The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-12

shsier shouted, s.Stop, stopi protest I"
Juuge Lawrence sharply said-"Don't say what
you presume. Say nothing that you don't know"
The witness made II worse by turning round TO the
judge exctsdiy and hurting out "why, took
Judge Lswrence-Strke that out You must not
give US your suppostions.
Then came another excited discussion, the witness
quoting Mr. Newell AS having admitted TO his (wlt-
ness' brother his relations With Miss oney oy tho
use oil decidedly coioqual phrase but by q
slip OF the tongue he SAID "Mrs. Newell" instead OF
"Miss oiney" IN speaking Of the woman with whom
Mr.. Newell had been Intimate The counsel tried 10
call his attention TO the slip when Mr. Shaier Jumped
feet and vigorously protested that no sugges
ton must be made TO the witness; that he had made
a IN stake and thai no had meant Miss Olncy.
Juage Lawrencc-Mr. shaier. this is no. a case
which is TO be decided by slip OF the tongue l
direct the stcnographer to read the answer.
rnis and the witness looked confused and
said .Weli don't sec how this (meaDing MRS New
ellis namej ever got in there HIS answer had to
be read again before ne corrected himself and
said that meant Miss Olnoy aud not Mrs. Newell.
SOMETHING ABOUT LETTER WHITING.
Mr.. Shafcr crossexamincd Mr. James, who ad-
mtted having written Two letters to Mrs. Newell in
ION VIVA. subject were these lettors'"
.were they about this casef"
81 presumc-
Swell l suppose they were about this case"
'weII, how war 1t you mad lorsottens Have You an
extensive correspondenceY"
"Pretty extensive"
s.Mostiy with ladies, prcsume?"
The witness giggled and did not reply
Colonel Felows-Your client writes letters and no
forgets.
Mr.. shaer DISQUALIFICATION do you mean by
Colonel Fellows ldrlly)-Mlss oluey
Mr. Shafer-Now, Your Honor. submit that this
very improper remark for the counsel 70 make.
Judge Lawrence-Thcre nothing to call Tor il.
Mr. shaier-lf tho gentleman only interrupts TO
mako remarks OF tins character he hadbeter not In
lerrupt at all.
Colonel Fellows-I shall always obey the instruc.
tions OF the Coart with pleasure. but do not need
yours.
counsel TO lot INC 60 on
Judge Lawrence (curtlyl-Go on
HAVING A GOOD TIME.
Mr.. Shafer-Wnen you lived IN Miss Oineys house
you used to come homo very late-you were pretty
Il hike to enjoy myscli-have good time"
s.Wnat DO you call, now, having good timc?"
81 suppose getting drunk, with your Coh, oh!'o
Al tins Mr.. Snater's eyes flashed tire "Now, SIR.
be intoxicated whom spoke OF your having good
tlmo2 / submit this was very improper remark. "
Ar. Fuilorton-it was natural sequence OF your
Mr. snaer-I II might have boon If you had been
examining the witness. tLaugntcr.)
10 wiiness-How often did you SEQ Mr.. Newell In
Miss oney's rooms In his shirt sleeves?
81 told you good many times-forty or hfty."
tJocular,yl-"say tour or i've hunared times Mr..
James" u !, -,
fSarcasticaly)-sYou'r. quite liberal, Mr. James.c
The witness was questioned about looking into ss
oneys rooms, and said there Was curtain across the
dor and then ne volunteered the additional statement
that later in the evening II was pinned down 30 that
he could not SEQ anything
Mr. shaier twratniu Now ask you as fair
man whether this was proper statement for You to
makos dun. ask You sooa, a pin; t.aSeh."rl
his brother substantially that he was ultimate with
MISS Olney, using phrase OF double meaning. Mr..
i Snaier kept hurrylng on the witucss and shouting
as Justify as usual
| Mr.. Fuerton-0n give him time; don't haloo tho
/ answers out oil the witucsa
Mr. snaier-I wish mad my learned friends musical
| Mr. Fullerton demureiy)-Nobody wishes Il any
i moro than 40, assure you tLaughtcrJ
Recess was now taken for half an hour.
/
| Alter recess james y. Pickering. q small, odIsh
| man with nne, rolling baritone voice. Boston law
/ YER who Mrs. Neweii's counsel IN the Boardman
will nvestig,tion IN Boston, was called to the stand
He melhodcay gave The precise da,e Of max ny Mrs.
| Ncwell's acquaintsn December !, 1872 He had
\ conversation with Newell III the street IN Boston.
| Colonel Feilows--Wes your conversation in refer
/ encc the matter embraced IN this casoY
LAWYERS ANswkR.D
| Worry deliberately. 'nardiy that;' after long
pause .ln a sense, ycs.n Smiles IN the jury box.l
| Colonel Follows with u smiic)-fhats lawyers
/ answer: we'lI pass II, therefore,.
Tho witness Was asked TO state the substance OF
| certain conversation win Mr. and Mrs. Newell, but
Mr.. Snafsr protested that as Mr. Pickering had been
MR.. Newclrs counsel all their communications were
! privileged. and that tho witness mouth must DO
sealed
was Mrs. Newcll's counsel In THIS Case
| Mr. shaer-Mr. Pickering, did you not have fro
qucnt interviews win these parties IN reference TO
/ Their domestic dinlcuitesf
Witness (.lowly ana measured tones)-I had
Mr. snaicr-Now Your Honor, submit thu, II wonId
\ be marvellous indeed u this witness, having been
counsel Of these parties should be allowed reveal
tho privileged communications made TO him In that
4 capacity. submit that his mouth Is sealed.
Colonel Foiows-Is u possible mat whsn statements
made counsel on matter IN wnicn no suit Is
contemplated At the time and IN which he Is not re.
tanned tho couusei's lips should be sealed
/ We claim that In order TO break GOWN our
| case and prevent Us from proving through this
witness the overwhelming evidence OF this dcfeud-
/ ants quit, Mr. Pickering ana another lawyer were
made Joiut defendants la the action began by
| Mr. NOVEL; sod The charge was made that they had
| committed adultery with the paiIun, MRS Newell
ciaf m hat "A
| IN order TO cosc the mouth OF tins witness.
PRIWLEGED.
| Judse Lawrence doc,ded that the communications
made w Mr. and Mrs Newell In presence VI third
pMy shatcr-were not tho Interviews which you
had with these parties with view OF reconciiing
their diiculties OF arriving at some settlement Of
Judge Lawrence-I suppose u would not be compc
the exact terms Of any sctioTent pro-
posed made, but believe u would be competent
10 state iacts in reference TO negotiations made
with u view to such settlement
MIR. Pickerng-lt was long interview which De-
gan at eleven A. Nj aud lasted VII bapast TOUR Y. M
very much was SAID taushter) IL would be impossible
al no langnase tLat VAS used: the suDstance 4 rc
member accurately and That can give
NEWELL SAID
Mr. Newell began ny saying to his wife that he had
seen me tho ngnt before aud had gwen me a fuil
statement Of all tho difficulties that had ccurrcd be-
tween them. He repeated before hrs wiie IN detail
what he nad said u night before my house.
lne substance OF that WIS that Tor fifteen years before
h,s MARRIAGE he mad maintained intimate relations
with hor he had begun tnesc reiions about The
year ls65; that they began wnic nc was living with
mia Iormur vile before she bad got divorce from
him and that he had told me tPckering1 all tneir pr
vnte history lie went on 10 say that she had been
10 intimate relations before her marriage with gentie
men OF BOSTON, whose names give with great fsiuct
nnce--tho late Isaac Ricn and tue late william II.
Boarnmnn--and that each OF tb csc gentlemen we're la
such relations with with his knowledge and that
ne maintained similar relations. he urged tnal with
their previous history thus made known TO mo they
ought not 20 separate that ~ sue insistod upon tho
position she had taken that shc would never DO his
wme again aud get divorce IRON him then he would
reveal this history 10 hcr opponents IN the DJardnan
will case; That hc would over 10 Tue other SIDE anu
1 defeat the hut IL she became reconci,ei
to hs would do all IN bis power that she might
win the case.
MRS. NKwELLs REPLY
Mrs. Newell repiied ~ all thfs, that there was not
| word OF truth all that Mr. Newell had said, anj
denied eacn aud every allegation IN reference TO
her having ever cntortsined criminal ipliinacy
4 nth Mr. Hoardmap or Mr. RtcA. or h.ylnu boeu mir