.. Twitchel, Jr., and Mrs. Hill were
called on General Pleasanton to give me some dis
cretionary power to sell the house at less price
man sla'ooo; the bargain made was with Mrs. Ill
alter we had agreed on the terms Mrs. Hill aud her
daughter who was with her left, and I drew up an
agreement OF the sale. which l handed to Mr.
Twltchel, Jr.; he told me he wanted the agreement
made In his name, which was done.
counsel LOT defence-Was that agreement In writ
Wltness-Yes. sir.
| Counsel for defence-Then we object to this evi
dence unless the agreement be produced. and re
| been already SAID about the agreement ia not eyi
dence The agreement Is In the possession OF Genera
| Pleasonton and can be produced.
The Court sustained the objection in so far as IN,
words switch was done" were given as Evidence.
Witness resumed-Nrs. Hill was not presen
when Twt en- made the remark to me tina
Twitchel paid me $1,000 on account a' OF i ths
his wfe's name; asked him who his scryener was
and having mentioned number, he selected ont III
mat number Edward X. Jones; Mrs. Hill told me
when Mr.. Twitchell, Jr was present that she would
pay the money for the house; she was not to have
paid me anything on account that night ana nothing
was SAID at the time about any payment on account:
1
made no difference about paying that amount at
that time; he replied that he preferred PAVING the
8, 600 on account and accepted 1t and gave him a
receipt on the back Of the agreement; receipted It
In his name think, though | am not positive: the
following day met him at the scrivenefs oiilce.
Counsel for delence@I object to all this kind of
testimony, unless the Commonwealth shows what re-
lation 1t bears to the murder.
District to prove BY this and
northeast corner Of Tenth and PINE street. with her
own money and the prisoner, without her know
ledge or consent, produced the conveyance OF the
property TO his wife, Mrs. Twtchell; that this fact
was concealed from Mrs. Hill; that some time In the
summer Of 1868 1t was communicated to her BY
Counsel for defence-we withdraw the whole Of
our objection.
Witness resumed--I met Mr.. Twttche,l. as I said
before at the scryeners oce; he there produced his
agreement and gave ms Instructions to the serve.
ner; the matter was le In the hands OF his scriyener
there being nothing much for me to do after that
was present at the execution OF the Deeds and the
payment OF the money; General Pleasonton, Thomas
Millamson, the conveyancer; Mr. Jones, and MIR.
Twcnel were also Rrcsent Mrs Hill was not
July. $3.50
Counsel for prosecution--Up to that time had you
never ne. nad any communlcation with Mrs. Hill about
the conveyance OF the property
Counsel for defence-I object to the evidence OF
any conversation having or not having been had
with Mrs. Hill In the absence OF the prisoner.
counsel Tor prosecutionv-I propose to produce at
certain time during the proceedings the deed and
prove that the old lady endeavored without success
"
days before the murder had made arrangements to
consult counsel on the Monday or Tuesday following
the murder ana 70 institute legal for
night preceding this Monday or Tuesday she had
made the appointment for her counsel she was muir.
dered.
Counsel for defence--I withdraw all objections tn
that OFFER, but contend that the manner In which 1t
Is 70 be proven by the prosecution Is Illegal and un-
fair,
The Court-we do not find In our notes that the
ontents OF inc DEED mas been referred to. The ques-
The court here took a recess to three r. M.
EVENING SESSION.
On the reassembng Of the court the District AT.
torney produced and offered In evidence the deed
reading elizabeth Hoge and others. Thomas VIII
hanson, trustee OF Elizabeth Pleasonton and the said
Elizabeth beth pleasoaton to Camilla I. hin, recorded
to the stand Mr.. Gilbert. He continued his Testimony
as followsI did not see Mrs Hill on business from
July. 1868, nor did have any correspondence with
her upon the subject; had interview with her in
July, 1885, at my house in Eleventh street; Mr. Hen
derson accompanied her on the occasion: had
at one time with Mr.. Twitchell Jr
on the subject OF this property.
intend to prove by that question: object to it
unless he tells US.
The Courtlt is not necessary that the proof to be
adduced should be given now. The question as put
Witness resumed--Mr Twitchel, Jr spoke to me
once about making some misunderstanding two
stores on Pine street. making private entrance on
Pine street ana the balance OF the house for q pr
yate building; he spoke to me more than once on
this subject OF alterations Mrs. Twitchell gave me
once will for safekeeping; her husband was pres
ent Twill exhibited by counsel for defence and iden-
tifedl; that win remained In my possession until
July ~, 1893, when gave It to Mr.. Twitchell; re-
ceived It about October TO- 1896; surrendered II to
him after the interview had with him and Mr..
@ ne ., e him
came to me and asked me how the deeds
came to be in her daughter,s name; sur.
own request; had conversation at one time with
house. when he said the old woman had placed
better let remain; Of time he told me he had
terrible time with th9sa|d lady; | told him he
on several occasions when he spoke about his dim.
about the matter; ON one occasion he came
might made By Snyns ny interest," sH1 q
the heirs OF Mr. Hill, and that no thought the old
lady would not live iong he felt certain that the in
very lowest on the occasion refer to he seemed to
argue that the old lady would live long; on other
occasions he seemed to believe that she would last
long; told him ct these times that he had better
submit to any little difficulty now, as he would be-
come her heir; he would then say she was q very
Of her general good nature as far I as
knew her, that she knew how to "put ONT he III
ways manifested intense feeling IN speaking Of Der;
he called her an old bitch at times; during these
conversations he once twice threw out the remark
that he'd '.k the old bitch;r always replied by
cautioning him to keep q guard on mis- tongue; I
told him he had better leave the house IT. as he said,
the old lady accused him OF robbing her, and he
could not get along In peace with her; never knew
him before the SAFE OF the property; after that, up
to six months, had nothing to do with him; once
since the sale met him at the place where he kept
his horses.
District Attorney-How many horses did he
keep2
Counsel for the defence--I object to that question.
Has the number or his horses got anything to do
with the question OF his guilt or innocence, az far Is
the murder Is concernedY
District Attorney-I propose to prove, by follow
ing up TINS question, the pecunary condition OF this
man at the time refer to. 1 intend TO prove that
the prisoner was In embarrassing circumstances,
and that he Notwithstanding kept horses, and that
TO Keep horses money was necessary. and
Counsel for defence-If understand this case as
prosecuted by the Commonwealth, believe the only
evidence against the prisoner Is crcumsantial, and
] do not see what motive to commit murder can be
inferred from the simple fact that q man happens
TO be poor. j once had o case In which my clients
two brothorsD were tried for highway robbery, and
wanted to prove that on the morning preceding
the evening on which the robbery was committed
one OF the brothers drew $4,000 from bank, which
was deposited there on his own account, but the
Court would not allow the evidence on the ground
- aG.m ...ll - AaIt.