The New York herald., 1871-11-26
psrsscussd BY being compelled to produce papers

handed TO counsel In confidence.
Mr.. JOHN McKEos warmly denied that there was
any persecution In this case lie did not consider
az q pcrsecuted man one who had nred another to
swear libel ana tnen got that person out OF the
way.
Mr.. BEACH characterized the charge and imputa-
ton as falsehoods, and contended that counsel had
no rgh: to wander from the path or professional
duty to make On accusation before the Court with
MI MCKEoN replied that il he wandered out of
his professional path Mr. Fellows could have
chance at hlm. lie knew the risk OF opposing
James Fisk. The mans life was In danger. Coun-
sci might at 1t; bat he asserted that FISK was
positively the most dangerous man IN The City. The
day would would, come tnat M revelations would be made
(counsel) would not be intmidated
Judge BIxBy intlmated tnar counsel were wander
Mr.. BEACH humorously suggested the propriety OF
the Court furnishing body guard to protect him.
self and his client IRON the anger Of The opposing
Mr.. FELLOWS asked what was person OF his slen-
der proportions to do. lie had no idea that any DIS
c0rliant elements would have been Introduced.
Notice had been served on the other side requiring
the production ol certain papers. TIE original nstru
ment was demanded but was not forthcoming and
the complainant was entitled to give parole evidence
as TO It's contents. Counsel then alluded 10 the fact
that Nr. Z. =. sweeny had been appointed receiver
package OF papers was handed to Mr.. Sweeny In
his capacity as receiver and that package was re-
turned by Mr.. Sweeny to The proper person.
A brief discussion ensued as TO whether Mr.
Sweeny should be examined, but IL having been
conceded that his evidence would not be material to
the Issue Of the case Mr. Sweeny left the court
question then arose concerning the prOprlety Of
Mr.. McKeons appearance TO assist the Assistant
Mr.. McREoN, in reply to Mr.. Beach, who SUBJ
mitted that Mr.. Mcheon's absence would conduce
perfect right TO appear The pros ecutlon were
dealing with men VINO thought they owned New
eraced not only the clIy but the whole State
Mr. SPENCER asked what all this amounted to ?
He would suggest that all the 'biowing'' be done ut
once and have done with it
MIR. FELLOWS explained that 1t had been the prac-
tice OF the District Attorney to employ assistant
Judge BIxBY, after listening patiently to a con-
siderable amount OF sparring finally suggested the
propriety Of calling the witness, having received an
intimatlOn from Mr.. Fellows that Mr.. McKeon's
EXAMINATION OF MRS. MANSFIELD.
Mrs. Helen Josephine Mansfield took seat on the
witness stand, and, In reply to Assistant District
Attorney Fellows, very composedly testified as fol-
Q. Mrs, Mansfield, have you heretofore made an
AFFIDAVIT In this Court against the defendant, James
FiskY A. l have.
it Is the affidavit you have nader The witness tooK
the document and replied ~ the Affirmative.
Q. Will you please state whether you ever had In
your employ person named Richard E. King. A.
o. In what capacityp A. As man servant IN the
house. lie acteu IN the capacity Of a waiter.
y. How long was he In your employ? A. From
September till March,.
Qs n
O. What time in March did he leave2 A. About
o. DO YOU know where he went to9 A. He went
into the employment Of MIR. Fisk.
Q. Please state the circumstances under which he
Mr.. SPENCER objected to the question. contend
ing that the only questions that could De passed
the alleged libel referred to in the complaint3 That
must be shown absolutely; secondly, II he did
rNr.hl, yUvt wi q nlo
ends, and thirdly was the publication privileged
Those all the questions that are to be deter
for 0ne was unwilling to 90 into The private his
tory OF the household Of the complainant. They
sss nothing n to with WITH the ne man S
whether he made the an1davlt. After some
further remarks counsel claimed that there might
be thousand reasons assigned for dschargng Q
servant, such as spiiling glass OF wine on adys
dress or breaking = tureen. The question, at all
events was not material 10 the ISSUE and he there
fore objected TO it.
Mr.. FELLOWS said he could well understand the
objections ON the other SIDE TO me Introduction OF
certain testimony which the prosecution proposed
put before the Court in the interests OF Justice
He was not going to be guided oy MIR. SpenceEs de-
GTes ins matter, but refer the question 10 the
duration OF the Conrt. Nor would nc he governed by
their wishes to the order in which the testimony
show frst thai Inc aidavit was pHSlished; second,
that It was not true, and third, tnat II was not
privileged puoncauon Alter some further debate
on both Sides the objection was Overruled.
Q. Under what circumstances ma King leave your
A.
maiIon whatever: while was out driving one day
he went of IN clarence and took his baggage with
nnd with MIN; he did my work perfectly salts
Act0rily.
to leave A. None IN the world had no idea
O. lie went from your employ to that OF the de-
o. Mrs. Mansfield, since King left your employ
have you seen an afiidavt purpOrting to nave been
made by him rejecting upon yOurseliS
ObeCteu. objection
A. Tne affidavit, believe, was served upon my
Mr.. BEAcn-what counsels A. Mr. Courtney.
Mr.. FEL,.ows-Did you read that affidavlts (Afl-
davlt producedl. A. did, yes.
q. DO you remember It's contentsS A. Some por-
Counsel said he proposed to read and submit to
the witness the AFFIDAVIT Incorporated N the orlgi
referred TO. The c0unsci for the aelence had cour
teously furnished copy Of the original affidavit
made by King, and that 1t was served by Mr..
Courtney upon the witness. Counsel read the
subject Of conversation between MRS. Mansiieid Mr.
Stokes and Mrs Williams, who, | believe is
cousin Of Mrs Mansfield ,and and resides with ner
manner IN which they proposed TO make money out
OF Mr.. FISK by means Of letters from him to
and and statements s by said Mansfield between reel,
Mr.. Fisk and herself, BY selling the same
10 10 s ana the Senp @
pu1ilc, and lncy said they could get very large
amount Of money out oil Mr.. Fisk In that way.
waited upon them table at dinner and after din
ner IN their rooms, and heard much OF their
conversation upon the subject stated in this
aflidaviL; and, among other matters, said Mans
flcld said TO The said stokes, IN my hearing:-
II have the letters, and Will give them to yOu
aud let you use them to your best advantage,
ana make all You can out OF Mr.. Fisk, so you take
care OF me and stick to me through life, and Will
do all can TO assist you in this matter All Iwisn
il to just get satisfaction OF Jnat fellow. Now
dogs won't look at me. have to depend on all
you can make, and II worries me to death"
STOUT DENIAL
q. Now, Mrs. Mansfield, will you please tell us
whether that conversation ever took place - A.
Never In the world.
Q. Is there any part In It, from first to last IN
far refers TO the defendant and the possibility OF
extracting money from him, true or false A. False
IN every particular.
Q. Are you certain that during the whole time
King lived Tn your house no such conversation took
place between yourself. Mr. Stokes and Mrs. Viii
ialns alluded TO In the alidavitl A. Never
q. what relation Is Mrs. Williams TO you? A. She
is my cousin.
THE CROSS. AMIN ArIoN.