Year: 1867

lae COurt Sato tnat tne only question
now at issue was whether certain fact
had been communicated to the prisoner
1t was perfectly competent for the Com.
monwealth to prove in what manner the
fact had been communicated and what was
the substance of that communication.


To this ruling bill of exceptions was
filed.


Witness resumed: l only recollect that
| told him had written to the lady from
whom the letter seemed to come, and that
received reply. Do not recollect all
the contents of the note. I did not tell
him that l had seen the letter which my
father showed me.


Ques.-How long was your communica-
tion to the accused AnS.-I do not re-
collect.


Ques.-Did you say anything to the &C
cused about his relation to the lady ?
Ans.-It was so long ago that l have for
gotten. think stated where the letter
was from, but am not sure.


Qales.-Why did you communicate with
the accused in reference to the letter
which you saw from this lady 7


Colonel Johnson objected to this qucs-





about the illegality of inquiring into the
motives which actuated the witness when
she wrote to the prisoner. In his opinion
it had nothing whatever to do with the
case.


Colonel Young replied that if the ques-
tion stood alone there might be something
in what the counsel bad said. Such
was not the case. 1t was asked in order
that the mind Of the witness might there
by be refreshed as to the contents of the
communication addressed by herself to the
accused. The recalling of her motives
might at the same time recall what she
wrote.


Judge Crump insisted upon the point
made by his associate. He thought the
Commonwealth, through its attorney, had
cast reflection upon its own witness.
Surely this was not one of those cases in
which a witness was so reluctant as. to
render cross-examination in chief ne
cessary from the party introducing her.
But he thought that Colonel Young had
disclosed more obnoxious design. 1t
was proposed by this question to show
what the intercepted letter contained,
when its destruction had not yet been
proven, and no opportunity given the pri-
soner to produce it.


The court delivered the opinion that the
subject of inquiry was what was the sub
stance of Miss Turner's communication to
question but the Commemorative Attor.
ney could not ask about the motives OF
the witness if an answer involved the con-
tents of the Intercepted letter.


Ques.-Did you say that You wrote to
him that you had received letter from
that lady? Ans.-I did.


Ques.-Did you state her name? A1as.-
It is more than probable that | did.


QueS.-Did you say that you had re-
ceived q letter from 4 particular lady 7
Ans.-I did.


QueS.-What was the name of that lady
1nS.-I think | said it was from Miss
Pitts.


QueS.-Did you state in your communi-
cation what relation or conneXion this
lady said in her letter she bore to the ac-
cused


Counsel objected to this question, but
it was ruled admissible by the court; and
another bill of exceptions was filed.


Miss Turner then answered the ques-
ton: suppose did, but don't certainly
recollect.


QueS.-Have you any doubt about it !?
drs.-I think | must have done SO, but
don't rccollect at all whether | did or not.
wrote to him because ! had received the
communication from the lady, and that
had written to her, but had not received u
reply. Don't recollect anything more
about it at all.


Qucs.-Did you communicate to him
ANYTHING that the lady said AnS.-I
can't remember. Do not further recollect
the contents of the note.


Ques.-How did this lady sign her name {?


Objected to by counsel.


Colonel Young then put it in another
form Did you communicate the name Of
the lady who signed the letter! AnS.-l
told him / had written to Miss Pitts, and
had received an answer from her.


QueS. Was that all you stated Ans.-
I cannot recollect what more was said, but
have no doubt that l did say more.


Ques.-Did you communicate to the ac-
cused that this lady claimed to be his wife 7?


Objected to by counsel for defence. The
court overruled the objection without
hearing argument; and another bill OF ex-
ceptions was filed.


.Anslrer of eritneSs.-I don't know whe-
ther did or not tell him that the lady
claimed to be his wife. Iwouldn't like to
say that did unless / was positively GER
tain. 1 never saw the communication
again, and tried to forget all about 1t.


Ques.-Did you say in that letter that he
ought not to conceal the fact that this lady
was his wife, if such was the case? -lrts.
/ think said-I don't remember posi-
lively anything about it. May have said
it, but don't remember it.


Ques.-Do you remember saying to me
Colonel Young) day before yesterday
that you told him so? Ans.-I do not. l
said to you that I might have said SO.


QueS.-Do you remember saying that
you would give him any assistance in your
power? 4AnS.-1 do.


Ques.-In what way did you propose to
assist him? AnS.-I told him it would
give me pleasure to assist in any way or
form.


Ques.-Do you not now recollect that
you told him what the lady had said in her
letter to him? Ans.-I don't know whether
did or not.


Ques.-Did the prisoner ever reply to
your note? Ans.-He did not.


Ques.-Did you afterward regard him in
the same light that you did before-that
is, as a single man? Ans.-Until the time
of the arrival of that letter regarded
him as single man.


Ques.-Did you regard him as such af-
terward


Objected to.


The hour for recess having arrived, the
court then adjourned until o'clock.


EVENING SESSION.


Tho ami ina iinn of Miss Turner was