The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-27
THE COURTS.
TObin's Recital Of His Military Career
and Domestic Troubles.
A LESSON FOR BoNDsMEN
The PlaintiVe Petition Of a Wife for Her
Husbands Failing.

The trial Of Michael Tobin was continued yesterday
before Judge Benedict and the testimony concluded.
Quite an interest Is IN the fate OF the poor pr
vae, and while he told tho story Of his long service
TO the country marked silence prevailed In the court
room. Several Witnesses corroboratod the testimony
givcn for the defence the previous day. Other
witnesses testified Topin's good character. ToDin
Was next called and gave his testimony In a clear,
loud voice. He perfectly selfpossessed and
while on tho most material points hts testimony was
vague, he made good impression Hc testifed that
ne was born in Dungarvan, county Waterford Irc-
land 1ftyiour years ago. that he came to the United
States IN 1916, and that twelve months thereafter he
enlisted IN the army IN this city; shortly atter this
he sent to Mexico 70 JOIN General Scort's army
rs private in the Thirteenth regiment; he served
with Scott from Vera cruz TO the City OF Mexico,
and fought at Chsrubusco and Csrro Gordo; he re-
NAMED IN Mexico ana New Mexico Tor years and
I nnv against the ind,aos under Harm ey.
listed, and in 1851 Joined the army again as a
sharpshooer and served eight months: he again
listed tho THIRTY first Missouri aud went 70 vicks-
burg, thence 10 Georgia, and 70 the the great
march Win sherman; IN 1865 he was discharged,
xn ,sa 70 aSov ne e enlisted asaa ~ .ns guard ser
and West Point; ne enlisted again tor hve years at
West Point IN 1874; this brought him Gown tho
time OF the shooting and finished his military history.
As 70 his social lite he testified that he
ST. Josepns Church, IN this city, about years ugo
met at Jefferson Barracks, ST. Loui1 Albers visited
witness house at Highland. Falls; OF two visits he
pIcious Of Albers' relations with his wife; ho be-
lieycd shat his vile ana Aibers wero living In
adultery.
''uid you tako any steps satisfy yourself ON
that polnt?" asked Mr.. Foster.
10 tins question both the Court and Mr.. Ficro OBJ
J, ctcd II was put in another form, and Tobn said
he nad seen just what he suspected He could
watch Alpers very closely for he had to attend his
cutes ~ the barracks A1bcrs had nothing do alter
seven O'Clock; he was company cook; the last time
hc spoke 20 his wife about AlDers he told him that
sue liked Albcrs better than she did him thdt witness
could 20 where he pieased provided paid grocery
bi o SD that was Against her al tho stores
sno ala not see how IL concerned witness that A0ers
came 10 the house, no long as he tine wtness) was
not dcnied any privileges. He related some incidents
that confirmed his suspicious; one night no went 10
Inc house and iounu his wlie IN bed; although no
found 10 one IN the room he was convinced
had Uecn there.
Inc pistol was here produced and inspected by the
prisoner tie SAID ihat he did have pistol similar 10
tnut one. but could not swear TINS was The He
did not always carry The pistol with HIM he received
~ IRON a man PANIED Costello, ana whenever he
walked TO Highland Falls he put 1t IN his POCKET. On
0v,r he squad room ana nc remembered that he went
down into the squad room to prepare Tor inspection;
he had 10 oid MS blankets, clean his and have
his bunk In good orcer wnen the officers went around
~ ell hit O'Clock from the time he tod 10 60 the
squad room until he found himself IN the guard room
no could recoIect nc hing that happened.
District Attorney Ficro asked Tobiu but one ques
lion on cr0ss.exaMinaton, aud that was concerning
his memory OF what happened in the squad room. In
answer TO the question he said he remembered moth
Ing. Counsel viii sum up TO-DAY.