The New York Herald Newspaper, March 4, 1852, Page 7

REAOLUTIONS aberrED. That the Buperintendent of Lampe amd Btrecte be ai- = avenue A lighted» with gas, from Tenth ‘That it be referred to the Committees on Salaries and Offices to inquire inte, and repert to thie Board, bow far selarics may be reduced to the standard of 1858, witheut injury to the public interest; what the several salaries were, and what increared last year. That the Croton Aquedue Croton water pipes to be laid in Forty.sixth street, be- Jeon river. ‘That two ges lem; in fropt of the Second Asscoiate Presby a church, at the eorner of Houstou | aud Green streets. Thet Cliff street be lighted with gas. | Rercived, That the Comptroller pay the annexed Dill, | ating to $200, the same having been ineurred by order of the Commities on Fire Department last year, on the coeasion of extending bospitalitres to the P hilaiel- yhie fremen, on their visit to this city. On the presentation of this rerolutiop, Alderman Srue- want hoped that the Board would pause and consider cir action om this matier. ay] ‘this bill, they establish @ ny denasrons pete lent; aud be therefore ame that the bill will not be paid. derman Banp stated that euch billehave been paid fn the late Common Gouncil. Alderman Devuay hoped that the matter would be aid on the table. eae and Waav were in favor of paying fhe question of the adoption of the resclation was ‘then put and carried by o great majority. After parsing sundry papers from the Board of As tistant Aldermen, the Hoard then adjcurned until Wed- meaday afternoon, at five o'clock. BOARD OF ASSISTANT ALDERMEN. Manen 1- -This Board held their firet meeting of the March session--the President, Jonathan Trotter, Bey , in the ehsir, and all the members present, except Assistant Alderman H. M Wells, The minutes of the last merting were read end ep- proved. reritions, Ac. REYFARED. Of the Justices of the Marine Vourt, for suitable rooms for holding the rersions of raid court Of D Van Bohaick to bave perronal tax remitted. Of members of Bogine Company No. 20,to have engine painted. Of Jobn Ri: and others, for rfor Thirty ninth street, bet be 2 Ninth and Tenth avenues, together with certain amend- ment of grade. Billof A. T. Stewart for suudries, Of 0. H. Needham, M. D., for surgioal attendance at Essex street station. Petition of owners of land on Thirty second atreet, near the Temth avenue, for sewer. REPORTS OF COMMUTTELS. On Ordinances, in relation to a resolution of inquiry asto the expediency of preparing en ordioance grautiag pay to policemen curing sickness, Leid on the tabie. On Repairs and Supplies, in favor of concurring to xebuild platform from the cupola to the bell on Vity Hall. Adopted. In favor of providing an iron safe for Superintendent of Repairs and Supplies Adopted. Concurring in the erection of sheds in the rear of Essex Market. Adopted. Concurring to provide iron safe for Superintendent of Stre: Finance, concurring to remit jadgment agalust Michael Connor. Adopted. Coneurring to remit a judgment etanding ageinst B. Marsham; to remit and ‘correct erroneous tax of R. J. Brown; to remit perronal tax of M. P. Read as trustee. On Streets, in favor of filling sunken lots between First avenue and avenue A, and [wenticth and Twenty- Sret etreets. On Roads, in favor of regulating. grading and setting e@urbd ard gutter stones in Ninetietk street, between Fourth and Fifth avenues. RESOLUTIONS By Asst. Ald. Rooman—That s mpecinl committee of three be appointed by the President, fo examine and re port to this Board eome practical style of raily forrail- 3oads in this city, that will be less objectionable than thas need at present by the Hudson River Bailroad. Laid on the tabie for three meetings. By Aset. Ald Basstow—That the rubbish and material from the sewer in Third avenue, between Thirty fourth and Forty-second streets, be removed, and that the Com- mitsioner cf Streets be directed to have the same attended to forthwith, the eame being in the Highteenth and Nine- teenth wards. Adopted. By Assittant Alderman Bovrox—That his honor the Mayor rt tothisBeard the amount of fin xectived from owners amd drivers of cabs, hac! nibures; when imposed, from whom coliected, andthe amount collected from each peraon since January Ist, pe without delay. Referred to the Committee on rn ‘t Alderman Micsatr—That the Committee on Poliee ascertain from his honor the Mayor what his eonstruction of the law is, relative to the paymext of Po- Meemen when sick or disabled while in the performance of their duty. Adopted. By Aee’t Alderman Koomav—That the Cemptroller is hereby directed to draw his warrant for $1,000, in fevor of the widows of the late Samuel Reynolds, David Carlock acd Jobn Bingham, who lost their lives by ship fever ecntracted while in eer of their duty,as police ¢fficers in the Fifth ward. Adopted. TAPERS CONCURRED IN. Resolution—Thst the Chief Euginver of the Fire De- | partment be directed to taxe the return of Engine Oom any 23, on the presentation thereof by the foreman. ‘he like as to Engine compsny No. 15 ‘The Board adjourned to Wednesday, at 5 P. M. Beard of Supervisors. Mancn 1.--The Board met at half past four, Reoorder ‘Tillou in the ebair. ‘The bills ef Fiora Foster, matron of the City Prison, for $400; of Cars Stevenron, of Sixteenth ward police, for $3, for removing goods; of Charles May, for legal ser- vices, $60; of A. Barmore & Co, for $33 50; and the pe- tition of John D. Hoyt for an increase of salary, were ali referred. ‘The following resolution was unanimously agreed to:— Resolved, That it be referred to the Committee on County Offices to inquire into and report to this Board, how far salaries ees be reduced to the standard of 1850 without injury to the public interest--what the several ealaries are, and what increased last year. The Board then adjourned to Monday xb. Police Intelligene CHARGE OF PALSB PRETENCES AGAINSS¢ HAWKINS. Before Justice Osborn. On Tuesday afternoon, according to adjournment, the care of Winn & Hawkins, the gold dust operators, who | stand charged with obtaining $3500 from Mr. Cyrus Bcofield, under alleged falee pretences, wasagain brought | before the Police Justice, before whom the said chargs bes been pending. On former hearingsin this matter certain questions bad been reserved for future argument ‘on the onjec ‘ions made to such questions, by the counsel for the proreeution, the objections being made on the ground that the questions asked by the defendant's coun. sol were irrelevant, and did not affect the matter at issue either way, and only tended to involve the case in a Jongtby investigation. The object of the questions under | eopsideration, put by Mr. Whiting, counsel for the defendants, was to show, if possibie, that usury had been exacted by the party loaning the money, and therefore, if that could be established, no criminal com- pleint could be sustained, from the fact that w no civil remedy could be applied no criminal charge could susteined oa the same matter; as an sot which, in it- WINN & nal court. Mr. Whiting, in a ver, forth bis views on thore points and L false pretences, the defe :dante were entitled to all the conversation and facts relative to the representations ard inducements made, which caused the loaa of the money, are only a part of the story, vir : just enough to sult the management of the prosecattom, and the other facts kept back, which, if given, would alter the e@bole complexion of ihe case. I», therefore, atked snswers to such interrogations, or thay tie defendants be dis- obarged from the complaint. Mr. Clinton, on the pact of the prosseution. to Mr. Whiting, contended that he was v i Mr, Ssofeld should answer ail euch questions aad relate ali and every part of the converst'ion which took plice between Mr, Scofield and Wiun aod Harktias, time the $3.5C0 was loaned; but be was op, a cidedly to permitting the witness answer reietive to matters several weeks em: fouming no part of the trantactien, # now under consideration; and further raised by defendant's counsel, antivip could be rhown, had nothing todo w false pretences. The charge now made he court, was notan individual suit hetwe two parties to recover $3 600, Itwasa criminal charge.ia which th» people of the State of New York were the prosesutors I ‘was not to collect adebt. Tho question to be di is. bas there been a t fed? other words, did Win make fule@ representations to Mr to loan the money! Andif they d out, It matters not whether Mr. ofield was to be pail much or little for the ure of the money. The qisstion is, did they obtain the money by a falre pratence at the time they got it? Iamany ea: sunsel cont that parties could be progesuted withstanding they bad no civil e ccuntel were sabmitced to thy day or two, will give his deoision Catensive Robbery of Gold Dust —Oa Monday evet m_¢ 75 Oliver soreat, dari teropot absence Of Mr Richards, and broke opena truuk, stealing therefrom 32 ounces of gold dust, $4) ia Amerioan gold and three crape xhawls, Mr ish- ards, it seems, ervived from California on Monday, and among ether parsengers from t same house, and wishing to keep t bis trunk and gave the key to the land! rion of bis going out t @ 4 jiscovered thas the b cut and the prope on rested on two ertested by effi ° or, then the o it trunk had been cut cf Suspl > were as above boarders int ugent and P st of the | 8 ourth ward police, who conveyed thom before Jastice Lothrop, who committed them to prison, om suspicion, for » farther hearing jarge of Libel against a Merman Ne Mr. Philip J. Joes peared before Justice Timp of /ibel against Mr, Magnus Gro rewepaper called tha New ork at No, 4 North William stscet, Vibellous matter published in the sald paper. on the of February, growing out of the @runzig trial, Me, Joa- ebimesen, it will be recollected, was one of the counsel | who defended OttoGrunzig The case will possibly un- investigation. aed po honk orter—& colored OAR vawed Peter ; 16th January | CV iinees Benelli pointed out ) Kober's, wae arrested on Suaday uigbt by officer Geonnen. of the Bixth wan) police, on e charge of eveating o ~ wateh atteebed to whieb was ® gor chain and Joobet, valued. io sil, at $100, the property of Louisa P. Harrison, residing at No. 50 Elizabeth street. The faote ip this came, i teeme, are as follows :—Tae com- pisinant keepe @ house ef assignation, and the ac- ensed virited the bourse abent ten o'clock on Bundey ovening; Whe, 0 leaving, & dispute arose between bim- self und the landiady. respecting the change of a two ¢al- a ein Roberts bad been givin manuer be had pai: the complai —) Secepres bin chai A part of the wareb, consist- wd street, and pleked ap by two boys, who gave them to the Policeman The other property was oot fowad, and no portion of the property was then found io the possession of the prisoner. It is believed by some that Roberta did not take the wateh with an intent to teal it. bat merely to ratirfy a revenge, a0 & set-off because she bad kept his ebarge. However, Justices Lothrop beid him to anawer the charge of grand isroeny, and committed him to pri fon for trial. On the prisoner's examination, he stated that be isa nativecf Wales. England, twenty eight years of resides at Jersey City, and is s carpenter by ur just ia Burgin yy —Some burglar, on Sunday night. entered the dwelling, No 13 First avenue, occupied by Mr © H. ed Charles Reynolds. jay, by officer William charge of being 9 fugitive from ork, where be stands accused War conveyed back to Hudsoa was arrerted in Ubis city, o of the Third ward, on justice, at Hudeon Ofafelony The prico by the officer. a sley and Fraveia, Manon 2—Commencement of the Term—Empanelling the Grand Jui yr Judge's Chor ge —On the termination of the Bpeci»i Sertions—at whicn the number of cases was un usually large, the ealencar containing the names of forty- ene perrons in custody, and ten balled for petty larceay and serauit end battery, none of which were, however, of any public interest —the following geaticmen were sworn en the Grand Jury Alexander i wen; Kbenexer Oook, John T. Fischer, Greene, Edward P. Heyer, ©. 8. Ingersoll, Charies Lyons, William Moore, Samuel H. 8: John, George @ 5 Daniel B Tucker, Pelatiah W James N. Wood, Joba D. Welch, Charles 8. Matthews, Kdward Sherlock, Johu P Ware, oud Charles Wright Judge Beebe. n referring to the calendar which would be prerented to them for their action during tercion, found there were thirty. five prisop on of persons in custody. Of there there were two charged with murder, tem with burglary, one with mayhew eighteen with grand larceny, two witn false pretences. One With oruelty to animals, and one with keepiog a dis orderly houre. On referring te this liet there was one thing which efforded him great plearure—the entire absence of avy charges of aerault and battery with intent to bill; the gradual diminution, and, as far as this calendar wae concerned, the entire extinction of that clare of cares, was @ matter of great gratification tohim. They bad bad eleven end twelve, aud in one in- | stance 6# many as thirteen, inone term; and that there was nota tirgie case new for the action of the Grand Jury wae certaivly # subject of congiatulntion among all good citizens. 1t was uoneceseary to enll their atten- tien tothe law of the cares before them—for any arris- tence in that respect they would look to the District At- terpey. Their powers and duties were not at all conficed to the thirty five cases before them; a great many would arite upon which they would be called upon to act ‘Their powers aud duties ranged outeide the calendar; as great conservators of p ind order, it was not only within their power, but their duty, to inquire into any evils in our midet—into everything connected with our public inetitation this searon, at the summer was coming on, and we had in our midst #0 many fruitful acurces of sickness, it was pe- coliarly in thetr province to inquire into any brought within their potice. The Jadge also poioted out more at large the duties impored upon them by their oathe, particularly that of keeping their proceedings eecret. He | cautioncd them particularly againet finding bills in | cares where no complaint bad been had before ths police, except in such ne are specially ordered by the District Attorney, or where the scoured may Le likely to escape. | He wee not going to makea lopg speech, as he was in- formed by the lustrict Attorpey that there was » good deal of business to be done, and this was to be » term rather for action then talking. Having charged them cn the usury laws, Ko. at directed by st he die | mitced them to their labore; but, inconelusion, be would, j with all respect, make & suggestion for their considera- tion: that they sheuld, if possible, make their daily sittings longer threughout the sessions, particularly as ater cf accommodation to many witnesses, who could not conveniently attend at an An Old Offencers Jobn Wil lored man, who has Fetit larceny, being a second offence. The larceny wae proved by James Royle, who caught the prisoner in the act of stesling a chest of tea valued at $15. from the ware- house cf his (witness’) employers, No, 80 front street, | The reocré of e former conviction was also put in evi- dence, Judge Beebe exprersed bimrelf quite grieved to have to part with such an old acquaintance. having fre- | quently eeen him at the Bpecial Sesrions; but as it ap- peared that he could not resist any opportunity of # ing, he felt constrained to send him out of the way, to Bing Sing. for three years and two months, Mansloughier.— James Baliers, & colored man, about twenty. fire hog of ege, was indicted for manslaughter. in causing the death of Julius Wells. on the night of the at the corner of Broome end Sullivan street. It appeared that the deceased had gone inton grocery rtore, on the night in question, where a number of colored, and some white people, were sesembied, sit- ting around the stove. The prisoner end some others begen“skylarking” with bim, fesiing his poeksts, and wanting him to stand treat The prisoner and deceased left the store almost together, and continuing their tricks in the etreet, the latter called “watch.” The pri- soner thereupon, as he had admitted iu his examination, struck him and he fell upon the sidewalk, which was frozen and very flippery, fracturing hisekall, from which injury he died the same night. Hon. F, Talimedge, wno appeared, atthe request cf the prisoner's empioyer, ar gued that death was clearly cauread by the fall. and that the care came, by statute, within the fourth degres of manslaughter, obly. The Court coinciding, the jury te- turned averdict accordingly, and tie d had been in custody for some time, wa thirty days further coufinement in the Charge ef Rope—Jury Disosreed en Vincenzo Tomarsini, (indicted as Dorn: refugee, was indicted for committing a rap Kselback,a German gitl. The prisoner b been a troxopeter in the Italian gervice, under Geaeral Garibaldi, and isa young man about 25 y thwell marked features of the ttyle pro countrymen, the whole being hendgomely re of ajet black. The prosecutrix is a cently arrived {com Germavy, whence have emigrated alone, She appeared to be feventern years of age, and was rat very quiet ond respectable in ber demea but neatly andr with whom wae a peared for the as 00d look Tr. and pla the itial presented a p es—tbe prosecu'rix pea mt and his witness ivalian a understand glith. Inthe absenes of way eplr medium, 'y burcan interpreters were re to ‘and cfirer Mincho was to interpre IMr.G F. Be ° gli District Attorney condu a the following wituerss osed she was Whe Airsis'an ¢ ed the prose- ontion, ard cal i days, the prisoner we treet, where she boar dQ wath for him; she according y wen with bim; he kept an esting place ia @ bar Bunday morning she went, and the Runday nig committed the rape; about tea o'clock, she wasin bed when the pilroner came, and ¢ the sheet cf and stopping her mouth, toid hee if Cid rot Keeps would kill her; he went to hor three times, aud th time he put the sheet over ber heed; in the mor would not let her get up; he stay« not goout. (Witners here stated that fally committed, end agaluat her wili ) He sbemado the complaint the next morning Crore-examined—There were two oner kad only that part place was here show tion towards the n here were two beds outside, o1 were two, also, in the insid sleptin the } i priscxer forerd her to go into the small room ()—What furce did he use? he said she would not, and prlsoner told her if she ¢ he would have to He on the fioor; she had poy uid not tel the time ehe went to bed exact! ad gone to bed when he came to her bed side; he (privoner) went to bed firet—ehe was cutelde when he went to bed; she Went to bed about half an bo erwards; there w light cw Ue room; sh ide, but pone in the one p hour befer men th 0 rome men when the prisoner first went to he pure ever ber mouth and bis band on her throat au her. (the witnere hero stated that the acsenle, &9.. thrive repeated, and he remained in her bed all the time ) On each cocasion tbe sheet was thrust into her mou but rhe took it cut during the intervals; the doer into ine large Loom Was Open ail the time; the outer ove was abut Toa Juror~-The prisoner shut that before he went to bed. ye Cros-examination continued —In the small room are two large windows in the rear; there wae m smaller door lending to the yard; there were etepe leading up to the back onse and the inner one, was fowad in the | nd wii evils, whether public or pri- _ vate, if such as to become an evil to the community. At | oD y Other aliaces. was indicted for ' ‘The deposition made before the mazistrate was then read, in which it was stated that the prisoner had dragged ber to his bed, and there beating her with his fiste, and using menaces, had committed a rape. Cross e: ation continued. —It wae in the bed in whioh sbe had laid down, this cecarred. To th hemor ger bad not said he would kill 1 UP; Lat 5, he had ibied her;”” thought they fell asleep about the same gy (Lauebiter ) He said nothing about wvay; there was no breakfast mad to bim at all; it wee not daylight; she spoke to no one in the house; when she got out of bed, she told him she ‘would make ® soraplaint; she told him, when she was she did not speak going sway, he ebould open the door, as she wanted to | get her clothes; Chat was after she had said she would meke a complaint; rhe did not understand Italian at all, bovsworldcf it; she thought it wes not English he | spoke. and ro it must be Italian; thought he wasan American; she could not speak English then; she | Bot speak to any other human being in that house, and ¢id not see Banelli, who wee now pointed r in court; no one elee elept im the cellar; she jes no other beds there; the two mentioned Were cota, and were not open; they were not open ta the morning, and she saw no one there; the bed she slept on cot—a single one—so was the one the prisoner rlept op; never bad hed any connezion with ary other wan before that night. To the Court—8She first told Mr. Graff, where she had boarded, the next morning; she went e straight = the cellar; she went with the officer, and pointed ima Out. To a Joror—A women had come to her, and said she should get merried to the prieoner, and she said he was too ugly for her; no offer had ever been made of money, nor had she ever offered to settle the affair, or authorized as, | one todo Bo. j rederick P. Graff, a young man, and keeper of the emigrant boarding house in Greenwich street, stated that the Inst witners came te live at his house on her | arrival; abeut # week sfterwords he heard of her going to live with the Italien; on Monday morning, shore. turned. about halt-pest seven o'clock, and first told his wife whet bad occurred, and then told him; one of his en went with her to find an oftcer. Jacob Kiiderer, an cfficer of the First ward, made the arvest; be found the house by a card the prisoner hi leit at Mr Graff's, and the prorecutrix pointed out th men tohim, The prosecution here rested. Counrel, in opening the cane for the defence, ob- served tbat ip all these cases the charge was easily made, and very dificult to disprove. The oath of the woman was euflicient, and aiihe had to rely on was the good sence of the jury, in weighing the probabilities of her story and the character of it. The prosecutrix known, having only been in the Cie few di Uhey could not prove the defendant's character There wae but one witners he would cull before them, as to portions of the evidence to which the girl’s attention had purposely been epecially enlled Michele Banelli (for the defence) called and sworn— Had seen the prorecutrix in the house of the prisoner, in the barementin Noorevelt street, about & month and a belf ago, om @ Banday night. The prisoner kept a re- feetory. snd sold wine—{diagram shown]; the partition wan very old, and hed cracks init; im some places you could eee through, and, he believed, put » hand through; he was there playing dominoes, and, at half-past ten, he eked prisoner if he had a bed for him; he slept in the lerge room om @ cot; they ail went to bed much about the seme time; he beard no noise that attracted hi tention durivg the night; he got up about half paat ee cr eight, but be bed no watch; he eaw the prosecutrix cleaning and preparing the bar when he got up; he left about balf port eeven, before rhe did; he saw nothing up bout ber; nothing parsed between bim and the aelbach (complainant) after the prisoner went Toa Juror—It was by accident he slept there, as it wen too late for him to go bome; he was sober, as they donly one bottle of wine between three; he was a eailor, and elept very lightly; bad been ceptain of a Veaee!, apd left home as @ political exile in 1849. ‘rors exemived—Heard of this prisoner's asrest at an | eating bevse, and went to him five or six days after, and sshed him whether he bad committed a rape, which the iatter denied; bad not been to rea as a sailor sinos the revolution of 1848-9; went to England, then to Greece, and had been here about five months; eupported him elf with money from bis friends, received through Mr. Salvi; be did not know where the prison was at first, but went there of his own will afterwards; on the night in question, he asked the prisoner where the girl came trom, and he told him he taken leg oy servant. and a ¢ prisoner prepared bis (witness's) Fossa only; did not know Tomassini before he ere. ‘The case was ably summed up on both sidsr, the coun- | eel forth oper dwelling patticuiarly upon the diffur- ence bet the story told now, aud Defore the magia- trate inmediatel: jer the urrenee, and the circum- stance of the girl going to eleep in the little room with the prisoner half an hour after he had gome to bed; and = the whole story wasa fiction and an impo:- lity. ‘The District Attorvey replied, axd anima the magirtrote’s omission to haveany medi tion or eviderc: Judge Beebe charged the jury very emphatically and fairly op eli the pointe in the case, and the nature of there charges generally. He regretted the unfortu- nate abtence of any medical testimony; but at the same time that was not sufficient to justify an eequittal if they thought the evidence cutride thet was eufliicient * jury, after an absence of pearly twe hours, return. ed inte court, and raid they could not agree. _ The Sudge said in these criminal cases it was very de- sirable th i if they could possibly us conclusion they should erted on jal examina 7 war no likelihood of t ' they were diecharged ‘The priconer was remanded, to abide the determination of the District Attorney as to the cours will pur. ou it in competent for him, if he thinks proper, to bavea fresh jury eummoned for another trial. } United States District Court, * Before Hon. Judge Betts, Mancn 1 —Themes Comon, for stealing « letter con- taining a draft belonging to Vol. Webb, was rentenced Lolwo years’ imprieopment. Superior C Before lion. Judge Bosworth N. P. WILLIS V8. EDWIN FORREST. SECOND DAY. Mancn 2 —At the sitting of the court this morning, Bancford ccmmenced the proceedings by reading the de- poritions of John Coilbaugh,a witness who wa: examined st the former trisl, but who is now ia Pennsylvania. | They were as 10 We —— ' Jobn Coolbaugh, being duly sworn on the part of the ned by K L, Fancher, counsel for | fied an foilows:—I no in the city of New York; to leave the State of New York for Stroudsburg, Monroe am gcing there to reside, to ente, elso, reside there; I an bade years of age, avd upwards; will be twenty-one years old on the day ef Mere) parties in this cause, Edwin Forrest and Nathaniel Wi lis, on the 17th June, 1850, im the Washington Pa rade Greur rest, with two gentlemen, was going down toward Macdougal street; they were then in the *quere; I firet saw him watching « gentleman on the op- posite side, rigbt over from the Sqaare: the gentleman vhom he was watching was Mr.N. P Wiilie; Willis was iben going towords (be Fifth avenue, and be (Willis) en- tered the Fquare; I them saw Mr. Forrest leave those ivogenti¢omenand ran up softly bebind Mr. Willir, and he grabbed a cane cutof hie bend, and knocked him down, by ttriking him on the back of the neck; t ean't eay the Pr, whether he took the came out ¢f his hand before he hy from Willis was then a short cist: sl nireet, not a great way from that street; he time of the blow, withia the Parade r hy (he parties, cved him down; Mr. Mecdo oye, sitting Jumped over unning up behlod aid there waa a Sight: | ¢ ja bis band; Mr. and whi hard ow ina, nok him; Mir. WE * elbows und. while Me | orrest forts toget up bot he ge him dh the g was making ¢ atest was by eben he wee tiret struck, felt rest, when be was striking Mr Xed down, wee standing at Mr re were scme other persons in the wnd when Mr. Wills (Signed ) WOLRAUGH : to, om thie 47th day of 2 i Tee. J, Osarev Mz, Van Buren then tread the crore examination m being crocs d by UD. seduwiok, F den’ know when ivetla; I think | mey reiurp oreyw ling; 1 know it Wr wuck, ia Twas told bis vems at the time by ¢ thore, and beard bis name at (he Pollee vor Jefferson Market immediotely after th fiber 1 we b rifer; whem Leay I 2 wp behind Mr. Willis. I mean hi but 1 cannot y it war in a disec a Mr. ¥ t Mr. Willie, be ight behind him ag for as ould see; the biow wee e'ruck on the back of the of Mr. Willie frost did not male aoy hi ¢, after he tan up. before he siruck ba mmediate b nor walt be struck tay ke did not; Leould not ree whether he did er i Jumped over the fence before dhe blow was strus did observe what effeot the blows hed on appeared to be stunned, and when he got policemen hed taken Me Vorrest off, Me W t onrd; I noticed he was stunned by ance, and by acme pertons speaking to him, sad teeming tonctics them; the pereons appeared to k there rald be wae stumaed; bis app 4 be was pale, and he appeared stu t blow that Forrest struck kno | #0 that be lay with his face to the grou ly alter knocking bim down, Forrest Mr op #0 that be fell forward fat om hie fare, | be coud be standing at Mr Wilie'ebend while from plain bo | me; he was sideways from me on the path. th ' om the right side; I passed my band over his hesd, and of this sesault. wore two fret caw Hie pid if i gs 4 7 $ i Fi ¥ eet when I first saw him; [ cannot say Jong Mr Forrest was looking in the direetion of ‘Willis—I suppose a minute or so, while 1 eaw him look- ing; I did not netice Mr. Forrest standing behind poof not apy of the tine; Mr. Willis and Mr. Forrest were the same path when I first saw them; Mr. Forrest was in the path nesrest the Fourth street fence, and Mr. Willis was ip the:di ; P , Mr. Wilks; he was a little bit past; Forrest was not far from the Macdougal street fence when he strack Willis, but I cennot sey exactly how far; whem Forrest had Willis ny te collar be was right im front of him, by the head; t. Willis was mot doing anything, but teking the beating; he @id mot strike back; #4 far as I could see, Mr. Forrest was ar. Willis down to beat him; thie is the second time I bave been examined as a witrers in this matter; I kave also made an affidavit; I don’t knew what time it was; it ‘was ats policeman’s house, nnd at the request of the policeman; the policeman’s name is Willis; he is nota brother, as I knew, and I don’t know whether be is any relation to plaintiff; my statement or affidavit wes taken down by the wife of the policeman; he eould not write atthe time; then I went across the way to the police court and swore to it; Mr. Forrest knocked down Mr, Willis with hia fet; (den’t know that I before have eworn that J did not observe what effect the bei had on Mr. Willis. (Signed) JOHN COOLBAUGH. Taken. subroribed, aud sworn to, on this 27th day of June, 1851, before me. (Signed) THOS. J. OAKLEY. Franois Aaranguren deposed—I live in Amity street; [ am a native of thir city; I reside about three blocks from Waebington rquere; 1 was in the square on the evening of the 17th June, 2860, when I noticed an affair; I was ronning round the equare with Louis Guilliger; I wason the path towards Macdougal street. when J saw a gentle. man on the path, on his hands and kuces, and another one beating him with a cowhide, I think; nothing in- terrupted the beating until the police came, Cross-examined—The person who was on his hands and knees was facing towards University piace; the one who was striking him was facing towards Fourth street, on the north of him; I heard Mr. Will ery, “teke him off ;”’ heard him say it twice or three times; I did not nything more said; Philip Guilliger wae sitting om a bench about twenty yarde from me; I went up to Mr. Willis and sir. Forrest before the police came; I did not see Mr. Forrest have bold of bim at all; I was about three yards {rcm them; I noticed Mr. Willis’ hands were on the ground; I went with them to the police office; he left before I did; I know Mr. Willis; I did net know him are net £2 Se comms. Ts teanad potter mon then O repudiated idee thet Mr. Forrest fe Mr. Willte—hie whole = him know what he was sae ctiseGreaed for the rlaiat iit has throws, oat some idea thet whem one man is stronger than ancther, the punishment should be ruled out scoordingly, What- ever Mr. Porrest’s gonih ry hf he never in the courre of his life before laid bis im anger upon a Bese erenged and shoe stronger tna suctner todo | been aad ad Tahe to and reduce to the ordinary After come discussion between the counsel. the Court aid be had looked into the pleadings and he had no doubt the publication was not admissible; it wasjelso perfeetly clear to Die not be given im evidence, end eould not be read to the ary. **H. Van Buren thooght that he eculd show the court bps eriagnen ot the provocation in this case ought to be jmaitted. The Court hed no impression so strong as would not Yield to authority; bat his is that the provo- cation, which ie sald to have existed for some four or five months anterior, could not be given as justification The Court ruled that the pleadings could pot be read, and Mr. Van Buren excepted. Mr. Van Euren then continued to address the jury, and eeid chat under the ruling of the Court be would uader- take tostateto them the substance of what be intended to prove in justitication, with a view to shows reason for the mitigation of damages It would appear in evi- dence, if they were permitted to produce the testimony, that an intimacy subsisted between the wife of the de- fendant and the plaintiff in this case. from 1844 to the time of the tremsaction ; thet thet intimacy commenced without the slightest suspicion om the part of the defend- apt, and that be had no reason to suspect the fidelity of bie wife. Perbaps it was ae to imagine a more bappy couple than Mr. and Mrs. Forrest up to 1849. At that time a discovery was made, mot with reference to ‘Mr. Willie, but with another person, and shortly after- wards Mr. Forrest separated from hia wife, and made her an allewance of $1600 a year. He then retiiedto Phila delphie, where ke commenced procoediugs for a divorce, | and tock up hin residence at the houre of his sister. In before this occurred; he bas been to our house to ascer- tain what I knew about this occurrence; he came about @ week or two after; I made a statement to him; he did not write it down; J saw him afterwards at his house; I | went there to leara when the cause was tocome on; I saw bim; I didnot eonveree with him then about this care, Q.—When was the trial to come off” A—I don’t know, it has been coming off so often. (Laughter ) Mr. Van Buren—It came cff partly once. Now we have it om again. Witness continued—1 have not been at Mr. Willis’s since; he bas not been to see me; I am sixteen years of age now. Q@—Which of you won the race? A.---We were not ronping a race. To Mr. Bandford.--I did not ree persons named Stevens and Deugherty; I have eeen them here at he lat trial. Mr. Van Buren---There is one of them we would wish | to see here now, very much | Witners thinks the gentleman sitting third next the ralle is Mr. Dougherty. William Fullerton depored thet he keeps a small gro cery store now; is June, 1850, I was dealing in con- fectionary and fruit; I was in Washington square in June, 1850, sitting on'a bexch; I raw a person come up behind anotber, and knock him down, and then beat bim with « stiok or cow bide; I observed it to be a brown cane; I did not leave my bench before the police; the police were standivg at the hydrant, and I called them. | Crors examined.—I had apples in & basket and candy | on board. | Mr. Van Buten—That’s what you call feuit and confes- ticmary. (Laughter ) Witness—I turned round avd raw the blow struck; I can't say thet be bad his hand raised; he might have struck a blow before I saw bim but the one I raw kaock- ed him down; the man that was struck was nearest to [Oisgram produced, and witness described the position ot the par- ties.} A crowd collected when the police came; there wes not what I would call a crowd before they arrived; the police came immediately. Q.—Was the back or the front of Mr. Willis’ head towards you? A —He was on the ground, and I should sny it was the top of his head westowards me. (lacgtites ) Q.—Which way was his face? A.—I abould easy it was towards the ground, as he was op hie hands and knees (laughter); I did wot see Yr Willie do anything; I did not hear either party say anytbirg; Leaw the boys that were there; | did not see the defercant b-bind # tree; they did not pass me when they went cut 10 the police oflize; what I Forrest whip him h was rometbing browa—' beyn called a cowbide; I don’t know what it was made of, Teaw Mr. Forrert have a hold of bim by the coat at the back of the neck; the blow knocked him on bonds ond Eneer. Doctor Louis T. Warner depored — 1 reride at 49 Lafay- oe; Tam a physician; De, J. ¥. Gray is my part. ; [have been Mr. Willie's family physioian for at lewst three years; I heard cf the occurrence of an aflray between Mr. Forrestand Mr Willis. @ —Whet war the general etate of Mr. Willis’ health at thet time? Mr. ‘on Buren objected to the testimony. The Court said it might have a bearing as to the in jery, Admitted. Exception taken. Witness continued—Mr. Willis was in a delicate ntate from various causes, but was very much debilitated from ® revere attack of rbeumatic fever; he was thenioa eonvalescent state; he suffered from the rheumatism for about a year; I examined his person within three days after the cocurrence; very likely it was the next day; what I firet observed were discolored stripes across bir shoulder blade, and a large swelling at the back of neck, about three inches in diameter; it was rather found it was knotted with sweHings; the diseolorations weae at right angles across the bask: I also observed @iecolcrations on the right arm; I do not know that I observéd them on both arms; I examined the fore part of bis person, but could perceive nothing in the way of a mark or bruise of any kind; I believe there wasa seratch on the forehead, so slight that I did not think apythingof it; itwas like the scrateh of a pin; the dis- colorations were the most numerous on the back and shoulder blades. | ae What has been Mr. Willis’s state of health since at! Mr. Van Buren chjected, and the Court sustatued the objection, unless they could show that it was the resalt | | Mr Sandford excepted to the ruling. | Cress-examined—I do not recollect whet medicine I | re Mr. Willis in the month of June; I have no doubt | gave bim some medicine; I really cannot say whether | he was about bis ordinary occupation; he was at irrogu- lar intervals at bis business; I do not know if he went to | rties during that month; I was in the jog him in the etreet; | thinkthe ekin was bim anywhere except the mark on the forehead; I did | not give him any Snternal isine at that time; Iad- , vised external ‘epplications—I advired arnicha, to bs | rubbed. (.—What is that. A.—It is a plant. I did pot give him apything elre; I advised repose, on account of bis general health and the eflect that that might have on bis general health; I was examined in this caze be- fore; it 1 wos asked if I pretoribed any internal medi- cine, | must have said no; I wes frequently in the habit of calling at the hone, and I don't recollect being fir on this oceneion; L was talking to Mra, Willis when be came iv, and i asked to lok at him; it was bs- tween 1] avd9ovcleck in the morning; I prerune Mc. Willis came trom another reom; be bad his d cown on; Loan’t soy that I was rent for in refere! thir matter; I wae ip the babit of going there without being sent for; [asked nim to let me look at him, end I voalked up to bis room, where he strip; ts be was iripped for about five whether Irald before, he was tt it wt that time, to my knowledge; I did not rtobea wito 1 dow’t remember having ped sud examined him befire; did not examins k below the waist: the disoolorations did not ex- tend down quite er fares he was car end o little at the back of it; I don’t remember that lever ported my hand through hie hair before that; I beve noe, witha view of reeing if the swellings were | eve: [don’t keow whether Mr. Willis was dressing f eyperty whem I went there, but I think not; I a ow whether be dined out that day; lam mot able t y whether I eaw him out that dey or the next day; Love pe dletinet recollection as to when or where I first cow him egaio To Mr Bepdfad—Wheo | passed my hand over bis d the eeeoud time I found the k oote disappearing + Sandford ssid they bad other testimeny on part intel, bat it was merely comulative, and it 0 Lf Dot be pecesrary to produce it unlere the facie nto were controverted bir Vow Buren on the other ride to flaish their he did wit te py end he w opprise ther now th: 4 to comtrovert the statements aworn to by th fer the plaintii and that he would jutro copy 10 prove that the oceurrence did mot take bed did not think rule of this cow here was any di and others « tee ® the swatier The court had sivays a dir acd woen the cflet wae made by the plaiutiff he would dooide an Boren notided counsel fer the piatn'iif that be would eppoes the futreduction cf eumuiative test v wy efter the defenee had clored * iferd--We cau intr ¢ tes’ imony to contra ar Witpersee 1» Purete=There ie no doubt rebutting testimony p\waye adwineabie The Court took « recess for Cre minutes Mr Van Barer commeverd his opening of ease for by saying, (hat amouget th ip Writing, apd the largest priv era are the edit sgt hove an opperteainy tomcg ibeee petite Saick | husalready instituted proceeding in anoth February. 1650,he learned for the firet time, that frequent | and stealthy visite were made by Mr. Willis to the house | Of Mra Forrest; and though the evidenoe he then receiv- ed wan not sufficient to his mind of the guilt of Willis, be met him in the street and cautioned him as to bis visits to his wife, They would show that while Mr, | Ferreet was under the natural excitement ef this caure, a publication appeared from Mr. Willis, which so fer from exouring himself from the charges | Made by Mr. Forrest against him in the proceedings iu | Philadelphia, was but roandalous and sourrilous, charg- ing Mr. Forrest with conduct not only bare, but holding bim up to ridicule in reference to his conduct at home and abroad, and also in reference to himself and his wits, It stated that there was a superiority on the part of Mrs. Forrest ever her husband, which forced her into other acciety. But this he (Mr. Yan Buren) thought was an inferiority which the lady should have discovered mapy yearn before, This was the subjeot of investigation be- fore anotber court, which did not result in inducing the jury to beliove the facts; but God forbid that another Jury should declare such conduct was not a justifi- cation for the act here charged againgst the defendant. Mr. Bandford here to cbject to the counsel wander- ing from the prerent issue. Mr, Van Buren unsel has, no doubt, a most happy way of expreni himrelf; but these repeated in- terruptions of counrei was rather too much He (Mr. Van B) preposed to show not only that this pabli- cation was made, but that the same intimacy was kept up between Mr. Willis and Mra, Forrest from the time it was made to the time of the trausaction in quostion, | Buppore it should appear that he struck one of tae jury with a raw hide half a dosen times, and the case should be left there. would the jury not say this is an outrage? But what is the reasen of it? They would desire to know the cauee of the outrage--the occurrence of the offence—and the court would ses that nothing could be more correct than the introduction of the testimony of the libel, and the occasion which led to the assault, Counrel here referred to the case of Dean vy. Houghton, 2d McMullen, 149, which was an action for assault and battery, where the defendant proved that the plaintiff bad to reveral persons that Mrs, Houghton had given ‘frock patterns” to different gentlemen, which Was considered injurious to the eharacter of the lady. Also to 3d Maccord’s reporta, 69, Rhodes v. Bunt. But perhaps the case wiich comes the nearest to the present on 1d which, indeed, be could not distinguish from i #7 Carrington and Paine, 621. Frazer v the Hon Grently Berkeley and others, dec'ded in 1836 There Was timilar evidence in Wateon and Fraser. inthe same yolume; 12 Wendall, 12; 4th Wendali, 336; 7th Wendall, £60; and Int Starkie on Slander, 49 He (Mr. Van B) would cffer to prove that, in May. 1850, Mr Wille sent for Mrs, Forreet—-that she came to his house--that she went stealthily to 8 room, and that Willis was seen coming out of her room in hisshirt sleeves. and was heard bidding her good right. Suppose these facts had been ecmmunicated to Mr. Forrest, and then the publication traduoing Mr. Forrest, would a jury say that such acts would (urnish no justification for an aseault ? Or would ajury not ray that it required the defer dant to do as he bad dope, except that the punishment fell far short of that which he ought to have inflicted ? The witnesses for the plaintiff are correct, that some chastisement was inflicted upon Mr. W: yy Mr. Forrest ; the only di ference is as to the modein which it was done, Itiso of the curious things that he had never been able toe: plain to himeelf, why an editor of « journal, finding the circulation of bis Breer, is limited ana his inoome mode- rate, sbould tarm himself te the purruit of making his paper the vebicle of slander and himeelf the object ot ault. Itis the oddest way of making a livelihood he ad ever heard of. And this is done by a champion of the fair sex—a gentleman who invites an attempt to punish him—for ip the publication whioh he made, he signs his individual name to it, in order that he may avoid no re. sponsibility. Why, the inference woes, that he would bring the defendant before s criminal court, and not to # civil action, to take five, ten, or twenty dollars for the chastisement. Mr Van Buren then made a humorous allusion to Mr. Sandford’s de- claration of [ad Pte to defend himself; but for this precaution he saw no reason; he never saw the neoessity for counsel going armed If he (Mr. Van Buren) carried » weapon, the first thing he should do would be to shoot himeelf. (Laughter) Me never dared carry & pietol. or s penknife, ora stick; all he wanted was plenty of room to ron—(great laughter) that was preoisely what Forrest did mot wish to let Willis do —(laughter)—that is the reason the defendant did not y to the plaintiff, “Here I am; for, if he did, he ould not have had an fg eee of inflicting the punirtment cn him He (Mr. Van Buren) would now proceed to call witnere: nd after the jury heard him and the four counsel on the other side—who will divide the verdict with the plaintiff, no far as those who have alien on the recovery will aiiow them to do so—the jury would say what the amount of damages should be. Christiana Underwood was then called by Mr. Van Buren, and deposed—I lived with Mrs. Forrest; I did not live with her jn 1844 and 1845, but I was inthe habit of calling there; I called there a couple of days before she went to Kusope, in 1844 Q.—Do you recollect Mr. Willis calling thore shortly befcre Mra. Forrest went to ee ad ? Mr. Sandford wisbed to know the objeot of this. Mr Van Buren—I propose to show, by this aud other wilnerres, criminal intercourse between Mr. W the defendant's wife, commencing in 1844, and cont until May, 1860. Mr, Sandford had no objeotion to their going into the tertimony it the Court think this the occasion to go into ther triel, provided that the broad and infamous rlander. if not subetentiated, should be visited with additional | dam ages fer ublication of those charger. Mr, Von Puren--The defendant was prepared to meet the result, and if he was not confident of being adie to prove it, be Wouid not offer it One jury hed parsed upon the care; that, however, is no reasou that the cause not be tried by another; ard then it was in an ao- tiou with » woman that was recently decided, and Lore it ‘oversy With # man—or, more properly speaking, | with cre who is nots woman, (Laughter ) Mr Sandferd repeated his offer as to the adm'ay the Wstiimony, and the condition: a samit the evicence ; but he did not perm intrcduction of the publication, fur which oir. Bor art rejerred to the cases 19 Jchnson’s Reports, a9, Lee ¥ Wechey, 13 Werdall, 665, Kieworth vy, Thompeou; to Wendoli, 206, the case of Beardeley v. Mayaord ar alterwarce reported in7 Wendail. Mr. Sandford eou- tinued to contend against the propriety of adunitting the | tertimory «fered by this witners He thought thet Ft time of this community had been sufficiently oceapis' vy the Gomestie ofikire of Mr. and Mre, Forrest. (0 allow now some rerpite, an] he submitted that though the was ecnvinced that the entire falsity of the would be proved, the testimony was not Mr. Van Buren contended at nome lengtu for the in troduction of the testimony of criminality, as showing justifieation of the arsault, and added that at the time of the publostion of the article oomplaiwed of. Mr ¥ t war outot this cliy,and the collision betweea the occurred Within @ few days after bie return. Le olf to show the provocation contained in tue article, and the Invitation held outhby the plaintif, by his deolara- Uicn of perscnal respoxsibility The Court reid that undoublediy there were cor injories which ® man cannot forget during his the law has ¢ t proper to iutrod the redress of thore wrongs; If, howeve committed vader certain circumstagoes, ths | ®yellistion for the passion of the injured man; be there js time to ccol or for refleetion then the law does not allow any polistion whieh is alleged to bave given rive t lorg spterior (batit could not be said t ccmumitted under feelings of passion way bave brea goaded on bo it by cumtlance; bat even #0, too m ghe Ocurt, therefore, felt bound Mire Underwood withdrew. Hlensy Dovgherty was then called, and deposed--t reride wt 162 #rauklin st; 1 don't Know the plaincitt, except by sight; | am acquainted wich the deiendant; lL was in ibe Weabington Parade Ground when a diMleulty ecourred between Mr. Forrest and Mr. Willis; Mr. Willis War pasrirg on the south side of Fourth street, west of Macdougal, when be was first observed; | was with Mr. Forrest; Mr. Forrest moved towards the gate opposite Themprow treet, on the south ride ef the square; he wcved ep the road inside of the park, paraliel with Hoprth etreet; Mr. Willis came up Fourth street, end ssault waa likely he | no one interfe: | Mr. F. | é : : i & 8 Ni ‘Scx0es the gress; he was coming the rquare when I saw bim at that time; Abcut ten or twelve feet from me, in front of me; Forrest came in behind him, and just in front I exw him overtake Mr. Willis; . Forrest his band on Mr. Willis’ right shoulder, and said some- thing to him ina very low tone, which I did mot ever- hear; 1 did not hear Mr. Willis reply; Mr. Willie to the right, and then they were standing face to ouw Mr. Forrest strike him; he struck him twice; the biow he struek with the rignt hand on Mr. Willis’ fees; then Mr. Willis waseither turned round by the blew, or turned round bimself, and then Mr. Forrest straek himm bebind the right ear with his left hand; the effect of both the blows was to knock Mr. Willis down; I was at about ten feet distant at the time he fell, or it might be ‘a little mere, for when Willis turned I stepped back two or three steps; Ieaw Mr Forrest whipping with a whip; od until the arrival cf Lhe police offeres: Mr. Willis was in a sitting posture, or probably I Sebald say on bis bunches, and he then scrambled on hie knees; I did not see Mr. Forrest holding him; Mr. Willis put bie band om the top of his head, as if to protest self; Mr. Forrest took # small cane which Mr, Willis earried, and struck him reveral blows; he then drew from beneath his vest a whip, and whipped him with it over the shoulders and baek; I noticed Mr. Willis whem Mr. Forrest first epoke to him; he said nothing that I beard. Q --What did he do’ A.—He raised bis right band to his breast; that was about the seme time Mr. Forrest strack him; he was his hand to his breast as Mr. Forrest struck bim Mr. Willis ory for the police, and sey [—take him off”? Ww ag Mr. Sandford objected. Mr. rage ag prove it by this witness, as it had bees wiready proved. Witness continued—Mr, Andrew Stevens was also in the Park that ; Ido not know where heis; I do not know whether he is absent from the city; the last time Loew him, I thick was on the 6th January; I sew them going to the police office Q.—What was his manner of walking in reference to weakness. Mr. Bendford objected. The Court admitted the queetion, ‘Witnese—He passed me gaily. Q.—Was he using hie etiok to leap upon, or in what manner was he using it. Objected to as leading Admitted. Witness eontinued.— He carried it in his hand; bewas rot leaping on it; it was a light cane; I thought he look- ed pale after the (logging, and his clothes were soiled; be walked to the police office; I think there was some differ- ence between walk before and after the occurremee; he walked as if he were fatigued; he walked to the polico cffice in the Sixth avenue, . Q —What was eaid there? Objected to Mr. Van Buren—I effer to show that the magistrate arked him if he had any complaint to make, and be eald he had pot, avd they all walled of ‘The Court did not think it material Witners—Mr. Willis went away; he left before Mr, Porrett. Crone examined —I am not a married ; Mr. For reat dors not reside at 162 Franklin street; he rerides, at prerent, @t Florence House; I am a native of New York; Tor -nag'snt for a eommerctal house in New Orleans; i a outeie@ 48; their name is Ferdinand, Kennett & Co ; L am aequ,inted with Mr Forrest between twoand three years; I ac‘¢d 88 an agent for him in going to Texan to ‘bring a Flowers as a witness in the late trial; I did Bot take a room in Mer- cer street for’ Anna Fic Wers; 1 know who took it; { never left a notice at the h “#4”. except the notice of ® marriage. (Laughter) I ».%$ 12 attendance at the late trial almost every day; I went % Mercer street to take Anta Flowers away; I was taki.’¢ ® Walk with Mr. Forrest that ever 7H Mr. Stevens was w. 2 Us; we went from the Florenoe House; we were in the hy it of taking a walk every morning and eveniag; we Went in that direction becauee it was a pleasant WSK; 1 kuew that he had the whip concealed, befor’ ¥¢ left Florence’s; it was purchased in Brooklyn; 1 bought it; [had it made, (Laughter.) I ordered it, * think, in Apriler May; itwes made ef gutta perobs, at the fectory; 1 don’t know who was in the store; I went to the agency im Broadway, aud they told me I should go to the factory and order it; I got it ut Mr. Bte- vepe’ request; he was intimate with Mr. Forrest; I don’t think he was as intimate es I was; I did mot ack to have a shot or ball pot in the whip; there was no suggestion of the kind; I don’t know what has become of the whip; I saw it afterwards in Mr. Forrest's room; the faetorry is & little from ferry, in Brooklyn. ina street on the right land side; the agency in Broadway is between Cortlandt and Dey streets; I gave it to Stevens, and the next time I saw it was in Mr. Forrest’ posseaslon, after be returned from Philadelphia, about Oth of June; we took a walk that day; I think we walked out of ¢swa, up the Fi jue, a8 as Madison equare; I pose he ip about him that day; he nad it in band at the Astor House; walked out with Mr. Forrest every day between the 10th and 17th of June; I should say he had the whip with him on all these occasions; we had dived together before we started for Washington equare; I don’t recollect any one suggesting to go to Washington rquare; £0 far as I knew then, or know now, it was a matter of chance our going there on the 17th of June; my attention was first attracted to Mr. Willis, by Mr. Forrest looking intently down Fourth street; being ear righted, Teould not see very well; L wear glasses, aud always put them on when I wish to see anything parti- cularly; Thad my glasses with me then; without them I could not distinguish counsel's features trom this; from the time Mr Forrest turved from me, until I saw coming across the grane, I did not see him; he was ¢om- ing rapidly after Willi Q—You knew he meditated the assault? A—I felt very confident that the first time he met him, Willis would be wane (laughter); he came up on the right side of Mr. Wiis, and touched him onthe shoulder with the lef; hand; Idon’t know if it was » light touch; I don’t think it was a firm grasp; they were standing side- ways, ond Mr. Willis turned round, and then they were face to face; Mr. Willis raised his hand to his breast, and Mr Forrest raised his hand to Mr. Willis’s face and hit him; [think that blow had the effect of turning him round—I know it staggered him; the effeot of the second blow was that M: went down; Mr. Willis was not fiat on bis face at any one moment; his entire figure was Dot flat, prostrate, at any one moment; he was in two or three different attitudes; after the seoond blow was struck. an nearly an I can recollect, his person was on the ground, and bie le{t hand on the ground; I think bis eane was in his right hand at the time; I don’t know where bjs right hand was at the time; 1 suppore it was some- where near (laughter); [saw the cane in both hands | afterwards, and Mr. Forrest took it from him, and he pat his hands on the top of his head; when he was sit! the ground, his body, I suppose, was about forty articulariy there ea ting on five de- grees elevated; I noticed was nota le blow struck on his I did not interfere to ent apy one interferi: repeated what Mr. For- had said; the occasion of my repeating it wasin wer to inquiries; I did mot tell anybody mot to interfere. Q—Did you use this expression—“ It serves bim right?” A—=I did distinctly, afver the fight ; I did not make asingie remark before it; I threatened Mr. Willis he police office ; I told him, if he repeated an insult to jain, I would hold him responsible, and he did nct repeat it. Q— wes che bad eld to you? A—He said I would swear to anything Mr. Forrest raid, which I did not consider very eomplimen— tary, unlers I knew that what he said was true); I know Jemen Nesbitt; I can't say that I saw him on ing of the 17th June; I never told him any such thing as that we were going up to flog Mr. Willis that evening. To Mr Van Buren.--Jt might be as mueb as five mi- nutes from the time Mr Forrest parted from me till I saw him following Mr. Willis. Adjourned te ten o'clock Wednesday (thir) morning. THIRD DAV. Mancn 3 Mr. Van Buren offered in evidi cation of April 6, which is set out in t answer, to- gether with evidence that at the time of the publication ihe defendant was absent from the city until a few days before the collision, and bad not seen the plaintiff from the time of the publication until the e2casion of the affray. The Court took a rote of the offer; and Mr. Van Burem excepted to the exclusion of he evidence. Edward W Burr was theneworn, and being examined by Mr. Van Buren, depored—My piace of resigence is 122 Allen street; [am # manufacturing jeweller; | know Andrew Stevens; he is not now a partner of mige; { pab- lished the advertfeement of the dissolution of partnership on the 19th of Jan, last; I think it was om the 10th of January [raw Me. Bievens last; 1 know mothiog of his beng imthe city except by report; have not reen him eiree that time;] know of attempts being made to fivd bim at the time of the divorce trial, 1 did know ct bis intention to leave the city; I have not been to his be Lo arcertain about him. Do you know that the rest were interrupted Mr Baxdford objected, and U nol meterial Crone-exems ) —-Is it not well knowm where Mr. Rte is? A do not know where he Is it mot notorious that he isin Virginia? Mr. Ven Burenobjected. f they could prove that th defendant knew where Sleve: as, they might do eo. ‘The Court said it wae not rial. Witmers, toMr Sandford—1 heard last evening that he opnecticut. Mr. Van Buren—That's making it notorious that he is re he left? Court said thas it was in Virginia, Q--Who told you he was in Conneetiout ? A.--His son. He said be was at Mill Plains, Fairfield ecunty, Conn. Mr, Sandford--What sized man is Mr. Btevene’ Wr. Yen Buren--What’s all this for? If they want te edvertise bim, Mr. Burr can give them bis marks and tokens, Mr. Jordan and Mr. Pendford said they wanted it for the purpose of being able to show that » perton of that dercription was teen in this city within forty eight heurs. The Court said, if such daguerreotype testimony wae offered, he would rejeot it. Cideon 0. Chese, deposed--I reside in Owego, Mr. Wil- lis, the plaintiff in this euit, resided there some four of five years; I was acquainted with him. Qe-Do you know bis general eharacter for integrity merality ’ Bendiord chjected. ‘The Court ssid, it was clearly inadmissible, It is no miligation Of eseault and battery, wecause & man’s cha- racter is not free from suspicion or reproach. dcseph De Bender, dopored—{ reside at 161 First are- pue; 1 wes in the Washington Parade Ground, at the tive of e difficulty between Mr, Willis aud Mr. Porrest, entered the gate at Weat Washington Place, (diagram piccduced and shown to the witners,| that gate is about belt way up the Park ; notbing particular af all arrested my aitention ; 1 first saw two persons, they were etand- ing together; I did not know cither of them, and took no pertioular notice of them; they were standing toge- ther facing each other; 1 stoce learned these two persons were Mr. Forrest and Mr Willie; there was inc ge PY | thought; 1 was walking in the cemtre path, paraliel wits | F orth aud West of them; eyes from inem whea I fires wavy them; I gould not ob- were doing when I La Toe wpa D ese not near enough to hear if they were end! then rap partion | or five steps to them, he = m4 bting, as I thoug! | eta tusbliog; Be