New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-11
VESTERVELTS DEFENSG

MRS wEsrERvFIr THE FIRST WITNESS FOR The
DEpESsF-wEsrrRvEIr AT A PICNIC THE DAY
OF TIE ABDUCIIOE--HIs wANDEIINGs IN SEARCH
or wORK-rHE PRISONER AT HOME TIE 9TH or
JULY.
PHILADELPHIA, Sept. t0.--In the Westervelt
trial to-day Mr. Hasert announced at the opening OF the
court thlt lbo for tho Commonwealth was closed.
Mr. Ford asked the Court TO direct the District
Attorney TO elect which count OF the Indictment would
90 to the Jury and al.O that the Court would pass upon
the que sto whether thore had been adduccd sufficient
evidence 10 require the defendant TO answer upon the
fret and second counts charging the abduction and con-
q. alnent OF the child Within this jurisdiction. Tho
Court sustained the position tahen by Mr Hagcrt and
refused 10 compel tho Dstrict-Attorney TO elect Mr..
Ford then addressed the jury
Mrs Weservet was called TO tho witness stand. Mr
Hager objected TO her being saying that the act
OF the Assembly permitting person indicted for mis-
demeanor to examined upon his request did not
remove or AFFECT the policy OF the law dsqualfyng the
wife Of defendant from testfytng for or against h'
and this had been decided IN NewYork and Ouo. But
he would ask Ford whether he intended TO examine
the prisoner for he did the Commonwealth would OBJ
ject to the examination OF tho Wife
Mr.. Ford declined to answer the question OF Mr.. Has
er but stated that Judge Pierce who was present dur
ing dscussIon had expressly decided that in ali cases
where the defendant . mpe.ent witness the lips
OF the wife opened
Judge Pierce remarked that nc had Only sald tuat
where das bity OF The husband defemdiut was rp-
moved the wife competent, ind In all cases where
had ecilsd the question the husband had first been
examined.
The testimony OF Mrs. wes'ervelt was admitted ana
she was sworn She testified that sLe married Wester
welt in Wiett Street .thoiist Church in New-f0rk
Sept 90 1863 they had three children two now living
WeSteryelt was on the NewYOrk police force from Aug
g. 1872 to Jan. g. 1874 no then discharged, and
they moved 10 Philadelphia to get something TO do ;
Westervclt successful in getting at first anything
to do he then sold burners and stoveoacking ana
MIRA Westelyelt earned money with her sewing machine
Moshcr and westervelt not together much Wester
welt then went NewYorA again, and not finding steady
employment there. came back 10 Philadelphia. Mrs
Westcryelt testified further:
remember July l. 1874; my husband was at homo on
that tho house In licnryst Sew-foTk Oh july
he Tss IA sa our , 81 s 11 n ne Police
for Diminishing him; Col Fellows and smith we're his
COUNSEL he was in and out If the house the same as
usual that day and hal , breakfast dinner and supper
there and Ia the bos Of ny ecoecton hr was A. nome
In The evening; July he WA Attending Plcnic !
think 1t tie j. j. o rians, am not mistaken; le
returned that night some time between III ana O'clock
he brought home "a cooked han il was given him OH the
refreshient stand; he brought home -, and had no
tna e eSdien gave him % save for the Fourth Of
July the 9TH he ate aded another picnic to work. not
il wa. so late when lie returned from That for
brought home some tea and sugar and made Tea after
birthday; lie was in the house pretty neary the Whole
dny for be was very tired attending both picnics
The one the other don't know OF him going out
that morning at AL
At the afternoon session Mrs. westervet testified:
On the morning OF the Sth OF Jn'y did not get mp
very early and after breakfast he took pillow and the
ironing blanket aud went the entry ana slept most
All day; lie had "a moustachc that day. the rs he
always wore he had whissers that day up to the
middle Of August he was about the police ohc- all the
lime trying get back the force the 9TH OF July
b. was Ia and out remember him going to dlerc Mt
parties on different days the police affair cant ox
actly ssy know IL about the police affair all the
time he came home every day, and would ask aim
how he had suc eeded he not away from home any
time In July he away any Night In the month VI
July.
She also testified 10 seeing Mosher and Douglass
sionally during August
Adjourned for tho day.