The New York Herald Newspaper, April 18, 1872, Page 12

10 FANNY HYDE. ter Yesterday's Proceedings in the Trial of the Alleged Murderess of George W. Watson, SEAN STES TERE: THE DEFENCE HEREDITARY INSANITY, Fanny Telling the Narrative of Her Wrongs. Hunted Down and Ruined for Life—An Existence of Misery in Merrill’s Building—The Perils Which Beset Young Shop Girls—The Prisoner Claims To Be Uncon- scious of the Shooting. — eee EXCITING SCENES IN COURT. ‘The trial of Mrs. Fanny Hyde, the alleged mur- deress of George W. Watson, was resumed in the Court of Oyer and Terminer, Brooklyn, yesterday afternoon, There was the usual large attendance, including many more ladies than on any previous day of the trial. WATSON’S VISITS TO FANNY, A number of witnesses were examined whose tes- tmony, although interesting, cannot be given in tom Tar mn 3 Q. What you go there for? A. Medical at- tendance, You were suffering at that time? A. Yes, sir, And have you, since the intimacy commenced, suffered in ennnegnenee of difficulties? A, Yes, sir, Much or little? A, Much, You were suifering from that cause on the day of ge Su a E . me i . Where e cquaintance of your husband? A. ‘AL the jomestead, * Where you boarded? A. Yes, sir, ‘ou got married, he would cease his visits? A. sir. eS, § : = ae pssst ne a sede one ? A. Tasked ia marries he Wo! let e, he promtised fuithfully he would, “| ™e “ones and A a bed the manner in which he made the prom- MADE HIM TAKE AN OATH ON THE BIBLE. Q. During this time had you any confidante—any pty ee — ay friend, that you made a contidante » sir. Q. Your mother was very strict with you, was she not? A. Yes, sir. ¢ And your father also? A. Yes, sir, . Did Mr. Watson ever threaten to expose you ifyou did not comply with his wishes? A. Yes, sir, repeatedly. ¢. Did not you frequently entreat him to leave you alone and not pursue you? A. Yes, sir. Q. When you returned from Washington you went to New Britain? A. Yes, sir, two weeks, wa we husband was up there at the time? A, Nun De add Watson ever take you to his house? Q. How far did he live from New Britain? A. Nine miles, Q. You were there part of the time when your husband was absent at the house? A, Yes, sir, Q. Who did you sleep with when your husband Was away? A. The first night I slept with his little daughter, and the other nights wilh his elder daughter. Q. About your age? A. Yes, sir. Q,. Was you there on Sunday night? A. Yes, sir. our columns because of lack of space. It | @Q Was anything said by hiin to the family about was sworn to by some of them that golng to church? A. Yes, sir; he wanted to get his Watson’s visits to the house of Mra, | Vile t0 #0. Hyde after her marriage were very frequent. They were also much together at the factory, especially at times when the rest had gone home. Her char- acter was spoken very highly of by all, some of whom had known her since her fourteenth year of age. Thomas Whittaker testified that when he saw Watson after his death he observed some marks on his forehead as tf they had been received ina scuile. Other witnesses said that before she fired the fatal shot that day her manner was very strange. Her eyes were swollen and red, and she looked wild and excited. Her face was very pale. SHE WISHED THAT SHE WAS DEAD. Mary Dexter, the aunt of the prisoner, said that Fanny seemed in a deep study on that day; when she spoke to her she said that “She wished that she was dead.” This witness also sald that the grandfather of the prisoner was insane when he ‘was drowned, eight years ago, at Gloucester; he attempted to hang himself and slept with a knife under his pillow, THE PRISONER'S STEPMOTHER’S STORY. The Court took a recess of three-quarters of an hour, when the trial was resumed, The stepmother of the prisoner, Margaret Hyde, was then called to the stand, and swore that she had known Fanny personally since November, 1870; she visited Fanny then, about ten days, in Willamsburg, when she was introduced to Watson at the house, Fanny visited witness in Washington, April 1, 1871; she was weak and delicate and consulted Dr. Elliot, President of the Medical Board there; I don’t like to name her difficulty; she was ina delicate condition; she left on the 20th of April, in consequence of a let- ter from her husband; when she received the letter she cried very bitterly; she was suffering from this ailment the same when she returned from Wash- ington. Q. While you were visiting your son did you hear dim speak of Fanny? A. Yes, sir. Q. What did he say? Mr. Britton objected; question admitted. Q. Were these declarations made so that she could hear them? A. Yes, sir. Question withdrawn. The witness stated that Fanny was affected with ‘an ailment usnal with women. To Mr. Britton—She said to me, “I feel mother, as if a curse is hanging over me, and that is why they want to take me to New Britain, Sarah Windley, step mother of the prisoner, said ‘that after Fanny went to work for Watson she con- tinued to live home about a year; her health was very good when she went there, but during the latter art of the time there was a —e in her physical condition; witness w#aw her about four months after she left home, when there was a greater difference in her appear- ance; she wasa great deal thinner and had lost her color. THE FATHER OF THE PRISONER TESTIFIES. John Windiey, the prisoner's father, testified that Fanny was born in Nottingham; is eighteen years and a half old, and came to this country when she ‘Was ten years old; her mother died when she was four years of age. Mr. Windley then gave an account of her life and employment in this country until she went into the employ of Watson, and stated that inasmuch as he was poor he was nnable tosend her to school and she had to go to work; she had been working since she was about elght years old; she never went out at night nniess in his company; when she went to work for Watson she was a little over fifteen and in very good health. Mr. Windley procecded to detail the great changes in her ap- pearance and manners after that, GRANDFATHER'S SANITY AGAIN. Mr. Morris questioned the witness as to how his father came to his death, according to what he had heard from members of his family. Mr. Windley replied that his father had committed suicide by drowning. The understanding in the family was that he was not entirely in hts right senses. Mr. Britton (cross-examining)—You d ony grew thinner ? not sus- r. at time suspect that Watson was cause of it? A. No, sir, Mr. Windley explained that his daughter mar- ried without lis knowledge, and that he never asked her why she did so, nor did he know why. FANNY’S SECKET MARRIAGE. Q. Was there any cause why, as a futher, you did not ask her? A, I thought that as she had made a bed she had better lie in it, ‘The witness continued that there was a report circulated that there was an intimacy aay be- tween Fanny and Watson, and he mentioned it to her; she got ‘eplied that she was old 1; she left the house a Q. Did not at th u enough to ta few days the In reply tioned tii r vitness stated that he men- ‘on. RON THE STAND. Mrs. Hyde was then culled to the witness stand. As she arose a buzz rang through the thronged court room, and the spectators aruse in their seats, while those in the aisies and gallery surged forward against the railings, in their eager curiosity to obtain a view of the fair accused as she Stepped lightly forward through the counsel and Witnesses ‘and avound to the witness’ chair, hear the Judg As soon as she was seated | Mrs. Hyde removed the heavy brown vell which | had up to that m nt obscured her and re- Yealed a coun over which was Spread ¢ deathly pallor. dark, sharp eyes shone with | unusual brillianc * for an instant she st her | lance across nent; then resting her ead apon her att ‘white hand she appeared ‘to be overcome %, but shed not a te A glass of wa led her by on Court officers, which bad the ettec ing he composure. She then proceeded to give her testt mony as follows:— of tn Q. When was it th 1 went to work for Mr. Watson? A. The litter part of February, three years ago. Q. About how old were youthen? A, Just turn. ing fifteen. Q@ You were a virtuous girl at that time? A Yes, sir, Q. Have you ever had any improper intimacy except with Mr, Watson? have not. Q. How long had you worked for him before there ‘was any improper intimacy’ A. As near as I ¢ ct it was between five and six montls, » And where did that occur? A, In the shop. A - (Firmly) No, sir, T Q@ What time of day wasit? A. It was in the morning. Q. State how you came to go there that morning. A. Thad some nets I got the afternoon before, 1 he told me J should come at nine o'clock for ty elastics. | Q. Was he in the habit of calling to your house to | see you? A. ‘To my futher's house ? { q,. At your house where you were living? A, Yes, Q. During the time of his intimacy with you have you had sion to take medicine? A. Yes, sir. Q. Who jurnished those? A. Mr. Watson IMMORALITY RECOUNTED, Q. Did he ever suggest to you to go over to New York to live? A. Yes, sir. Q he state where ? A. No, sir. QW did you understand he wanted you to go? fir. Hutier ought it was an improper question. Mr. Morris—From his manner did you suppose any place ¢ Judge Tappan—tIt is no eupposition, Where did fe want hor to po ¥ Withesa—He dlin't say exactly; he sald nothin; gore than he wanted me to go to New York anc ition resumed Morris—Did he ever w ant you to go to pan ROD erica ae F | Feund on Thesfay inorning by the night Watchman, mercury: don’t recollect the exact Ingredients, tb that suggestion made because It was 4 e lived ill two o'clock yesterday morging and . What quantity of arsenic is suflictent to pro- Aupposed tit you were In difleuliy? A. Yes, eit. Q, What pay did the other girls, died, From the evidence of three. witnesses ‘the | ange Weativ? A. Prom three, toQve eraines there And made by hin’ A. Yes, sir, dou't know certain; Mary Kelly rece Jury rendered @ verdict of death from injuries re- | are instances Where two and @ half grains caused Did you got A. No. sir, 4 THR FATAL DAY. ceived by an accidental fall. Mr. Johnson was Avusesused? Ay I refuagdy « Q. And what did he say about himself—what he would do? A. He said he and I could take care of the young children and put them to bed when it was time. CONFRONTING THE SEDUCER, Q. While you were at New Britain did yon accuse Mr. Watson, in the presence of your husband, of having seduced you? A. Yes, sir. Q, State what you said to him and what he said? A. T could not recollect Rey what I said; I told my husband about it; he said he was golng’ to put him through the law for it, and Watson begged for the sake of his wife and children not to do it. q. Did he make any promise then about leaving you alone? A. Yes, sir. Q. You and your husband left New Britain at that timef A, Yes. Q. How long after you got back to Brooklyn was fore Mr. Watson came? A. I don't recollect y—may be three or four months—perhaps two. Q. Did he call to see you after that? A. Yes, sir; he called to see me before I came from New Britain, Q. After you returned from New Britain did he renew his Intimacy with you? A. Yes, sir. Q. Under what ciroumstances ? A. HE THREATENED TO EXPOSE MB, and phreatened to tell my father and tell éverybody. Q/Was the subject of your relations with him a Matter of much thought and reflection on your part? A, Yes, sir; 1 was always thinking about it, Q. State whether or not you’ were in the habit of frequently weeping upon that subject? (Here there Was a pause, and every eye was strained to catch & limpse of the prisoner’s face. The crowd surged forward, and in the gallery men perched upon the shoulders of others to obtain & view.) Judge Tappen (finally)—Did I hear an objection ? (To witness) What eifect did it have on your mind ¥ Witness—I was always thinking about it, and I cried about it continually, Mr, Morris—Were you or were you not during this time anxious to Nave him cease his visits ? Wituness—Yes, sir. SHE WEEPS. At this point Mrs.*Hyde buried her face in her handkerchief and wept. Her father, stepmother and a number of lady friends who were seated in the centre of the room also wept. This spectacle Syn quite a sensation among the spectators for the time. Mrs. Hyde soon recovered, and District Attorney Britton commenced his cross-examination, Q. Did you leave the factory once or twice while you were there, after you commenced to work there? A. No, sir. Q. Mr. Backman was proprietor of the place by name? <A. Yes, sir; it was carried on in Backman’s hame. . Didn't Mr. Backman at one time, in the absence of Mr. Watson, discharge you from the factory? A. Lieft the shop; I worked at home. Q. Didn't he discharge you from work in the shop?’ A. He told me that Lcould work home. Q. Wasn't that at the time Mr. Watson was ab- sent? A. Yes, sir. Q. Didn't Mr. Watson remain absent some two or three weeks on that occasion? A. Yes, sir. Q. Is it afact that you had work from that shop during those two or three weeks? A. Yes, sir, & La work in the factory during that period? A. No, sir. @. Who did you get the work from? A. I believe it Was from Mr. Watson's father-In-law, Mr. Pixley, Q. After Mr. Backman had stated that he did not wish you to work inthe shop you got work from Pixley’ A. Yes, sir. Q. Continued to work right along? A. Yes, sir. isn’t ita fact that you did not get any more work Watson came back ¥ A. No, sir; it is not. . When was this to which you refer in these answers? A. It was before I was marricd and afterwards too, Q. I refer to the particular period when Mr. Wat- fon Was gone two or three weeks—in July, 1871. A. No, sir; it was the time I left home. * | Q Whenever it was—whatever the particular | date was—wasn’t there a time when Mr. Backman discharged you—that 1s, asked you to quit work- ing; that you didn’t work there any more until | Watson caine back, two or three weeks afterwards? A. Thad not been at work in the shop until two or three weeks before this happened since I left New Britain, Q. The question 1s whether there was a time after you left the factory that you didn't take any | work from the factory? A. No, sir. Q. When was the time to which you refer you left the factory? A. left when I came from New Britain. Q. Was that the time you refer to when Watson was absent’ A. No, sir. Q. The time 1 ask you was when yon left at Back- man’s suggestion, Watson being absenty A. It was in March. A 2 Before or after you went to New Britain? A, Befor pefore | was married, Q. On that occasion isn't it true that you didn’t get any work from the factory for two or three weeks? A. No, sir. Q. Did you go back to the factory again? A. No, ir. | si | Q The next place you worked for Mr. Watson was at New Britain? A, At the factory, yes sir, Q Who went to New Britain first, you or Wat- son? A. Mr. Watson. | Q. Who went first, you or your husband? A. My | husband. | Q. How long after Mr. Watson went there was it that you went? A, Mr Watson went in March, I | belieVe, and my husband went about the middle of April, and I went the latter part of April or the first part of May. Q. How long did you remain? A. To July. Q. With whom did you live? A. I boarded with Mrs. Woodhouse. All the time? A, Yes, sir. id Watson at any time board there? He did. BOARDING AT NEW BRITIAN, Vho commenced tirst to board 4 's, you or Mr, Watson’ A. 1 did. Q. Do "a, § " body's, Mr, Watson went to Woodhouse’s? ow, L suppose. rs Q. Do you know anything on that subject? No, Mrs. Wood- ‘t you know it to be a fact that your hus- Mrs. Woodhouse to have Watson come band as! there ¢ (). How long was it before you went there that Watson came there? A, Two or three weeks or a week. Q. While you were at Mrs, Woodhouse’s place did you all the time oceupy the same room? A, Yes, sir, «. Where was that room located in the house ? A. The back; it Was a two story house, and you had to go Up stairs to the room. q. How many rooms were there there? A, Three. | Q On that Noor? A. q. Who occupied the other two? A. Mr. Watson occupied one and another gentioman and Mra, Woodhouse’s son the ot! Q. Did t r gentieman and Woodhouse’s son occupy it all the ime? A. Yes, sir, Q. What was the other genUcman'’s name? A, | Stephen Roberts. Q. Was he a single or @ married man? A. A single man, | Q Was he there all the time you were? A. Yes, | sir, r, Q. You have said that you stated to Mr. Watson or stated im the preserice of your husband that Watson had improper associations with you. On that oceasion Was thew | coupie of men come from New York and work up there? A, Not that I know of. Q. Didn't you ask Mr. Watson to bring up a couple of meh from New York to have them work up there in the facte A. No, sir. Q. Isn't this the language you used when you made these, What you have designated, tions,” ha jiad me"? A. No, sir, ) What wasit? A. I told my husband how he followed me up and down. Q. Did you ever thail any one else of this inti- macy between you and Watson ¢ $0, 4 Q You had companions, didn't friends before you we: the girls in the shop and I never had a constant companion. Q. You had charge of the establishient—charge of the girls, then, before Mr. Watson's death’ A. Yes, sir at Was your compensation? A, L 9 Piao pave apy wordy ath Dh Watgon 90 | recollect the time you went to Washing- ¥e - ‘ou know at whose solicitation, if any- | A. His | ny talk about having a | nothing to say about it, for you | ~ the day of his death, in the forenoon, in the neigh- borhood of eleven o'clock, in the room? A. J Lad wanes Re iim in the mornt Vers against you on 6 Q he make want acca AK Lc always uccusing me of i Did he then? A, Yes, sir, Did he likewise accuse you of being with some = When you were down stairs that forenoour A. sir. iy Did you have any words with him beyond that on that occasion’ A. No, sir, Q. What time of day was that and where? A. It . At Mrs. Shea's? A, ee ahi Was in the morning; 1 could not state exactly what . Did Mr. Watson say wing you on the | time; it was in the shop, subject of your getting married ¢ ‘es, sir. Q. it was after you had been down stairs and Q. Was anything said by him as to whether, if | came back again’ “A. Yes, sir, Q. And in the shop the noise of the machinery would naturally prevent the language being heard by others ifyou talkedy A, Yes, unless you talked very loud, Q What was the last occasion before Watson's death that you were intimate with him? A, Mon- day night (Watson was killed on a Friday). Ca Did you have improper — intimacy with Roberts while you were in New britain’ A. No, sir; 1 did not, Q. Did you go to his room while you were there, in the night, trom Watson’s or Hyde’s? A. No, sr. THE RE-DIRECT EXAMINATION. Mr. Morris—Q. Your husband was tiere all the whule? A, Yes, sir. Q. When you went into the room up stairs (in the Williamsburgh factory) and spoke to your mother, at the time Mrs, Gleason speaks about, what did you say? Objected to and adinitted, Witness—I asked her if 1 could go into the private room. Q. The plumbers were there at the time? A. Yes, THE FATAL WEAPON. Q. What was the object in purchasing this pistol ? A. 1 bought it—— Mr. Britton objected, Question admitted, Mr. Morris—You say you purchased 1 to make a present of it to your husband? A, Yes, wir; there had been two oF three burglaries around there and my husband thought he would like to have a pistol; the witness eXplained that she did not purchase the weapon belore New Year's as she had to pay her rent and could not spare the money; when she took the pistol from her bureau drawer that morn- ing she had no intention of shooting anybody; she left the factory room about a quarter to twelve o’clock that morning and met Watson at the top of the stairs, and when she got on the top of the stairs he seized her in a very indecent man- ner; he wanted her to go to a rooin outside some- where; he said that she should go with him. Q. At that time you had the pistol in your hand? A. Yes, sir. THE ASSAULT. Q. Did you take any amy A. No, sir, q. Did you kuow how you shot? ‘A. I did not. q When he seized hold of you did you try to break loose from him? A. Yes, sir; We liud quite 4 | struggle; he seized me a second time. Q. alter this was done you didn’t make any at- tempt to get away tA. 1 don’t recollect. Witness then narrated how Watson followed her down to Sunday school, and how he used to give her medicines, On the recross-examination the prisoner said that during the time her husband was paying attentions to her, before marriage, she was inumate with Watson. Mr. Britton—On the morning of the occurrence, fat the time he accused you of being with other par- Ues, Who did he specily¢ A, Mr. Potts; no one eise. Q: Did he call you any numes? A, He sald I was nothing but @ prostitute and should go with him, 4. Belore you went out in the hally A, He sald I had been with other men and could go with hin, Q. How did you happen to have that pistol with you that day?” A, He had abused me all the day be- Tore, and | took it to frighten him; 1 knew it was loaded; there was one charge in it; Lam not aware that my husband fired off some shots out of it after Watson was killed, Q. How many times did you shoot on that ac- casiony A. Only once to my knowlege. Q. Where did you carry it? A. In my bosom. Q. Was it cocked when you had it in your bosom ¢ A. Not that | am aware of Q. While this conversation was going on between pay ane Watson this pistol was in your bosom A. es, sir, Q. Was it immediately after the use of this lan- fuage that you shot the pistol’ A. 1 don’t recol- lect when and how I shot it. SHK DID NOT INTEND TO SHOOT WATSON, Q. Did you intend to shoot Watson on that occa- sion? A. No, sir. Q. Did you intend to hit him? A. No, sir; 1 didn’t take aim, ha Was it your purpose to shoot him? <A. It was no Q. What did you cock the pistol for? A. I don’t recollect cocking it. Q. You don’t recollect shooting atall? A. No, sir. Q. You mean to say that you have no recollection that you shot hima at ally A. I don’t know how I done it; I have no recollection of firing the pistol, nor how it went off. Q. When did you first recollect anything after that? A, I could not say how long it was; 1 was in the shop. Q. You were considerably excited? A. I don’t know that I was; I next saw the pistol at the sta- tion house, where she saw her husband give it to Captain Woglom; I did not know how he got it, as she had no recollection who she gave it to. The witness continued at some further length, assert- ing that she did not recollect. shooting Watson and narrating the wrongs received at his hands. In reply to questions of Mr. Britton the witness said she had not talked with her brother about this matter; she did not know ypene he now was, Whether he had left the city or not. Mr. Morris said he would be on hand when Mr. Britton desired hit y Mr. Britton retorted that he hi Aven wanting ay Wanted to him for two montis. Mr. Morris was ready apy time try him. AN UNFOUNDED CHARGE. A Respectable and Wealthy German Lady Arrested as a Pickpocket—The Charge Peremptorily Dismissed. Mrs. Emma Reiner is a most respectable German lady, a resident of Springfield, I, where her hus- band, a wealthy gentleman, keeps @ very select hotel. Mrs. Reiner came to this city on a visit, in company with @ stupid-looking Tuetonic maiden named Baer. Previqus to coming to this city they travelled together from Springtield to Chicago, and subsequently from the former place to this city. During the trip Mrs. Reiner treated her companion with ail imaginable Kindness, paying many ex- penses incidental to the journey and in many other ways showing consideration and regard for the | complainant. Both ladies went to the house of compininant’s uncle in West Forty-ninth street, It must be stated that WHILE MISS BAER WAS IN SPRINGFIELD the prisoner took charge of all her valuables and money, Which were duly returned, Mpg, Reiner’s purpose in coming to New York Was to take pas- | sage for Europe, she having purchased @ passage by the steamer which is announced to leave this port to-day. On the 13th of tie present month the | two ladies, with a young la cousin of com- | plainant, went to see the circus at the old Empire | Rink and remained there until about ten o'clock | the same evening. While on the way home com- plainant THOUGHT SHE FELT AIAN | in her pocket, and imunediately after (Sovered her pocket! book, containing $74 in greenhacks, was missing. Complainant told her cousin that she im- agined she felt Mrs. Retner’s hand in pocket, and she suspected it was she who took the money. | Nothing was said further until two days after, when | Mrs, Reiner was arrested, charged with the theft. reat crowd at the riak ou the night of asatonce retained by @ friend of Mrs. Reiner’s, who was very indignant @t the HUMILIATING SIPUATION in which she was placed, and the counsellor at once had the papers placed before the Grand Jury for immediate action, as Justice demanded that a prompt investigation should be had im order to clear the defendant from the infamous aspersion cast upon her hi atrocity preterred by the sone au The case ne up for trial at the General 5 vfore Judge Guaning 8. Bed- ford, yesterda: Mr. Howe 7 uusly de- rveely vented lig DIGNATION at the dastardly charge made against lady, who moved in high social circles in Sp) ‘There ‘was not the least doubt but what t was a miost aggravating one and totally unjust and an insult to the lady who was compelled @ appear as defendant, Mrs, Reiner was placed on the stand, and had spoken but a few words when Judge bediord, with that acute perception which forms A DISTINGUISI TRAIT in his character, at once saw the absutdity of the | charge and informed the jury they jst acquit. Reiner was escorted from the Cour by quite a urse of sympathizing strangers, een pe ae: MENTAL HALLUCINATION: Fearfal Fall from a Hote) Window. Rarly yesterday morning Coroner ng was cd to the Gilsey House, Twenty-ninth street and | Broadway, to hold an inquest on the i of Mr. fended the accused, and | Thomas 6. Johnson, « patron of the hotel, who had died from the effects of injuries, Mr. Jaliason, who w riialy paralyzed, and whose mipd seemed | what Impaired, arrived in the from his home tn North Haven, Connecticut, rly two | Weeks ago, in search of medical aid, but under the treatment received he seemed to ve in neither body nor mind, He had m mental hallucinations, and was always desirous ascend- ing to great heights, thinking tia’ by 80 doing he could fy, Some one remained in his room unul Monday night, when he objected so strongly that he was left aléne. Mr, Johnson iinproved the opportunity presented, and rither fell or Jumped from the window of the fifth | story Of his room toa roof below, where he was ~ wa NEW YORK HERLAD, THURSDAY, APRIL 18, 1872—QUADRUPLE SHEE LYDIA SHERMAN. vw The Prisoner Before the New Haven Court. THE JUDGE'S LEGAL VOCABULARY. Dr. Beardsley Testifies Touching the Death of Sherman. YOUNG HORATIO’S STATEMENT Dr. Pinney Saw that Lydia’s Hus- band Had Taken Arsenic. THE PLOT THICKENS. New Haven, April 17, 1872. At half-past nine the Court was opened, and all the witnesses were in attendance. The prisoner was soon after brought in by Sheriff Scott, who gave her a seat between her counsel at the table. She was dressed the same as on the previous day, and was accompanied by her brother, Mr. Dan- bury, her brother-in-law, Mr. Nafey, and Mrs, Nafey, her sister, who sat by her yesterday. John Struck, her son by the New York policeman, who is an oyster dealer in Boston, appeared in the court room, and, taking a seat a little in rear of her, watched the proceedings closely. Judge Sandford gave his decision upon the points of law raised yesterday, whether the evidence of. the poisoning of Sherman's chil- dren and Hurlburt could be admitted, and it was adverse to the claims of the State. The Court said:— My own very strong conviction, after a careful consideration of the srgreman te for and against the introduction of the testimony and an examination of the authorities, is that this testimony which the State now proposes to offer is not admissible for the purpose for which it is offered, I suppose there is no principle of law better established than that that you cannot introduce evidence of previous crime for the purpose of showing that the ringer is guilty of another distinct crime. It is rue there are perhaps strong moral reasons in favor of the admission of it; but this is not the kind of evidence upon which we are to try the case. It must be upon legal evidence that a prisoner must be acquitted or convicted. There is no principleof law, so far as I can discover, which permits the introduction of such testimony. I 18 CLAIMED FOR THESE REASONS. First—To show criminal intent. Second—That she had within her control the means with which to poison her victim. It seems to me that this does not amount to evidence, The fact that she had under her control a iT AZO poison does not show she had it under her control yesterday. Third—It 1s claimed that she had the knowledge of the properties of the arsenic. It is not necessary for the State to show that she had knowledge of the character of the poison. It seems to me that it all comes to this, that it is for the purpose of showing that the prisoner, who would commit such a crime as this, would commit the other, and, therefore, the jury would be influenced in their verdict, The admission of the evidence is contrary to every known principle of law, and, therefore, we cannot admit it in this stage of the proceed- ings; but questions may he raised hereafter that will permit it to be put in, Judge Parks said he fully concurred in the opin-- ion of his learned associate, and elaborately cited rulings on the points raised. The State conse- quently abandoned the evidence and confined their inquiries to the death of Sherman, The following is a continuation of the evidence for the prosecution :— DR. BEARDSLEY’S TESTIMONY. Dr. Ambrose Beardsley, family physician, re- called—In my testimony yesterday, where I spoke of the constriction of the throat, I meant to say it produced a whisper, or, in other words, he lost his voice; this was on Wednesday evening; he con- stantly complained of it and appeared to be choking. Q. Did he take anything other than sling by way of nourishment? A. He took tea, bread, water and thin gruel; the effect on the stomach was very bland. Q. In any of these, if arsenic were mixed, would it be perceived by the patienty A, 1t would not in an ordinary poisonous dose. Q. Was Sherman able to sit up at any time after ou called? A. He was not; he was Tce vom the first; I did not see him out of a reeum- bone Realtion ; he max have attomptod to sit up. Q. What was he physically? A. A man of fine ph; ‘Ta and enduring constitution, very little im- paired by his habits, and should say a strong, mus- cular man, Q. How old? A. About forty-five or forty-six; I cannot tell exactly. Q. What was the condition of his mind during his iliness? A. During the whole of it remarkably clear and collected; I could not see that it wan- pate at any time, not even in a state of dissolu- tion. Q. What were his habits? A, He used to have spells of drinking to excess in the last few years; except his drinking | know of nothing to affect his constitution, Q. How frequent! tomy knowledge out it. & What were his er se A. Rather jovial; Inever saw him despondent except when under the influence of liquor, Q. How did despondency manifest itself? A, By pelng embarrassed, and in financial matters I be- eve. ete the spells? A. Not often, 3 he would go for months with- CROSS-EXAMINED BY MR. WATROUS. . By his embarrassed condition? A, Yes; he talked about it a great deal. Q. You were sent for to go there on Tnesday—hy whom? A. I think his son came after me; the order was on the '§ son Was looking for , as his father was very sick. met by Mrs. Sherman? She appeared gratified at your coming? A, we had a talk together; don’t recolicct her Hubbard was there or not; my impression is he was not; it was at the time of the first visit I saw the contents of the stomach in a bowl; it was on a chair between the bed and the wall; think my attention was not called to the contents; Mrs. Shermen said he had been vomiting nearly all night. Q. Did she not be | she had saved it-to let you see the horrible stuff that came off his stomach? A, She may have said 80, but I do not recollect its i was not horrible stuff; it was healthy bile more than vitlated bile; she may have said she had saved the bile; [think she did, but { will not be positive, ). How long had itbeen o1f his stomach? A. He’ hed Just finished vomiting as 1 entered, I wax Old. Q. Was there another time when your attention” was called to the eharacter of the voiniting by le Sherman or some one cise? A, 1 don’t, recollect. Q. Mrs. Sherman may have done so? A, She may have done 80, . You testified in this case before the Magistrate in Birmingham? A. I did. . Did you there attempt to give a history of his sickness and what passed during it? A, T did, & When, after your first visit to the bedside, you had an interview with her and asked why she gave him money to go on the sprees what did she say * A. “Ehave already had trouble; he has spent from $1,200 to $1,500 of my money; I have tried but can’t contro! him.’ Q. Did you state that before the magistrate?) A. 1 did not, Q. How long after hisdeath did you testify before the magistrate? Was it a little less than two months? A. Yes. Q. How long is it nowsince bis death? A. Nearly ayear: he died May 12fof last year, . Did you tell Mrs. Sherman that yon was going to tell him he could not have many more without being taken off? A. I have some faint recollection of something of the kind; [intimated to her that T would speak to Sherman before he re- covered: we very often tell people that they will be taken of when We do not mean it; his habits were bad; Ido not recollect that I made her a promise to talk with him on the subject. Q. Did she not say at that interview that he hi 0; de by es, at not been on that spree with her money? A. do not recollect that such declaration was mac her. Q. You was there ng | y sometimes twice a da, day at two o'clock P. M, I would return early in the evening of that day, but did not get aronnd early, although somebody came for me. Q. Mrs. Sherman was attentive and devoted to his welfare, was she not? A. As far as I could see she was. Q. Did yon prescribe tea, bread, water and gruel ? A, She asked ime ifa little tea would burt him; I ordered bread water and gruel and either pfe- scribed or concurred In the use of tea, You first prescribed morphing &nd blue pill? during his fliness? A, : I promised her Tues- A. Yes. Q. What els¢ during his illness? A, A weak 80- Intion of ipecac with an aromatic to allay purging; the purgative pill was mostly aloes and rhubarb and one grain of the extract of mandrake; the blue pill is mostly mercury, it isa mild form of | DESY PAY Acorn OF mee BUY BAYS Of COMBES HONS, \ A. It is the essendppinm ; I gave him also bine moss. What is bine |? A, It is blue pill. These are all] prescribed—mornhine, bine pecacuana, brgad, water aud tea? A. es, Ar, ° Q Arsenic is noqumulative poison, Is it? A. In some cases it : Q. If a person ient to prodnee do you Bay it woul nantity one week, insufti- another dose a week later, duce death? A. Ido not; arsenic, if rubbed the surface of the body, will find its way to the } and stomach; it will also tind its way there ified in the air. Q Are there not § of poisoning caused by per- sons sleeping in rodapered with green paper? A, There are cases fre they have been ailected, but not killed. Q. Have ersons | been poisoned from eating colored con! ctionerA. I am not aware of cases. Q. Does arsenic erfnto the coloring of confec- tonery and toys? ds, Q. What did you njwhen you asked Sherman if he had not been ti something? A. I wanted to get at the caushursday morning I had my suspicions that he mj have swallowed something deleterious and destjve to life. Prisoner here prong counsel. q. You say there W lull on Thursday morning in the symptoms; dich attribute jit to the medi- cine? A, I did—at le} hoped it had. Q. Is it not commojcases of arsenacle poison that the symptoms |-tuate—that they are more severe at one time thpnother? A. Yes. Q. So that it is not essary to repeat the doses: to cause these fluctugs? A, It is not necessary to repeat them, Q. Mrs. Sherman mjno objection to the post- mortem? A. Not as parn; I was informed she Senay assented, Q. Where was the when the post-morte! from death until Saturday s held? A. It was in the front room where he 4; after that I do not know where it was or in wit charge; 1 took no part in making the incisions jt 1 assisted it tying 1t and packing it. Q. Did you examine? cloth (wrapper) around the stomach to see if fe was anything on it yA. Idid not; but had th been 1 would have ob- served it} I first saw thwrapper in the room; Dr. Pinney brought the clj there I understood., Q. Did you examiner jar in which the stomach was put, with a viewsee if it was clean? A. I did, | s Q. With a view of sag if it was clean ? A. Yes, Q. Was there a tingpf green in the jar? A. I don’t recollect; thinkiwas not. = Q. Did you see the jwashed? A. No. 5 Q. And you never hithe custody of it? A, No, si ir. Witness was here 4ss-examined at length as to how the liver was #ked after its removal from the body. | y 2 Q. Had you the custy of the box at any time ? A. No, sir; not after it the room; what became of, it after Dr. Pinnepok it away I know not, “TESTIMONY OF JRATIO SHERMAN, JR. Horatio N. Shermarr., sworn—I am twenty-one years old; reside infoouton, N. J.; have lived there since 26th of ladfay, and previously lived in Birmingham; J am a h of Horatio N, Sherman; resided with my fathl in Birmingham up to the time of his death; mytier, brother, sister, myself and prisoner and theprvant girl were the occu- of the hous ner Was taken sick on Mon- vening before death; he left home on sday, the secoj Week previous, and did not return until Friday | the week before that on which he died, BO he was absent one week and two fiays; While father was in New Haven I 0 not know where he was; ent on the day he returnf I told the prisoner I thou Thad better look forather; she said it was us as I might not findim when I got to New Hav Thad to urge her s¢eral times before she wou © me the mong to come to New Haven; she ully gave me theoney and T came down on the train; came tthe Park House to find him; did not find him; foceeded to the depot; stood there some tine 'f it was raining; walked toward the west end ofth¢depot, and while loo out of the door he ap! ajother gentleman came along; I took him oneside snd asked where he had becn; walked aroun with him. till half-past four or five P. M.; wen to the Park House, leaving the horse and cavriage at the depot; he had a horse and wagon hergal! the time he was In the elt: We went home in thyevening, arriving at the Union House, Derby, aboit ten minutes past seven; he got out of the wagovand entered the hotel; he refused to go home wisi me right away; [left him and started for howe; he took dinner with me on the day of his returnin this city; he was berteoty sober On that day; yhen I arrived home I asked the prisoner if he had bien home ; she said he came about nine o'clock that wight, or an hour before I arrived; I had been/home to supper after leaving father, and had jgone out and remained down town until abowt ten; when Lreturned home the prisoner told me ie was in bed; father remained in the house on Saturday and did not go to lis work during the day} 1 think I saw him at his meals that day, but am not positive ; he seemed to have as good an appe- tite as usual on Friday; on Sunday he remained home until after three P. M., when we dined; I saw nothing unusual in his manner that day; on Mon- day he was at work; his business was a tackmaker (tending machines and keeping the machines in re- pair); he was in the empjoy of EB. L. Shelton, is manner that day; 1 took breakfast on Monday moi at efore he got up; went down to the factory and he came down after- wards; the machines not being running I left the factory, went up town and returned to the factory about eleven o'clock; he asked me to GO UP AND TELL LYDIA (the prisoner) to send down his dinner; went to the house and told prisoner that father wanted his dinner sent down; { ate my dinner, and she and I repared tig Mer} rept up the shad and pre} nt pi an handed It to ner, and s the rest of the was nothing unusual in he had eaten all but two or three Crullers; that he would eat by and bye; I remained about the vil- lage till supper time; partook of supper and went out, without seeing him, as he was not yet home; at that time prisoner, my brother and tlie girl were present; don’t know who proposed the Sypper s next saw him about half-past seven that everling at T inquired of prisoner if he was in, and she told me he was sick, that he had been vomiting; I went to the door and spoke to him, and he also told me he had been vomiting; I satd no more, but went to bed; next morning (Tuesday) he requested me to go for the doctor; this was betweep seven and eight; I went for Dr. Beardsley, who was absent, but I found him at the drug store, and told him my father wanted him to come tothe house; I did not return until dinner time; I then inquired how he felt, and he replied “very bad; I then returned down street, and did not go home until sunrer time; that evening and also the next morning i Wednes- spoke and on Bea he was not quested me to go after Dr, rasley 5. " ' th, women that he had in; Treturned and told bo left; old Mrs, Sherman REQUESTED ME TO CALL DR, PINNEY as soon as possible; 1 found him absent and re- turned and Koper to them that I had left orders for him (Pinney) to come the moment he sickness, and he replied that he was, avery sick man, but Ido notremember that he ted the cause of the iliness; Friday morning he di . Who had the care him?) mn nad sole care of him in that ea i noon, when Mrs. Shermat mot OS andatier thet who? A. ‘They both assistea had any before; his father did not sleep with his mother, owing to some tr ; Witness did not Know when they were married, er LOUISIANA JOCKEY CLUB. Third Day of the Inaugura~ tion Meeting. LOVELY WEATHER AND FINE TRACK. Grand Attendance and Exciting Contests. Saucebox the Winner of the Two-Mile Dash and Morlacchi the Heats of Three Miles. New ORLEANS, April 17, 1872. If there were any doubt that the people of this: vicinity are enthusiastic in the matter of the amusement of racing, it must have been sum marily dispelled yesterday, when the lead- ing members of the Louisiana Jockey Club proposed and carried into effect the pur- pose of having an international race of four-mile heats on their track next spring. This: suggestion had only been made an hour before the responses were such that $10,000 out of the $20,000: agreed upon to be the stake was subscribed, and to- day that sum has been greatly augmented. Seldom do racing meetings in this country call forth such assemblages of beauty and fashion as have been present at the last three days’ event over the Jockey Club course, and many who witness the contests involuntarily refer to the times when Lecomte and Lexington ran their four-mile heats in this city, and Lexington achieved his remarkable victory against time, seventeen years ago, The same joyousness and hilarity, say they, are now visible as then, and certainly none of the horses that have recently been winners but. have received the plaudits of thousands who have been breathless with excitement until the contest was over and the victors known. To-day, as with the first and second days of the meeting, there were great crowds in attendance, and the weather was of the most delightful nature. DASH OF TWO MILES. ‘The sport commenced with a dash of two miles, for all ages, for a purse of $1,000, $750 to go to the first horse and $250 to the second horse. Six horses started for the prizes. These were A. ©. Franklin’s bay filly Arizona, by Lexington, dam Zone; G. W. Stewart's chestnut horse Barney Williams, by Lex- ington, dam Volga; D. Swigert’s bay horse Pilgrim, by Lexington, dam Cairn Gorme; W. T. Campbell's brown colt Nathan Oaks, by Bonnie Scotland, dam Sallie, by Lexington; W. Cottrill’s chestnut filly Saucebox, by Star Davis, dam &§ edaddie, and M. HH. Sandford’s bay mare Niagara, by Lexington, dam Bay Leaf, Saucedox had the call in the pool sales, and in some instances she was wagered against the field. She won a capital race. Niagara pulled up lame, and this Will likely be her last ap~ pearance on the turf, «ne SAE WINNER. Sancebox is a chestnut filly, by Star Davis, dam Skedaddie, by imported Yorkshire. She is beauti- fully formed, and at all times was considered a for- midable competitor, but-has been unlucky. Sauce- box was bred by Mr, John M. Clay and sold to Mr. Cottrill for $700. In the spring meeting at the Magnolia Course last year she ran fourth in the mile dash, and in the Monmouth Oaks Stakes at Long Branch, July 6, she was in the same place at the nish for three.year-old fillies, one mile and @ half. In the August meeting at the latter course she ran in the Continental Hotel Stakes second in the mile heats to General Buford’s Sulina, now owned by Mr. Sanford. The following day she ob- tained fourth place in the West End Hotel Stakes, two miles, nate beaten by Wine Sop, Mary Clark and Neilié Ransom. She was then taken South, and in the sweepstakes for three-year-olds, mile heats, at the Fall Meeting of the Kentucky Associa- tion, at Lexington, she proved the winner in three heats, scoring the second and third after being beaten the first by Hollywood. At Memphis, in Oc- tober, she appeared in the Gayoso Stake, mile heats, and ‘after Winning the first heat, in 1:46%, o1 la v ul , nel. in jetairi for the purpose of grinding his tools; there She ran fourth infthe Bingamin Stake, two miles, for four-year-olds, but on the third day of that mecting she scored a splendid victory in the mile heats race, losing the first heat, but bei the second and third in style. On the first day of the present meeting she ran in the Grand Inaugural Post Stake, two mile heats, but was beaten by three or four, The fature of Saucebox, tt is fair to pre- sume, Will be more fortunate than the past. THE RACE. Nathan Ouks was first awny, Nit second, Barney Williams third, Arizona fow Saucebox fifth and Pilgrim sixth, They ran in this way meal, which was put up in a emo t;, I | around the turn, but as they came to the quarter Fa ROW ER Witt | pole Nathan Oaks was half a length im front of Barney Williams, the latter being two lengths ahead’ of Arizona, who was a length in advance of Niagara, Saucebox and Pilgrim ee up the rear. As they passed the half-mile pole Nathan Oaks still ied, being aneck in front of Barney; Niagara third, Pilgrim fourth, Arizona fifth and Saucebox sixth. Going around the lower turn Barney Williams showed in front and led by a neck the drug store, on the corner, where there was an aatretel y outdoor auction; he was reclining against the box ond, HO grt ened, fenetne: snr, Ns. Org res he ned Aim antit t got | £ara fith and Arizona sixth, Around the upper home, about nine o'clock. im the evening; | two Nathan Oaks again got in front, and there Was a general quick movement among them all— Sancebox began closing up, and Niagara fell in the rear, being palpably lame. At the quarter pole Nathan Oaks led one length, Barney second, Pil- grim third, Saucebox fourth, Arizona and Niagara. out of the race. Down the backstretch Barney Williams began to cry “enough,” and Saucebox and Pilgrim took sides with him. As the horses ran around the lower turn Saucebox took the lead, and the matter was no longer in doubt, as she had all the others whipped. Nathan Oaks struggled hard to the end, and was beaten by only a neck; but he could have been beaten a great deal more had Saucebox been urged. Pilgrim was , a good third, Arizona fourth, Barney Williams fifth day I stayed — ve close at home; I ‘41. Rorgtai de amet ane av Ks sib on Tourad ne [pdfs pete pied Fras Af ROMS SS Tee oe ee hi New ORvEANS, LA.—INAUGUATION MEETING OF his mother (Mrs. Sherman) and the mer ataMa Je ral (Lydia) told me he had had a spasms they both re. | THE Lovisiaxa Joociy CLUBS finn Day. April b purse of $1,000, dash of two miles, foy all ages; $750 to first horse and $250 to second horse, W, Cottrill entered ch. f. Saucebox, 4 years old, by Star Davis, dam Skedaddie Rev oien u . Campbell entered br. c. rs Old, by Bonnie Scotland, titan” Gai |, dam Sallie, came back; Dr. Pinney came about dusk to the odd house; think Beardsley had been before; the | 2. Swigert eases Doty Esprit, by prisoner and the servant were there kitchen; Been ‘entered b. f, Arizona, 4 years 01d, oid Mrs, Sherman asked Dr, Pinney the cause of his ¥ aay h ay 1 by Lexington, dam imp. Zone.............0066 G, W. Stewart entered ch. h. Barney Williams, 6 years, by eeacicn, Gam Volga... 06. eeeeeereee B M.Ii. Sanford entered b, m. Niagara, 6 years old, by Lexington, dam Bay Leaf..........ccceeneeee 6 Time, 3:41, HRATS OF THREE MILES, ' The second race was three mile heats, for all in his care, e ages, for a purse of $2,000; $1,500 to the first vr com, . C, ~ ‘A recess was then t taken two o'clock. Lin's chestnut mare Glenrose, eubtinathn, tan is ey p sE. rrison’ uv The cross-exatination of young Sherman was | by" Vigntning, dam by Knignt oF she ora . begun this afternoon. He testified that his father’s | pancock’s bay horse Conductor, ‘by Australian, spasms were very unusnal, had never | jam Nettle Viley: Itlee & MeCofmack’s chestnut colt Wanderer, dam by 4 aint; Bacon & ‘Honana’s ay ‘mare ane ‘Dong. as, by ee 8 5 dam Banner, dam by DR. PINNEY’S ST, ok Dre Pinney was next calied. attended the de- brow Te oaRATNe bin ie by ceased on Thursday night; found him-sateting with | Texington, dam. Brittania, z all the symptoms of arsenical igttere | was'the favorite in the pool were vomiting, — purging, — pecul thing | second choices, the others selling’ fund huskiness of ote mania Up. mae case: ‘about vee. Morlacehi won a capital Madame Hat decease poison preseription of sub-nitrate of ‘bismuth, to PRHAE SRP ROane WINNER. allay pain; thou nt there should be a Tutte 4 Moflacchi is a handsome brown mate, five years examination; Mrs. ra Pat oy 3 ane he di ol, by haxington, dam Banner, She was beaten in: not know that he fool ut th 4 el fort the a three-quarter of a mile dash at the Spring Meet- and took them to New Haven; he told ese ing of the Metairie course last year, ranning second post-mortem showed inflammation oy boned to Billy Williamson, but on the following da: hid ote CMe eed substanth he same | won the mile heats, after being heaten ‘thy as Dr. Bearisley’s yesterday. 1 q Di 'shelton wil be examined to-amotrow. Fe Ls eUNeerE tate tke Gewle, Rene ran at Lexington ia the mile dash, Septem ber. 40 but was beaten, and on the 16th of the same "Ub are out for the arrest of the mens the Trenton division of the Railroad, near Prinegion Ju , yesterday after. noon, when hé Was struck the locomotive of a passenger train and instantly killed, A huckster named James Watson, who was a resident of Newtown, Pa., was driving in his wagon across the track of the same railroad, near Bristol station, when a train dashed by, Watson was thrown out with great violence and fell on his nosy Sania Central I oy Wat Was the sommpgition of fhe morpuyne 7 J head. ‘He expired after afew minutes. The horge MPa and Bae broken RAILROAD SLAUGHTER IN JERSEY, An unknown man was walking on the “pao, of w ‘THE RACE. o we ree very fair one, the horses potting away on pre Rac terms, Glenroge leading, Con- duetor second, Nannie Douglas third, Tom Corbett. fourth, Morlacchi fifth, Wanderer sixth and Madame DPadiey seventh. They ran in this order around the upper turn, but as they passed into the backstretch Nannie Douglas showed the way, Glenrose second, Tom Corbett third, Condnetor fourth, Morlacchi fifth, Wanderer sixth and Madame Dudley seventh. There was no change of place on the backstretch noren the lower turn, and as the came up the homestretch and p: under tl string Nannie Douglas led a neck, Tor te kecond, Glenrose third, Conductor fourth, one Madame pomey sixth, and Wanderer se" . ere Was ho change around the upper turn m Hows WG backairetch, exces, doxbekd RESCUING PRISONERS FROM WARD'S ISLAND. she suffered ¢ eae aurain in the alte hea Genoa nye tion Purse running secon ain cy On last Sunday OMcer Timothy O'Connell, of the | pr "the fall meeting of Jerome ‘9 sotton, and Long Island City Police, discoveted James Douglas | fourth "9 pd sie a and ‘shree-quat a and Timothy Trainor in the act of Tescuing two ed Gansett, Finense ayy. + elt Daten Oe female prisoners, Mary Ann and Catherine | Metaltie Meeting just pase,stdge Durell. Atitho * Kelly, from Ward's Island. Wi until the beaten in the elul MUNG econd , she was. | reached the opposite shore, the er took chw quarter On the ff ra ages, one mile and of the four and carried them before ® mi a fented ones in the Ce" isolate si Bey among the de- ‘The two men were discharged for want of jul marter, Which ar 4 “wig ro se, one mile and tion, but the women were sent to this pe day © the ais the case when she ran were recommitted back to Ward's Island ye | purse 9 AMA r & mile present meeting in the club- at the Yorkville Court, by Justice Hogan. Wi gin f 2