New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-17
MISS PREsCoTTS SUIT.
MANY WITNESSES EXAMINED YESTERDAY.
CRoss-ExAMINAuoN OF ERNEST HARvIER - HIS
RELATIONS WITH THE ACTRESS QUESTIONS
WHICH ONE WITNESS DECLINED TO ANSWER

| cpoes-rx,MrNATIoN OF ERNEST HARvIER - HIS
RELATIONS WITH THE ACTRESS = QUESTIONS
WHICH ONE WITNESS DECLINED TO ANSWER.
The action in the Superior Court Part
IT,. I'm which Marie Prescott Is seeking to recover
$50 900 from Sinclair Tousey ms president OF INC A
lean News Company, for the circulation OF an aleseu
lboous article I'm a newspaper devoted to theatrical
matters was resumed yesterday before Judge huSSei
| and n iury crowd OF curious people filed the room
and craned their necks TO catch sight OF the planl
rs she sat beside her husband William Perze' ana W
catch every word that fell from the lips OF the witnesses
Miss Prescott during the forenoon was accompanied p
her children and though showing evidences OF eAceu
feeling occasionally, she was moro composer tnan o'
Friday The case was begun by the calling Of Ernest
IIor,ier IN tbe stand for crosse examination. Mr.
Stafford the plaintiffs counsel, began by asking MN II
| he was acauaiited with Samuel j. Tilden' ana ne
answered the question III the affirmative lie ueh Va
planned that acquaintance was not an intimate one
and consisted in first meeting in 1874 ana hVe OF SIX
meetings since The drift of this line of examination
was disclosed by Mr. Stafford in few questions tnat
followed In answer them the witness denied that ne
ever had any system manipulating the Press so as TO
benefit any person he pleased that he had ever tod
Mr. Tilden OF such system. He asserted however,
that he had written editorial articles for me h"F'
Having committed the witness to THESE eSpresSiohS
Mr. Stafford produced letter written to Miss PRESCOTT
and asked Mr. Harvier II It was In his handwriting
The witness admitted that 1t The letter was then
offered I'm evidence and after time read to the jury
despite the objection urged by Judge Fullerton III
was directed toward convincing Miss Prescott OF the
mower possessed by him TO make and unmake mems for
tunes through the medium OF his newspaper WRITINGS,
which WAS summed up I'm the expressions Its cold
day when get left" The spectators in the courtroom
twice interrupted the reading with laughter. Inc
latter was in part follows!
once told Governor Tden Of my system OF Press man
agelnent how had the Press throughout the country
greatly pleased and said Can you benefit anybody you
pleased" Certainly" said S ao1on rTg
won't be finished until you can dc another tmhg. OF
ganze the same papers 70 WITH T soma bocned nearly
seven years ago. when was mere boy writing e9t0
rails for his paper me World me EOverop ptssr nro
fcssionn friends or advisers sincerely WISH 10 Seo
you get on"
In the reminder of his testimony Mr.. IIaryier
claimed to have endeavored for five years to suppress
everything hurf to Miss Prescott. but admitted that
ne had begun three actions against her in the city courts
He denied that he had threatened her in any way
but was at confronted by another letter when ne
confessed to have written. 1t dated January 1891
AMI contained the expression: 81 am weaving very
pretty net which you VIII hear about when you come
back"
John Walsh who had been witness for the defence,
WAS recalled by Mr. stafford and asked If he col
lege graduate He replied that he was In cnhllO1
vrrsy which then arose between Judge Fullerton ana
Mr. Stafford it turned ont that the purpose was 10 iay
ground for hmpeaching WalShs credlpllltE Juuge
Russell remarked that the answer was c9atSI ~ ~
ilencc. and, the witness having been called ny MI
stafford the plaintiff was bound by II. "Au nght you
are college graduate, said Judge Fullerton as the VII
"A future Judge Fullerton" added Mr.. Stafford
"Eathcr a Fullerton than Il Stafford" retorted the
witness. 49,. - ,,o
teonnr for Mr. Crawford M No 2s7 Fifth-ave.. she
had done numerous acts of kindness for Miss Prescott
and had frequently been IN her room put was sXclu A.
once in October 1850, until evening" als ,i ti ma MI
Perzel came there evenings and stayed uu ~ Oh II
Edward l. Gallagher. a clerk in the Health Depart
ment said that lie had searched the record OF marriages
for tLc wear 1881 and found of William Perlel TO
Marie Prescott He added examination that me
records contained all the marriages OF that year th
william j. Paegeow, who was an office boy EN-,
Royeca ~ carried letters between Harvier and Miss
Prescott and had paid bills contracted by her WIN
cberks drawn by Harvicr Miss Prescott he said, had
called nj nrvicrs Office and sometimes when she did 50
Iarvcr would tell him the wltnessl 70 take Nak LOT
batch of letters to Harver rs IN the handWilthB Oh
Oscar Dryer who assoc lated with IIaryior during
the theatrical tour of Miss Prescott detailed incidents OF
the trip at Nashville and Lexington to prove an intimacy
between the two ON examination Letter Wien
he Admitted that he wrote was 9rSdpef vi wlc w
i'm October lssO-and he seemed to be very bitter
toward her and remarked that his time would come
The crosse examination then proceeded rs follows;
Mr. staiiori-IIavc You ever been member Of
Moyamen-ng (thc prison in Philadelphia
The witness-I decline to answer .
"ave you been arrested for stealing in Philade-
p' 81 have been accused Of stealing"
Were You put in MoyamensinSi
Did YOU steal a stamp from the office of The NetT
York MuTOr!
mo sir" go 80
"Did YOU carry it away with your
did WOW YOU return it from Philadelphia"
''NO, sir. "
"That i all" ...-,.. ~, A..
Charles NJ Hughes. morning superintendent OF tDe
american News Company, said mat he ala not fcad al
thc papers handled by the company every morning
l5 Me- We Jennie Crawford testified that she had requested
Nza Prescott to leave her clearinghouse IN september
FOR three reasons because Miss Prescott was an actress
hccousc she hc wtness desired to rent the rooms per
mancutIy TO other persons; and because some person
iJ snd that IL was sufficient proof or the character OF
Nj Prescott that received the visits of Mr. PerZel
Edwin f. Denyse went upon the stand 10 prove Mis-?
Prscott reputation to be bad but once thee uecHhcu
directly to take the responsibility OF saying So 49,
lyon have managed 10 get yourself on the staId' now
manage TO get OIL thought you were all enemy III
disguise" said Judge Fullerton angrily
William perzcl admitted that Miss prescott had shrcu
fiat and the expense OF maintaining with MN before
marriage whereupon Judge Fullerton said he HAD no
more witnesses present. ,.--. =,
The Testimony in rebuttal then began. Harrison G..
Fisk testified that he would not believe HarNler under
oath when he was interested in the case.
Judge FullcrtOn--DO yOu dislike the mani
The witncss-I scarcely dislike him; detcst him.
Judge Fulleton-With that word on your lips you can
go@IIod on; Didn't you have physical fight with hm
mo sir believe our business manager once hlckcd
him downstairs" ,,,,-
ever since discovered lIlhl Hc WIS u oH'dA "H"
"No, no! the date"
"Possibly November, 1880" -,
Miss Susan Shepherd the matron or Booths Ineatre
testified that she with Miss Prescott ~ ner dresser
while She played in ,"MOther and Daughter" in May
1850 at the Globe Theatre In Boston, she played one
week and during that week slept with the witness Nc OF
six times at the fremont House.
The case was then adjourned till IL a. IN. today.