New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-07
MIR. HAMILTON TESTIFIES.
HE DECLARES THAT THERE WAS A CON.
SPIRACY AGAINST HIM.
EVA MANN NAMED IN THE AFFIDAVIT WITH
"JosH." AND MRS swINToN-A RIGLD
CROSS. .Ex ANIMATION - THE WIT.
NESS TRUSTED HIS WIFE,
MONEY WHICH HB
GAVE HER.

Justice Hogan, gave the history of his connection
with Eva l.. Mann or Hamilton, Joshua }. Mann
and Mrs. I. Anna Swinton. who are accused OF
conspirng against him. The courtroom wad
crowded with spectators. Many women wera
among them, and, the nature of much OF the evt-
dence considered their presence was worthy OF
comment and caused good deal of criticism that
would probably have made them uncomfortable
had they heard IL.
The proceedings began shortly after o'cocx
in the afternoon, and did not end until close on
o'clock. Inspector Byrnes was the only witness
examined besides Mr.. Hamilton; but the two wera
subjected to a tremendous amount OF questioning
and cross-questionng, and overwhelming
amount Of testimony, much Of it, 10 the mind OF a
layman of no essential value as bearing on the
case, was taken. But the legal task was CONS
peted both prosecution and defence resting and
the defence, which is in the hands OF j. Stewart
Ross and Alfred T. Ackert, being concluded by q
motion for the discharge of the prisoners The
conduct of the defence undoubtedly the
feature of the day. Mr. Ross, who took the acA
tive part in it, made splendid fight for his
clients, Mann and Mrs Swinton, with
the result that they were sent back I'd
Police Headquarters with some hopes of
speedy release caused by the fact that Justico
Hogan said he wanted night in which 10 con-
slider it before he gave his decision. Mann and
his mother will learn their fate at ii 80 to-day.
Assistant Dstrct-Attorney w. 1ravers jerome
represented the people Samuel b. Clarke, Of
Mr.. Hamtons counsel, sat with Charles A. Pea
body, ir., and took active part in what was
DONE
Mr. Hamilton was much stared at when he en-.
tered the courtroom. He, in fact, absorbed all
the public attention, the two prisoners Sinking id
md talyi thpir tS a uuObSprVpd
were apparently extremely nervous and was
he He took a long time to deliberate before ha
took the oath and signed the affidavit of coma
plaint and talked earnestly with Mr.. Peabody
Mr. Clarke and Mr. Jerome But at last he con.
sented to affix his name to the document.
1t sets forth that on about the l1th Of
December, 1883, at the city and county of Newa
York T. Anna Swinton and Jo,hus
Mann, both now here and Eva Hamik
ton, all late of the city and countJ
aforesaid, with intent 10 deprive and defraud tha
deponent, Robert Ray Hamilton of the proper
moneys, goods, chattels and personal property
hereinafter mentioned and of the benefit thereby
and to appropriate the TO their own use, did
then and there felonousy, fraudulently and
falsely pretend and represent to this deponenI
Robert Ray Hamilton, that one Eva Hamilton,
then known to this defendant Eva L. Mann,
this deponent, the said Robert Ray Hamilton,
was the father of the child" and that this dee
ponent the said Robert Ray Hamilton, thea and
there believing the said falSe and fraudulena
pretences and representations made as afoe SAld
was induced to deliver, and did then and
there deliver to the said L. Anna Swinton, Joshua
Mann and Eva Hamilton a certain check or drafo
drawn by him upon the National Bank OF Comr
merce in the city of New-York, for the sum Of
$500, payable to the order of the aforesaid Eva
Hamilton, under and by the name Of Il. l. Mann"
Are the defendants here?" asked Justiea
Hogan, when the prelmnares had been saaS
tactorily arranged.
Yes, sir" said Mr.. Ross
Are they represented by counsel?'
Yes, they were Mr.. Ross said, and they both
pleaded not guilty and demanded an examination
and were now ready On this Mr.. jerome called
for Mr. Hamilton, who, much agitated, went TO
the witness-stand. lie had some reason TO be
agitated for his examination by Mr.. Ross must
have caused him much torture OF spirit, all
though Mr. jerome was a brisk obector and
saved him from replying to many questions. When
Mr.. Ross turn came he equally quick IA
object and the record brstles with exceptions.
Mr.. Hamilton's testimony confirmed the story
already published of the circumstances under which
he met his wife, and how he came TO marry her.
He admitted that he had often given her money,
even before he married her; at one time presenting
to Ter 81, 900 with which to go to Europe, and
subsequently giving her $1,000 I'm a lump
He also gave her several fat" mortgages He
also admitted to Mr.. Ross that it was net un-
usual for him to give Eva $780, Dismissing Mrs.
Hamilton from his inquiries Mr. Ross started to
find out something about the relations Of Mr.
Hamilton to Mrs. Swnton and Mann. His ex.
animation was as follows:
o.-You have named in your complaint one Anna
swlnton When the first time that you actually met
herr Al saw her in New-YOrk That is the ssst
time that can recolect
Q.-when was that AIN 1886 or 1897
Odd you have any conversation with her az thai
time at all Al think nothing, but -
Odd you have any conversation with her at ALI
Al believe 1 said chow dye do"
Dwell you say that you did say even thatf Al
say that on one occasion -
Q.-Now you have spoken Of an occasion in Nsw.YsfR
as the where you saw her. In 1881 A-As
nearly as L can recolect.
Q.-Now, did you speak with her at all upon tha'
occasionl Is It the fact that you simply "a" hsi
and that You were who she was and that ne
words whatever passed between youf Al can femeHr
Der
Q.-Can you answer that question. yes or no' A.
No cannot | explain IT, on that ocean0h' =" 'ns
day after remember that she preparing dinner ~d
called up that it ready. and was s'ahuhs
the head OF the stairs and asked what 1t was ina,
she wished "a say She answered. that shS h7foS "~A
~ say that dinner ready.
oWas that all that took place between you and hss %
that occasioni A.-The only thing recall
Q-when the next occasion you saw her afss taat
trno ,n New.York I'm 1861 Al cannot fx any time
positively until last June before left the city
o-she then called at your once dill she not' A-ThA
was another occasion, while Eva was IN Europe She
called at my oee asked me TO give her some money
pay her rent
o-Before Mrs or Eva L. Mann had gone 70 Europe
sbs had lived with Mrs Swinon, had she noti A-Nos
that l know OF.
, a. that time az your onice short was nott
Mrs swnton came to me and asked me 10 give hes
think $50 to pay her rent told her that 'hs had ne
na,o whatever on me- and did noe propose to submit
% any such extoron and invited her 10 walk oat u ths
once.