The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-15

question and that the desire was to Offset the asser
ton OF Kate H. cobb that she received no such note
The Court ruled out the evidence because il was
not intended to show that note put in the
hands of Kate n. Cobb. and link would be miss
ing in the testimony and the chain be left incom-
plete the little girls evidence was not considered
essential TO the
CHARLIE ooBB's ALLEGED ENpEARrNG TERMS
Charles IL. Cobb. sr recalled for the State.
amned to the evidence given by Mrs Cobb that
Bishop could not have kissed her. as he testified in
the pantry Off the dining room, she having shown
that persons in that pantry must have been seen by
everybody sitting at the dinner table Witness test
fed:-Onc and even two persons might be III that
closet and could not be seen; never heard Charlie
call his wife Pet; he always called her Katie
because nothing of the kind had been introduced by
the State in its testimony in chief.
State Attorney Waller argued at some length in
favor of its adDlssability.
The Court ruled that the testimony was admissible
on the ground that the father of Mr.. Cobb WAS a
proper witness TO the endearing names alleged to
have been used by the deceased toward his wife be-
cause lie would have been apt to, have heard such
name if used.
Witness continued --On the 18th OF February we
left Charles house between eight and nine o'clock
bishop had sworn that he was at the house that night
and had criminal intimacy with Kate
To the defence:-I was administrator of my sons
estate never saw any presents from Bishop claimed
to be Rate 8; did not apprase anything that she
claimed to be her personal property.
TO the state:-she did not indicate anything that
Bishop had given her when we set apart her personal
goods.
Mrs Charles II. Cobb, ST.. was called by the state
in rebuttal. She is spare woman of small stature.
dressed in deep black She said:-On the occasion of
the visit to Charlie's my husband. daughter, Mr.
o'clock / never heard Charlie call his wife Pet
but only katie or Katrina"
Testimony as to the pleasant relations of her son
and his wife ruled out.
WHAT CHARLES SISTER HEARD.
Mrs. Fuller, only sister of Charlie Cobb. called by
the State, sad:--My brother was married about ten
years, and lived here until four years ago; was
frequent visitor day and evening while resided
here and after moving, made practice of visiting
the ten years never heard Charlie cali his wife
pet" f4
Q. On the occasion of the talk about the scandal
was there anything said about Bishops wife having
been at Mrs. Cobb's house with him, when it had
been stated that he alone had been there until four
o'clock in the morning
This objected to, the point being as to whether
Bishop was alone or not Mrs. Cobb having testified
that Bishops wife accompanied him. At this time
Charlie Cobb was in Troy. Testimony ruled out. on
the ground that it had been given in chief
Witness continued II heard Kate Cobb say once
when there was talk about the neighbors question
ing Della about family affairs al wish they would
mind their own business as mind NINE"
Mrs. +. A. Brady, member of Victory Lodge,
called. She is quick speaking little lady, inclined
be taative and to get ahead of the questions She
said-On the occasion of the oyster supper ut the
lodge Mrs Cobb and Mrs. Bishop went away together
said that she would not be afraid to be at home
alone and did not say that any one was to be there
was coming
Amelia M. Walker, called by the State, rather
prepossessing in appearance. and dressed in navy
h.
Q. Did Mrs. Bishop know that her husband gave
| Mrs. Cobb charm?
Defence objected and said that Bishop had testified
that he lied to his wife about this charm, saying
that he received it through the Post Office. but did
not know from whom it came. The stenoglaphers
instructed to examine their notes of the testi
mony. and meantime the examination on other points
| proceeded with
| Witness continued: There was feeling of jeal
| ousy on the part OF my sister toward Mrs. Cobb
have heard her say in the presence OF Kate that if
reports true it is not the first time that you have
han, fDp 1N tytf Ia my Shuy1I his n1f
playful tone; the conversation occurred in july
1877, hye or six months before my sisters death;
further at that tme but another occasion. in the
church, saw Bishop pass conversation lozenges
read them; Mrs Bishop said ut makes little differ
ence where sit as Wesley has only eyes and ears
for Kate" had conversation,with my sister; she
told me that she did not know how her husband be-
came possessed of the charm.
| To the defence-Several persons were present in
the pew when the conversation lozenges passed.
| and all could have seen them. presume saw them
| distinctly; Kate told about riding down town with
| Bishop at the time when my sister showed jealous
with Wesley before if reports were true.
| THE PEARL PENCIL AGAIN.
G. d. Moves recalled and exhibited the pencil
given by Bishop to Mrs Cobb and which she testified
that she found on the steamer Chaunccy vibbard.
positively that this is the pencil sold to Mrs. Cobb,
| but it is precisely the same in appearance"
dozen and there is only i' Slight difference in the
finish of the gold; similar pencils sold by dealers
| in all the larger towns and cities
The State rested at this point
THE DEFENCE REBUTrAL.
Colonel Wait offered pamphlet entitled "Fal1acies
of Scientific Evidence in Medical Jurisprudence" by
A. c. Castle NJ. D., reprinted from the Dental Mis-
cellany." This offered with the intent of showing
that the testimony of Professor Doremus should not
/ be relied upon absolutely.
State Attorney Waller, in a humorous speech. OBJ
jected to the introduction Of the pamphlet and it
! ruled out.
Colonel Wait next offered work. Health; Its
Friends and Foes, by Ii. ID. Mussey, late Professor
| Of Anatomy and Surgery at Dartmouth College,
| printed in 1862. This also ruled out.
! TRYING TO BREAK LITTLE DELLAs STORY.
Mrs. john Waterman, sister of Mrs. Cobb, testi-
fed:-I have never seen cup marked Pet in my
sisters house; / was present during the conversa-
ton with her grandmother testified to by Della Cobb
and Della SAID that some of the lawyers had been
up to her grandfathers house, they asked her IL
there u motto, and she replied in the negative;
she did not refer to the cup marked pet during this
conversation.
To the State-This conversation occurred two or
three weeks ago. but cannot fix the date: she said
nothing about the motto, pct. about the mat
ter of carrying note from Bishop to her mother.
Miss Ella Iooms recallcd-I was present at Dela's
grandfathers house when she returned from the
Court House, and in the conversation she spoke of
things the lawyers had asked her about; nothing
said about the cup.
To the State-Ths occurred on the 30th of Deem
Der; took the little girl into my lap that could
hear what she said; heard no conversation whatever
relating to any cup marked pet" l am in way
related to the Cobbs and Watermans
AFTERNOON SESSION.
The arguments began this afternoon. the opening
speech for the State being made by George c. Ripley
associate Of State Attorney Hancrsly
Mr.. s. $. Thrcsher followed with the opening argu-
ment for the defence.
The Court adjourned about six O'Clock, and Mr..
Thresller will finish his address tomorrow morning.
- ~ VNVr