Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-23

SECOND DAY.
November ssth, ls52-Court met az 10 q. m. =,
pursuant TO adjournment.


cles from The Star OF the fOllosing date
March Ist, 1872, article headed "Yet another. -
March 18th, lsl2, Libel suits against The Eys-
ming Star" February 10Th, lS52 at seems that
Washington" sc. Plaintiff reefs.
Counsel for defendant entered q motion that
the court should take the case from the ilry.
upon the ground that the declaration ch Rr-fi
no libel in itself, snd that the case was no.
helped by eNtraneous evidence.
Motion overruled. Exception BY defeudsrt.
Counsel for defendant then offered = notion
that the court instruct the jury that they must
bring i'm verdict for the defendant, on the
ground q entire failure OF the proof, 10 being
charged in the declaration that The star made
a publication stating that on the 10Th day OF
october Prince did these things charged, when
in fact TIE 10Th day OF October is the date Of the
publication.
Motion overruled. Exception by defendant
Mr.. Miller opened the case in behalf OF the
defendant, and the testimony was proceeded
with. follows:
TESTIMONY FOR Tbs OFFENCE
Ihonas L. hEms. sworn In behalf OF the de-
PENDANT, testified a. follows:
BY MI. hidde:-Q. l wish that you would
relate 60 the court and Jury this matter in refer
ence 10 a counterfeit sl0 hin that WAS claimed
10 have been passed by Mrs. Hume upon the
plaintiff, stating the circumstances OF the at
| ter 80 Tar as yuI know. Iohjected to as beIng
too remote. Objection Overruled.l
.. Will you proceed, then? A. Is IL necessa-
~ that | should go into the fun Diet Ais
.. Well, sir, I should like TO have YOU state IL
with some pSrticu.arity. A. There was A man
called at my house IN Georgetown, representing
.
By Mr.. CarringtOn:-Q. Did You see him. A
No. sir.
q. Then don't state IT, The witness. I state
II as a fact; | know IL 20 be a fact.
The Court.-Conhne your testimony 10 whaf
came within your personal know edge.
BY Mr.. Riddle:-Q. The court will not per
You understood there was a man there thai
made seme complaint OF some kind. You nav
go on and state what yod did?
by Mr.. CaIrington:-He don't state that he
made
The Court.-The witness has not sworn to any
thing yet.
The witness.-well, my wife told me be had
By Mr.. Csrringtou:-Stop, sir!
The Witness.-Mr. Prince told me he had
Mr.. Csrrington.-That is competent.
Ihe Court--Proceed MIR. Hume with the mar
The witness.-He sent a note up stairs want
ing to know IObjected to.l
By Mr.. Riddle:-Do you know what became
Of that note? A. No, sir, do not; Mr.. Justice
Plant said be had q note: l saw the note
there, which he said was the same note.
Mr.. Carrington.-Stop, sir
BY the Court:-Put your next question, Mr.
BY MIR. Riddle:-Q. You learned from Mr..
Prince in some way that he had been there.
lObjected TO as leading
.. Did you state that? A. No, sir.
q. From whom did you learn Mr.. Prince
had beer there? lObjected to. objection over
ruled.l A. From my wife, sir; that a man rep
and said that she had passed a counterfeit $40
note.
BY the Court, ito the witness 1.-The law does
not permit You TO testify what the ladies said.
inasmueh as they are competent witnesses
themselves.
BY MIR. Ridde:-Q. Will YOU proceed and
state now what you yourself personally did and
said from that time ON in reference to th At mat
ter? a. Well, my wife asked me. IObiected
to by Mr.. Carrington.l
q. They will not permit YOU TO say what Mrs
HUME. said? A. | called at Mr.. Princes house
to see him in regard TO the matter. The direc-
ton that was given me was on street, between
by Mr.. Carrington.l
The witness, a good deal exasperated by the
badgering of counsel:l-Well, d-n it, he
want living there. Laughter
BY MIR. Riddle:-They will not permit YOU TO
state what any third person told you-only what
Dir. Prince himself told you? A. Well, / went
10 see Mr. Prince in regard 10 the matter, and
the direction that was given me-
Mr. Carrington:-StoP; old you see him?
BY the court ito counsel for plaintihD:-If you
nave any objection TO make TO the testimony
you can make il TO the court; you must not in
terrupt the witness.
By Mr. Riddle:-who did you find there? A,
didn I IND nybody; Mr.. Prince wasn't living
Q. Did Won see Mrs. Prince. A. No. sir.
q. What did YOU next do, if anything? A. I
q. What did you next see or hear in this trans
action? A. That this man Prince Job
jected TO
one place TO another if it is important to the
case.
BY Mr.. Riddle:-Q viii you state what next
you did, if anything. or what next happened
that you know of personally? A A police ON
called in the store.
Q. DO you know the name of the officer? A,
DO not; be said that he had. lObjected TO.
Objection oyerruled.l
q. State what occurred between yourself and
the sfhcer? A. He said that he had q warrant
for the arrest OF my wife upon the charge OF
r.. Prince a faif
L OF course was very much surprised; he said
that after Learning the facts he was satisfied
there was something wrong, and that had bet
ter so up TO Plants Office and see him about it;
L Immediately went mp.
By the Court this is only proof in explana-
ton of Mr.. Hume's conduct
The witness, contnuing:-Iim Immediately went
with the officer TO Mr.. Plants office, and told
him that. tObjected to. Objection with
drawn.l
Q. Go on. A. told Mr.. Plant that il was an
outrage; that Mrs. Hume had not passed any
such note, and asked him where Mr.. Prince
lived; he said he lived on F street, between 10th
and 18th, on the north side; told him had
been TO see Mr.. Prince about the matter and
that was informed that he lived between sth
and 9th, on +; told him L would like TO see
Prince and ind out something about the mat
ter; went mp 10 Mr.. Princes house and in
quired IL he was at home; lady answered that
be was not, may have shown by my action that
l was somewhat excited, and she nquired II my
name was Hume; I told her il was, and she
wanted TO know IL wanted TO see Mr.. Prince
particularly; told her did; a moment or two
afterwards she wanted to know il 1 wanted to
see him in regard TO q go counterfeit note; I
told her did; she then remarked that she had
begged MIR. Prince not to take any notice
(Objected 10. Objection withdrawn
The witness continued:-Sbe stated that she
had begged her husband not TO take any notice
OF the note; that he nor she either didn't know
where il came from; that they received il some
tine during the month of December, or q day
or SO before Christmas and that they paid II out
TO a man for wood and some days afterwards
this party returned ii. L asked her why she
supposed Mrs. Hume had passed IL upon her;
she said that the only reason she had Tor suppos
ing that Mrs. Hume had passed them q counter
feit $40 note W as because she had purchased on
the day before Christmas, which was three
months before that, two pairs Of slippers al IS a
pair. Mrs Prince cried and begged that 1
wouldn't say anything TO Mr.. Prince about it,
said that he had been on a spree for some
time, and had been in condition TO
attend TO business, that he had treated her
very cruelty; had beaten her, &C., and beg
ged that 4 would let the matter drop.
| promised her that would do 50, and left her
| in tears; few days afterwards, L think the
| same police officer came TO me and said, E" MI.
| Hume, the parties insist that Mrs. Hume shall
be arrested miles, that note is releemed.n /