The New York herald., 1872-12-17


Struggle for To-Day.
IL viii be remembered that the Court adjourned
on Friday last, pending the ruling OF Judge Pratt
ON the question whether or not Louis Anderson, a
brother Of the deceased, should be allowed TO
testify In regard to certain conversations he had
had with Mrs. Anderson. the widow, showing her
feeling towards her husband. The decision OF
Judge Pratt was awaited with great interest, and
was regarded as of the deepest Importance TO the
prisoner.
The court room was crowded at an early hour
yesterday. DIR. Irish was brought in shortly before
ten O'Clock and was soon joined by his wife, whom
attendance each day OF the trial and sits near her
husband during the proceedings.
FRIDAYS DISPUTE SETTLED.
The Court was opened at ten O'Clock and Judge
Pratt said The Court, having considered the ques
tIoA that was submitted on Friday, announces that
IN the judgment OF the Court this evidence o1ered s
not available for the prosecution as evidence in
chief but that IL is available rebutting evidence,
and that declarations are original or primary evil
dcnce 70 prove the state OF feelings between parties.
In other words if the motives OF Mrs. Anderson or
the state Of feelings of Mrs. Anderson and her hus
band are put In issue, as the defence have a per-
icCt Ilgut W put HeW IN, tluk Tue SupJcCt CaD Dc
sebutted by the prosecution.
District Attorney Britton-The Court excludes
the testimony now ?
Judge Pratt-The Court suggests that II is barely
possible there might be some evidence that
might be rebutted.
TIE QUESTION OF HABITS OF THE DECEASED.
District Attorney Britton--rhere is ALREADY evi-
Aence in; but take the suggestion OF the Court.
Louis Anderson was recalled, and, in reply to q
question OF Mr.. Britton said that he had not seen
his brother under the innuence Of liquor during
the last year OF his liie
Mary r. Howell, OF Yonkers, sister OF the de-
ceased, never saw her brother under the influence
Of liquor during that time Witness had seen The
Doctor at her brothers. house in January 1871 and
on ve or six occasions the Doctor and Mrs. Ander-
son retired TO room together and remained there
about half on hour each time. Mrs. Irish was at
the house also three times, and was very intimate
with Mrs. Anderson, who at that time was In feeble
health. Witness was on friendly terms with Mrs.
Anderson up to the time OF her husbands death,
and corresponded with her until that occurrence
Rosa McMahon was called, but did not respond.
Mr.. Britton said he had sent TO Newark for her,
but che had not yet arrived. He stated privately
witness and intimated thst he did not desire ito to
rest his case until after tn witness had been ex-
There was a consultation between the counsel
for the defence who were
COMPLETELY TAKEN By SURPRISE
by the action OF the District Attorney. They had
no, anticipated that the for the people would
be closed 80 soon and were not prepared TO pro-
ceed with the defence at once. They made no
motion however, and finally
Mr.. Brition said II the Court chooses to 60 on
with the case will rest now.
Judge Pratt-lf the counsel say they are taken
ny surprise we WILL take an adjournment until two
O'Clock.
The defence said they had no motion before the
Mr.. Britton-I rest here, reservlng the right TO
make an application TO the Court at q subsequent
course counsel may resist II or not. they think
proper. rest, reserving the right to make that
General Ca,lin .of counsel for defence)-l sup.
posed from what the District Attorney said ON
Friday that the most OF to-day would be consumed
cution and J. therefore am not at present ready 70
60 on with the opening for the defence. win be.
however, IN the course OF half or three-quarters
Of an hour. have not my notes with me, not hav-
ing had any idea that the for the people would
close 80 soon this morning.
application, but don't want II put on me. GER
tainly said nothing which would
WARRANT such AN INFERENCE
as he has stated. am entirely willing that conn.,
gel should take time, but don't want him TO put
the responsibility on me.
,o1 Mr. aont put soy on
After some further discussion, Judge Pratt ad-
jOurned court until one O'Clock.
The audience arose at once, and many persons
pressed forward to shake hands with the prisoner.
The greatest surprise was expressed on Oil sides
that the District Attorney should close his case SO
soon, and the opinion prevailed that the ruling OF
Judge Pratt excluding the declarations o. Mrs.
Upon the re. assembling OF the Court Mr.. Britton
asked leave TO call she witness Rosa Mcmahon Tor
Judge Pratt-Do you object on the other side2
Mr.. Morrs-Yes, sir.
Judge Pratt-I think you had better consider the
General Catlin then proceeded to open
THE CASE FOR THE DEFENCE
ct considerable length. He said that, while they
felt that the evidence OF the prosecution uncon-
tradicted could not convince twelve intelligent
men Of the guilt OF the defendant they would
OF circumstances which the prosecution had at.
tempted to weave around him was composed OF
iase and uniounded suspicion, and II man could
mitted, the purest and best men in our
community were IN danger. In one or two
inst stanCes the press forgetfu OF its high duty had
prejudged this case and prejudiced this defendant
and famed the flames which 10 should have
quencned; but, thank God, idle rlmor and sensa.
Court, but they could never crcss the threshold.
Counsel alluded to the chemical analysis ans Pro.
Counsel suggested that this evidence was OF such
character that IT should be received with great
caution, even hesitation, especially in tsis case,
where the deiendani was denied the privilege or
being present a. the post-mortem examination or
the chemical analysis. Alluson was also MADE TO
quoted rom . speech OF District Attorney Brit.
son a. the trial Of Fanny Hyde, in which
she District Attorney sought to prove that the
evidence OF experts was being received with dis
favor The motive assigned for the commission
Of this crime by the prosecution arose directly or
indirectly out Of criminal intimacy between the
defendant and Mrs. Anderson. The motive, as
stated Ia the District Attorneys opening, was fear
oi public exposure and that
He KILLED ANDERSON
70 project his reputation. Four Witnesses swore
70 this-cohurn the nlibuster; Kearney, the
Keeper OF the giDmill where poor Anderson spent
me most OF his time and money; The Gapidat.d
.Aeoreb who passed his time in rum holes aud had
been arrested repeatedly for drunkenness, and
Nohn hnith, OF the Revenue Department who
hao DeeD so used TO swearing molties into
nt own pocket that ~ pdrte swearing was second
nature 10 hin. uauRhteT0 Counsel referred 20
we aleged quarrel between Anderson and Irish, IN
myftie avenue, and said that they would put upon
Tue stand witness OF the highest respectabiity
iall laA