The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-23
Thu NEWELL SCANDAL.
Letters Read on Behalf Of
the Defence.
EPISTOLARY REBUTTAL.
Boston Lawyers Differ When Placed on
the Witness Stand.

mere was more letter re0ding In the NeWeH divorce
case yesterday. Alter Mr.. shater had read great
numbcr Of Mrs. Newors letters to Boardman the de-
Iencsrested, and Colonel Fellows aud exJudge Fuller
ion IN rebutta read number OF Mr. NeweIl's eplstes
10 his wife and her replies in order to show that her
relation OF adopted daughter to Boardman was per-
fectly understood by Newell and that no himself
called him her dear papa Mr.. shaier's letter read
Ing was very comca, as Mrs. Newe's epistles to
Boardman were freely sandwched with French pas
sages and quotations. which the learned counsel,
from his ignorance oil French, had invariably to nat
and IN dung SO generally let or some contemptuous
expression like. "Here's another French -"
"Herc's something moro that cannot understand"
The court a trine less crowded than 1t had
been the week before, but number OF new female
witnesses that yet be hoard excited some curl
osity. Mrs. Newell. at tho termination of the days
proceedings, looked exceedingly we'll pleased, AS
though tho last letters read had been great cards
for her MAINTAINING the innocence OF her relations
with Boardman.
PICKERING AGAIN.
The nrst witness called was Z. D. Sohier leading
counsel Tor the Boardman heirs, small, oldish man,
with great bald head and white mustache, who
spoke a very decided and stood up during tho
whole OF his examination swinging his body forward
and backward, and either keeping his hand in his
pocket thrusting his thumb in the afmhoe Of his
vest Before he was examined Mr. Ton Eyck, Of
counsel Tor Mrs. Newell, desired that the Boston
lawyer. Pickering should again be allowed to resume
the stand IN order to testify upon single point.
Mr. shafer was NJ upon his feet TO object.
He had had enough Of Pickering.
Judge Lawrence said that Pickering had been on
the stand Tor threo days, had testified with great de-
liberation and undergone exhaustive examna-
tioI. II was about time that his examination had
boon brought to IN end.
M. in tn Mr. fer,g
an account OF how he came into the possession Of
Mrs. Newclrs letters to Mr.. Boardman. which, later
Cd. had found their way into Mr.. Newelps posses
zion. Mr. Cushing, the adm OF the Board
man heirs. brought them TO him in package
wrapped in brown paper and marked, ''W. II. b. and
A. I. N" (tne initials OF Boardman ana Mrs. NoweD
lie produced the wrappers.
PLEASANT READING.
The witness stated that he had read the following
passage from Que Of MRS Newc's letters TO Board-
man to Mr. Ncwell:-..Y GU nave been my dearest
Trend and the only Que | ever loved, aud shall
never ovo you less. shall Try and DO my duty, and
must perform my duty toward one truly dislike,
aud shall say It Howard one hate"
Wnen, u II all, did YOU first show Mr. Newell
these envelopes or lcttersf "A. fortnight or four
weeks ago.
Q. wnero had they been until thcnf A. In my pri-
Q Was not Mr.. Gushing, tho administrator OF the
Bosrdman estate, examined by Pickering in refer
encc TO these endorsements upon the letters? A.
Three such examinations took place.
me witness referred 70 his notes. but Mr. Fullerton
vchementiy objected Mr. Shafer urged that he de-
sired to show that Pickering leo when he testified
that he learned OF tho existence OF these letters
1877. while, as matter Of fact, Pickering only got
this Information III ly74-two years lAter-from mis-
exa nj nu;ion OF tins man Cushing.
MIR. Fullerton protested that this was unfair
Judge Lawrence thought that, even II IN
81. ght degree It would upon the ques-
tion OF rckering's veracitv, Il was admissible.
AZ ~ ~ sr the n, I'om mn mo"ine 10 INC
Judge Lawrence--But whether slight or great.
vcb tfi0rin mil in fnr furv tn
Mr. Fullerton (stlfly)-Your Honor VIII give me an
VIOLATING A DYING MANS WISH.
Mr. Sohier was now allowed to testify that the in
dorsement upon Boardman's package OF letters was
about this:-"Of no Importance TO anybody; TO be
destroyed alter my death without being opened or
sampered with"
q. You went to school with Mr.. Boardmana A.
Ycs SIR.
Q. WHAT business was he engaged IMP A. In the
Shipping business.
MIR. Skater offered 20 show that Mr.. Boardman was
man ct great wealth, high social POSITION, &c.. but
all OF this was excluded
The witness WIS new cros&c xaniDed by ex-Judge
Fullerton, aus asked 80 show the wrappers OF Tue
package Of letters. The outward enclosure was scaled
and Inc other fastened win string
@ VINO broke the seal OF the packagef A. l did
Y. 10 spite OF dying mans wish that the letters
should not DC tampcrea with and should be destroyed
you broke the seal and opened the packagcf Dryiy)
Exactly so, SIT.
q. bid you read the letters at tho timer A. only
or two Of the loose letters IN the package.
Q. Did they also contain The Injunction TO tam
per with or destroy them2 A. THINK the word tam
Q. And yet you opened and read thcmS A. (Reso
lutely Yes, SIR order that II necessary tho true
relations between boardmsn and this woman might
Redirect by Mr. shafer-Did not Mr.. Cushing offer
to burn tho lottersf
q. And did you consider II your duty as counsel
for the Boardman family 70 keep them in order to
defeat tho subornation perjury and forgery which you
had 10 meet in that litigaLionY
Mr.. Fullerton objected TO the question az leadin Z,
and Judge Lawrence excluded 1t us improper ana in
competent
MISS oLyEYis ACE
Alter this witness baa stepped down Mr. Shafer
In his thundsrous voice, M!ss Oiney, want 10
ask you one question, which you may IN your
were your" MISS Ulncy seemed quite taken aback
and slightly paled, bui sho smiled keeping her fingers
nsr va nro ~ WIN .ne sue
Bhe finally qucred, TN lsGSY'
Mr.. Shaier-Yes; that was ten years ago.
MISS Oiney-I was thirty then
Mr. snafer-You aro now forty years of age, Miss
Miss olney nodded assent.
THE "coLoRED GENrLExAg.n
Mr. shafcr now announced that he would DO unable
TO produce the colored boy-'gentleman' he called
gone home TO Boston. Ex Judge Fullerton rather
iwltsd lim on tho non. production Of This witness
aud then Mr. Spaier put his associate, Mr. Arnold on
the stand TO prove that twice the testimony Of the
'.colored gentleman had been taken before
mission, but both commissions had been set aside
MIR. Fullerton In cross-cxarnnng Mr. Arnold elected
tho TACT that one commission was SGT aside OF
other because Of variations the testimony
the .colored gentiemtn.n
Mr. Shafcr said, threnteningy, that the other side
would have yet quite enough OF his Boston Witnesses
Now more OF Mrs. Newolrs letters 10 Board
man.
snAFER READS LETTERS
The first letter rcod ny MIR. Shafcr dated April
TO- 1892 three years before tho marriage aud speaks
oil Bonrdman's "superhumnn Kindness aud magma
nimty !" alter sitting In the 'Tcntle twight" OF her
window, looking out through tho sigh ny pines" out
nj the stars aud nding none so sweet as his lace how
glad she would DO 10 soothe his "athing headn or
"throbbng BROW II no were H. She - proud OF
krowipg one whom tho angels will be proud 10 num-
Der among them, who Is ono VI natures noblest chill
urcn, &c. she then makes an appointment Tor tho
street, promising TO "walk up" at a certain hour.
Tho second letter dated November 2 1862, says she
Ia very happy In taking the music ana singing les
IONS. She had hoped TO continue with loss aid from
hlm than she had received .You will ever DO most
dear 70 me, even u you should decide that ought
uisconnu o my lessons aud DO Independent OF you.u
She thinks that she ought 10 depend upon her
sell II II were ony tor tho music and the singing
lea sons II would be much, but that was only
small part OF his generosity. sho .scas" the letter