The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-03
REV. M'cAFFREY's DEFENCE.

TREMENDOUS LYING ON ONE SIDE OR THE
orHER-THE DECISION NOT YET REM
DERED.
inc continuation OF the examination on the CON-
plant Of Mrs Lcavitt against Rev. Dominick Dr.
hcCahrey, before Justice Smith, at Filty-scventh
Street Police Court yesterday afternoon, was chiefly
remarkable for the conflict of testimony Of which IL
was Tho occasion. 1t will DO remembered that the
previous hearing the evidence OF the complainant was
70 the effect that whom shc visited Mr.. McCafrey's
church he was alone and that one saw or heard
what passed between them. In yesterdays cxamina.
ton three witnesses besides the defendant they
were present when she called
Mr. T. u. Tying, OF counsel for defendant before call
ing the Witnesses for the defence commented on the
case as it stood briefly referred to the proof he
should Introduce he then called Miss Dclia Mccartney
sister OF the defendant. Miss McCanrcy testified that
she present when Mrs. Leavitt called her
brother the occasion OF the alleged assault; Mrs.
Icavltt wanted help, and Mr.. Mccalrey, not knowing
her. hesiaed about giving her any AID witness advised
him TO give her something and he finally consented TO
do so, giving her Two bread tickets and small pack
age OF toa; she gave Mrs. Loavitt clothing herself,
Ana Mrs. Leavtt then left Mr. McCanrcy having never
put his hands upon hers neither did he her that
II love your nor modest her IN any way. This was
lhc interview at which she swcars he assaulted her.
bcrs OF the Church Of Our saviour, present. also
they had called TO assist IN tho preparation Tor church
eoncert soon TO be gwen.
SILENT WOMEN
Mrs. Gainsforth and Mrs. Bates were next called and
corroboratcd tho evidence given by Miss McCanrey.
They saw MRS Leavt call heard her ask ain Mr..
Mccartney give her bread tickets and a quarter pound
Of ten; saw Miss McCairey give her bundle OF cloth
ing and saw her leave without being injured or in
suited 10 Justice Smiths questions both Of these
witnesses said they had never talked with any one
about The case since It's first publication: they had
never said word 10 counsel 10 defendant nor TO any
member OF the congregation about the matter. and In
deed, had not spoken about AT n until caoJ TO
witness stand. This statement considered note
worthy IRON the fact that ncarly the entire congrega
lion has attended court Whenever the case has been
on and the alleged assault has been The sole topic OF
conversation wherever two three OF them have been
gathered about the court building.
Mr.. McCa1rey was next called and told pretty much
the story his sister, MRS. Leavitt told him.
said, that she and her children were starving. Hcr
husband she said, painter by trade and loaicr
who did do much help them. 'sTben. !" he said,
III gave her Two bread tickets and little tea anu my
lister gave her few articles OF clothing and shirt
her husband" Witness never assaulted her and never
said II love YOU.
10 Justice Smith Mr.. NJ cCaffrey said he was once
connected with the Church OF the Mediator and left
there not through any complaint Of Mrs. L. n.
Ward but because the congregation was too poor 10
pay his salary Describing what transpired the
Mr.. Ieavtt locked the door on his entering said
he had made complaint against him twitncss before
Judge Smith, and that nobody would believe his word
Jnce the Bcecher case, SO he had better give
money 10 settle IT. Mrs Bennett, witness sad nodded
her head and added Sir. Leavitt had quick
per and witness had better give him some money to
Iettlc the matter Witness described how Mr.. Lcavitt
shock his list in his lace, called him vile names and
threatened TO smash him all to pieces, &c. II tho
Thing not settled. Finally, being .'deermined
get out OF the house dead alive" he went toward
Tho door and released from his terrifying mprson
ment
CONTRADICTIONS.
When Mr. McCanrey lett the stand Justice Smith ro-
called Mrs. Lcavtt and she denied that any Que was
present when she first calod MIR. McCafrey
when she called the second time, and when he nsultcd
her; she did not say that her husband was loaier
that herself and Der children were starving, did
she get any tea.
Mr. John Young, oystermap, No. 500 Third avenue,
said Mr. Leavitt called at his place week ago Friday
and told him. in conversation about the Affair." that
she wanted to settle it,
Mr. Lcavitt recalled and denied having
ever had such conversation He also stated that he
did not ask MIR Mccartney for money nor mention Mr..
Becchers name.
Mrs. Bennett, also recalled, said she did not
lake part but that OF silent spectator AT tho in
terview between Mr. McCairey ana Mr. Leavitt at the
lattcrs residence, and that assertion 10 the con-
trary wholly untrue.
After the examination OF these witnesses Justice
Smith said he would consider the evidence and give u
decision on the case in a few days