The New York herald., 1871-11-26

ary following.
q Have you any recollection, Mrs. Mansneid,
while you were IN San Francisco, OF Mr. Laor
placing pistol at mans head' A. Never, 70 my
q Have you anv recollection OF a pistol being
placed at mans head IN your presence? A. 4 CAN
not tell. do not remember his name.
q Are you Of opinion that you cannot recollect
pistol having been placed ~ mans mead unless
Mr. FELLows here interposed, and in the course
OF very earnest appeal contended that these ques
lions were not relevant TO the case. When,
ever there was any testimony introduced
that could throw any light upon the ques,
ton at issue be was more than willing it
material to the issue now being tred whether any
pistol had been presented. That had nOthiug what
ever to 40 with the iact OF FISK pubsning ioei PEI
purpose OF the counsel In thus going beyond the
limits OF the Gaze. Was Il to impeach the credl-
side the for other purpose ne would stren-
uously object to IT,
the question to the witness with view OF attacking
her crediblty. He contended he mad a rignI TO
cross-examne the witness and sae had rignt TO
vlndIcate her eli. lie would ask his questions with
every courtesy, but he had duty to perform and ne
would carry 1t out fearlessly
immaterial. What they must proceed upon tue
facts set forth in the affidavit whicn the defence
admitted mad been made: Tney acknowledged the the
question TO be presented was whether me am. AMI
dayt having been s made as,,. was maiiconsiy s
ters contained therein were libeous THOSE
were the only two questions how then could
She had sworn that the conversation stated by King
never occurred. For the purpose Of attacking
aes in nas WAR tey bacs
mailer. She simply said that the statement
made BY King and published ot oy ihs Fsk coma, WAS
He was willing that MIS- Mansfield, rom the mo-
ment the boy entered her employment until he LETT
should set forth every single act and every single
terial. He did not know the
MYSTERIOUS COMPLICATIONS
Of the laly's life, nor did he care to know so long
they were immaterial to the case But ne objected
to the attempt to having the whole life OF the wo-
man unveiled when anything concerning IL was nos
german to the Issue. He certainly would interpOse
MS objection to questions that did not affect the
Mr. MCKE0N also submitted that the witness might
decline to answer any questions the replies 70
winch might tend to degrade her.
Mr. BEACH said that the exigency which he an
ticipated had arisen. No gentleman OF ordinary
mtelligence would fail 70 perceive that the COM
OF Mr.. Fisk for libel, had placed herself Ia an un
pleasant and disagreeable predicament II was
quite possible her sense OF
INJURY AND WRONG
might have dictated the proceedings. That 1t
was previously unwlse anu injudlciOus he had no
lady Of her appearance and demeanor placed IN
the position she occupied. she came guided by her
@ Sna made an apans
gentleman with whom she had maintained reia-
lions OF the closest intimacy and regard She must
have known when she did that aud assumed
position on the stand as public prosecutor. that
she would have TO take all the hazards and
denied that the man King made the afidaWt
and that 1t was obtained BY the lawyer
"a "a at
rablc length TO dilate upon the fact OF the boys
making the affidavit. arguing that although an
humble negro ne was entitled to be believed. as
against the testimony or the witness, taking INTO
consideration the entire surroundings OF the case.
He therefore insisted that in the crOss-examnatOn
the creiibility should be tested.
Mr.. FELLOWS SAID the question was whether her
Counse then. in the course OF very vigorous and
eloquent address, laid down the principles OF tie
law and proceeded to give the negro ny terrible
excoriati0n denounc,ng him IN severe terms for the
upon upon the nA fact esSu iSat alter having accepted
unknown, not daring to show himself IN order to
undergo TN examination. he tcounseD sincerely
statement in his AFFIDAVIT The BOY had ned TO
avoid the responsibility OF his crime. and dared not
appear in Court II he were present ne would prove
out OF his own lips tnat he swore lie, and
he lcounscD would prove before the case closed that
anidayit In question. He appealed to the discre-
ton OF the Court not to allow the private life OF the
witness TO be brought before the Court 40 long as
the lacts connected with 1t were not pertinent to
the case. lie objected strongly 70 having
served up to crafty the vOraclous clamors OF the
public with matters which could not by any possl-
Judge BiXby finally ruled that questions not relc.
want TO the case should be asked.
MORE ABOUT THE PISTOL.
Crossexammation resumed by Mr.. Spencer
e. Can you tell me whetner while you Were IN san san
n was
2. have not said you did A. know
z. Was 1t pointed at u man named PerleyY A.
Yes; d. b. Perlcy.
Q. Was 1t pointed by person named WARREN
Q. Where was Mr.. Perley at the time the pistol
was presented at nimS A. In the parlor OF my
Q. Did he sign check before he left. A. be.
lieve he did, but did not see II.
Q. DO you know Tor what amount the check was
signed? A. do not know, not having seen It.
Q. Was 1t for SSoooof nave not heard the
amount at all.
q. Was there relationship existing between
yourself ana Mr. arren! A. ne % was my stepnatmer;
the dlihcnlty was one between warren ana Perley'
@. Where was he when the pistol was fired9 Was
he standing up or lying down A. suppose ne was
standings there was nothing to lie upon but two or
O. Were you and Mr. Perley in the room before
O. what did warren say when he came into the
roomS A. don't remember what passed.
g p you nm w,a
criminal intercourse with you and saying,
or ~ A. Nothing OF that Kind passed AZ ALL
q. Where dld the check come froms A. l don't
know that there was check.
u, Ulu MI. WaTfeu SilOOLE Ne NJ.
q. Did Mir. Perley escape from the room finally 2
A. There was no escape about IL; he went out
through the door.
o. At the time he went out OF the door did he have
nything on HIM except his shirta tLaughter) A.
He had.
Q. Didn't he run through the street IN his snirt2
A. No, he was dressed IN the usual manner;
think he had MS Overcoat on.
Q. can you tell us why that pistol was pointed at
Perley's head2 A. don't understand what 1t was
about.
q. Have you any recollection what you heard
said IN your presence? A. don't recolect any.
thing about it except what some person may have
told me.
O. Did Warren say any thing at the umea A.
don't recollect.
don't recoect what he said.
O. Did you learn afterwards that the check was
stoppedf A. l don't know anything about II.
HISTORY OF THE HEROINE.
q. What was your maiden manner A. Helen Mans
ncld
q. Your name was the same as It Is nowS A, Yes,
sir.
your steprather2 A. Yes sir.