The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-29

this bin Cbn shown for stores was made out to Mrs.
Crossexamined-i could not say when il was paid,
whether on the delivery OF the goods or 2. ne s
when the purchase was made; lady poush' 'n0
goods; / do not know Mrs. Twitchen.
The bills were given as evidence and shown to the
jury. 49, ,.oooo,,o,..
gave ms opinion on motion made on Saturday by
the prisoners counsel, VIZ, 70 snow Dy wlthess
the declaration OF the deceased 70 tne enecs tnat sne
said:-The defendent has offered to show by
a witness the declarations OF the deceased,
house S en and fninitare for and had given them,
This has been objected TO and argued by counsel
we were not favored with the citation OF any au-
thorlty on either side and our examination has not
the point thus submitted for our decision. We are
RENTED, therefore, to the general principle OF the
consideration Of such question. 1t Is not to be
denied that the proposed evidence ID obnoxious to
statements not made under the obligation Of an
oath, and repeated by witness who may distort
them, are iraught with great danger. we applied
when we excluded upon his objection decla-
rations Of the deceased as to her fear Of
him. and at her intention to submit her
complaint against him to counsel with view to the
recovery OF the real estate Nor does this offer
commend itself as falling within any one Of the
ceptions under which hearsay evidence is some
times admtted for this is neither. first case where
the question as to whether certain declaration was
does it refer to bodily or mental feelings which are
the subject OF inquiry nor, thirdly, does it touch
declaration q part Of any any res oest9 But the Com
monwealth has been allowed to show facts from
which might beshereate rargued, first that the de-
fendant had practised fraud upon the deceased by
securing the name Of his wife and co-defendant to
be inserted in the title paper for the house;
for the commission Of this offence, not only to avoid
the exposure OF this fraud but to obtain possession
OF the other property belonging to the deceased-Ii
had intended to have the deed made as 1t was MADE;
or in other words, let imagine that the order given
by the defendant to the conveyancer was delivered
at the request Of the deceased How could he prove
his innocence In this behalf except by the DECLARE
watch formerly belonging to a deceased person Is
found III the pocket OF person arrested for murder;
declared that he had given the watch to the defend
antY think such evidence would be admissible,
for 1t would fall under the exception Of declarations
made by person since deceased and against
the interest OF the person making them at the time
when they were made. While, therefore, feel the
admitting the proposed evidence, have concluded
to override the objection ana in JdDOrem rita to
give the defendant the benefit OF every possible
Judge Ludlow delivered a dissenting opinion, and
under the rule the evidence was admitted
Ellen Dolin reCalled-Mrs Hill said to me at diff
ferent times that the house was Mrs. Twitchell and
all that was in it the piano. she said tnat The
only learn to play; she used to speak to me very
often about matters concerning the house; the rea
son why s5s an 10 MRS hs r
after me on Sunday evening she (Mrs.
HlD told me to come the next Tuesday,
she had no girl, and wouldn't like to come back
again; said az was In no other place hadn't the
least objection to return, and did return; there
used to be man who came to the house whenever
she had any work TO be done about the house; he
used 70 be there very OFTEN ana ne didn't happen
knew him very well; he used to come there Sundays;
he rang the bell several times once when was alone
istff 1nfh chn olaA
Conrad Smith; he must have been close on sixty
years OF age
was anything to DO; do not know where he lives;
used to see him frequently when was at Mrs.
Hills; have not seen him since then; believe he
was German, believe; he came there the second
Sunday was there; he used to come there often to
rands for Mrs. Hill when she asked him; he used to
clean up the kitchen and the furnace and carry
things to the attic; he used to to the house
SUNDAYS In the afternoon; the dogs knew him very
well; when he came in they used to jump about him
and make great fuss over him and he used to play
with them; they did not bark at him; he Is old
looking man, dressed very poorly and was thin Mrs.
Hill always called on her daughter to do whatever
in speaking OF the piano. she said to she wished
70 leave Mile MRS. Twitchep fixed; that the house
learn to play; she always used the same words to me
In speaking about the property; asked her once II
she had any sister and she replied she had none liv
she had no sister SAID Then jou win give ali to
Mrs. Twitchel" and she said. Yes, for no one ever
did anything for me since my father died but my |
mother' she said that she had nobody else but Mrs.
Twtcbe to leave her property to- and that she MRS.
quently be well provided for by her after she died;
she said she would leave the house and furniture;
she had, she said, another relative besides her
brother but she was far away; she spoke often about
making a Will, saying she would make one some day
Mrs. Z. Carter, sworn-I knew Mrs. Hill when
was the store 235 South Tenth street: she then
lived near the corner Of Pine street; once
had conversation with her in relation to the pro-
4 house furnishing store, and she asked me what
paid rent for the store; told her $780, and she re-
P Tear i" replied wanted house and store together
she SAID could have had her house I'm Tenth street.
above Walnut; asked her she lived there and she
said, No, have bought piece oil property Tor the
children, and am now living with them."
Cross-examined- conversation ! had with
Mrs. Hin was IN November, 1866, about the 18th;
have given her words as near as ! can remember
them.
SAMSON street: knew Mrs. Hin in her lifetime; l
knew her before she lived at Tenth and Pine streets
some ten years; she used TO come to see me very
often some wears ago; she did not call me during
the eight months previous TO her death; saw her
last ia her house in Pine street; visited her several
Twitchen and her; heard Mrs. Hill speak about the
house; she showed me all over IT, and Oh my remark
any a id Ike u on that account but that she had
bought 80 that Camilla mrs TwitchelD might have
a nice home she told me that she felt lonesome in
It. IL was SO big and SAID she would move to her
house in Tenth street whenever she could she
said once, George and Camilla are getting In
style,r and pointing to everything in the parlor she
added, "ant a good lnotherY" have Mrs. Hills
dress at my house.
Cross-examined-Mrs. Hills words were to me,
"You know bought this house for Camilla that she
might have nice homer when paying the visit
during which this conversation occurred stayed
over two hours; Mrs. Twitchell was present when
Mrs. Hill spoke 10 me In this way; the last time 1
saw her was In April last; it was then that the con-
yersaton occurred; visited Mrs. Hill six or seven
times after she went To live at the corner OF Tenth
and Pine streets; the house she referred to- TO
which she SAID she would like to move, is, think,
the third house from the corner OF Tenth street, she
said 10 me once, George and Camilla want TO live
Ia style now,r and laughed.
Robert u. Essler, sworn-I know Mr. Dobbins the
builder; went there with him and two or three
others TO make experiments In the transmission of
sound from room to room in the building corner OF
Tenth and Pine streets; while they went Into the
second story back room was invited TO remain in
the sitting room back buildng) then haooed,
stamped on the floor, hallooed murder and made
moi nnaifiana. 4