New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-18

| The ACIhESS led I'm lhb
HER MANNER ON THE sTAND-How HARvIER AN
MOVED AND THREATENED HER-HIs CHARGES
| DENIED-A PASSIONATE OUTBURST
| Nearly the entire session of the Superior
Court Part H. yesterday was occupied IN nearing to
evidence in rebutta of Miss Marie Prescott In her action
for damages against the American News COMPANY sno
went upon the stand about and remained there,
except during the MONDAY recess or nall an houf ut
the adjournment OF the Gonr Gr tSsPy the
principal witness for the defence and the writer OF inc
article in dramatic paper which Is alleged TO DC IlOe-
lous and which the action Is based against the news
Company. As on Monday, Miss Prescott was accom-
Except I'm two three she quiet and IN
administrative and she testified with drecness clear
ness and quckncss which generally frustrated every
effort Judge Fullerton to prevent matter unfav0rabe
his side Of the from reaching the ears OF the jury
In the early part OF her examination Judge Fullerton
conented himself with general objection to every state
ment made by the witness Finding however tbat tnls
should be pursued Of question and answer Even hen II
seldom d he 5Cd m s oSG and
the judge had frequently to request her to conne hese
to proper testimony and leave OF characterzaons ana
Miss Prescott preceded on the stand by Dr. " D.
Wiley DR.. Mills II. Nash, Miss Amelia G.. TAFT, Louis
McDermott and Frank Kday. The physicians attended
her In October 1880 and testified to performing an OPP
| GRAFTON their patient for not uncommon disease
This was while she was living in Fifth Frank XII
day an now playing at Nibo's, testified that he
had travelled with Miss Prescott during two engage
DO you know the reputation she enjoysl" asked
ut is beyond reproach, replied Mr. Kllday.
| FuertOn-IOlu
your part before your time comes.
Then usual questions put and the circumlocu-
heard n lisp against Miss Prescotts character, and her
social position in all parts of the country was excellent
wave OF emotion in the breasts of Marie Prescott and
Mr. Perzel sent grsh of tears from their eyes Miss IS
tell the story of her acquaintance in her own way she
ii first met Mr.. Harver in Brooklyn in March, 1879
| My acquaintance came about this way For several
weeks before the month OF March received almost
| daily with beautiful notices marked"
An objection was incrposed BY Y, judge Fullerton
ayes, yes" replied Judge Fullerton, but this is not
| theatre but court of justice" w. III,
"Well." continued the witness Mr.. IIarver called
| on me when lived in Westinghouse. and said You
| have received the various newspapers | sent you
| There was culogy of Mary Anderson nine or ten
columns long in The AroGdian, which he showed me.
| said Yes He said: I'm the man that wrote It. /
have taken great interest in You and would IKE TO DO
the same for You very angry but he told me OF
his contract with Mary Anderson, the terms of which
then but in few days received more papers accom-
panied by his ana card 3ne Gy WINE 9e t
him in the hail and he invited me into his office ana
newspapers He assured me all actors needed it, and
was going to California he would reproduce In New
him notices which he reprinted. When returned from
California in 1879 to Booths Theatre, Mr.. Harvier
evening he made declaration Of love He said what
he had done for he had not done for pay end ne re-
upon my gratitude whining that was not grateful
enough Finally asked him what form t6a TO Pu INT Re
was my accepted lover might well be so in fact
Then turned him out of the house day or two later
he returned ulster of NINE which he said he said he
had taken because II was part OF me or NINE AIcr-
ward he came again and made abect apologies. | ac-
cepted his Bringing and was agreed that he was TO DE
my agent hut for pay. was to give MN % week LOT
snSca%ed' by John stetson to play in Forget Me Not
The play not given because of litigation, but had
TO 90 to The Office to present myself weekly enttle me
to salary. Mr. Harver had gotten his spasm and
we again on amcablc terms. then went to B9s-
there at request and wrote beautiful notice
to him and thanked him. and on the strength Of
the letter he renewed his protca0ns or love- Dut AFTER
ward apoogzed and resumed his old attitude, which was
purely Patonc"
Miss Prescott continued her narrative in the OF
which she charged Mr.. ITarver with having mis-
managed business affairs during the theatrical trip In
Kentucky which to shIpwreck in Louisville, to
have involved her in debts contracted by him. inter
seized in Louisville, gotten possession OF other trunks
here in 1881 on an order written By her in AUGUST 1850
and distracted letters from Them to nave agreed to dis
continue action begun by him In tins city to recover
aud to have aftcrward pressed 1t to Judgment in her alb
sencc besides numerous other violations or good alth
Theatre when she playing Parthena in InSonar"
and said: Il am going to criticse Ingomar' i can
answered: "As you like" A dozen times he came,
apoogzed played upon her gratitude for early faEors
Haryer had escorted her Booths to talk about con-
tract for future services 1t was raining and ne sng
rain ceased They did so, and on his invitation they
dncd then he turned and asked for her to
Efer testfylng that she had packed letters written by
in her trunks in IIarvicrs presence,
the witness the request OF her counsel examined the
letters which have figured heretofore In the case Ihese
letters read and assorted into three piles, being
letters from herself to Mr. Perzel letters written by her
10 Harver her business agent and those which the
witness alleged were f0rgcT1es.
Mr.. safford-IIas Mr.. Harvier at any time ever In
dulged in threats OF violence to you
Miss PrescOtt-He has.
Mr. Stafford then put In evidence and read several
letters Judge FulctOn taking exception to them In
tended show that threats OF violence were used py MI
Harver against Miss Prescott The reading OF the let
ers particularly the parts IN which Mr. Harver styled
himself the deyilsh caused laughter in the court
Mr. staIord-IIas he threatened you personality
Miss Prescott-He has.
Mr. StaiiOrl-Wheni
Miss Prcscott-In May, 1891. He called at my house
one evening My servant let him IN without asking my
permission. I saw it was Mr. Harvier entered the
room and looked at him. / said, Wei = ana he
scratched his chm and said Well Z asked MN why
he came my house when he had never been invited
and he replied that he had come to save me some
trouble. said: That's what you always say TO me-.
After conversation, in the Of which he spoke
small pttance he received from saying he got
much more from Mary Anderson he remarked: We
spent three years In putting me where was that ha9
no friend the press and that he would spend
twenty-three years In pulling me down. Az this l
screamed. Mrs. Perze and his son William, who were
In the next room, into the room and MI Harvler
disappeared through the door, and have never seen
him since except or twice In court.
Mr.. SaffOrd-Miss Prescott, you heard Mr.. HarVlers
testimony while the stand. What do you say as to
the intimacy OF Harvier with yOul
Miss PreScOtts lips quivercd with emotion; finally
bursting into tears but strengthening up and making
desperate effort to keep control over her feelings she re
piled, say IL is Infamous lie from beginning to
end"
The Court adjourned until IL a. m. to-day.