The New York herald. [volume], June 30, 1854, MORNING EDITION, Image 3

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F On tUtm- ^?rumniiiii.
"ORTLUf?, Me., Jane 14,1964.
liiM Potitiee?^he 7Vm Democratic State Con
tentions mnt> their Action?The Nomination of
Mr. JMorr*l, of Mr. Cory, of Mr. PurrU?Ptcu
imritUt of the Three Factions?Courage of the
Bo/Urs and Cotoardice of the Regulars?Motives
br the Nomination of Mr. Parrit? Congressional
Election*? Whig Convention?Free Soil Con
tention, ft.
low that the several convention* of our demo
ttic party have it last been held, and have nomi
led their several candidates for Governor, I
re concluded to give jon some account of the
idition of Maine politioe, which have been get
I into a worse and worse state ever since the
i-liquor-selling law was passed, though it is mora
m probable that some other cause of offence or
Idling-block would have been found if Provi
??e and the fate* had not bountifully provided
with a brandy cask and a ram puncheon. There
re difficulties in the democratic party of Maine so
?ly $s the year 1843, but they were eleverly got
ir or under, without breeding any great troubles
kt were visible. The leaders, to do them justice,
careful to keep these troubles to themselves,
I m they did the offices. However, the time
at when nothing could prevent an outbreak, and
ikows how deep-seated was the evil, that the
t open movement, for almost ten years, was
<Je in 1862, jutt on the eve of a Presidential
ction, when there was every possible mo
e for men to smother their wrath. To
?are, there were those who said at the
? that the Presidential election had mors to
with the bolting movement at that time than
r other cause. It was, they said, to get a party
ftshould have a peculiar claim on the Presiden
trie BpoiiH that the Chandler men drew off from
ir old associates?but they certainly did not do
ch by the operation, which turned out to be any
?g but a paying business. The moderates, or
Is, got quite as much as the intractable*, or
ds. Bome cf the latter were well provided for,
as they considered themselves robbed to the
amount as was given to their rivals, they
t naturally took deep offence at such ingratitude
^1P? ,of^eJOWOT at Washington. Bome
?? that the President thought it a peculiar
Ms good offices?literally good "offices"?thai
ndef?*tmr8Ued * C0ur8e that mi?ht bftve ^d to
["bei intermediate facts you are acquainted with:
?Hhst the softa bolted in 1863, in imitation of
> hards of 1862; how that the whigB triumphed
tonsequence, and that Mr. Fessenden was chosen
?tor last winter, because of the renewal of the
?tion discussions growing out of the Nebraska
istion. Since hopes were entertained by the
aerate portion of the democratic party that, the
tatorship having been disposed of, a new union
rnt be formed, and victory once more be restored
?their banners. These hopes proved to be mere
fcwons. The party is now split into three pieces,
H ttiere is no saying how much more of it will be
ten from the regular portion in consequence of
I feeling created by the repeal of the Missouri
ptpromise.
?be flret of these parties, taking them in the
?er of time in which their conventions have been
Id, is the Morrill section, formerly known as ratn
K from their stiff temperance principles, or
lolly heads, from their sympathizing with aboli
fusts and slaves. The membere of this faction
r belonged to the Legislarure, had a meeting last
I called a convention, which met here on
1June' nominated Mr. Morrill for Gover
|. This convention was well attended, and struck
toy observers of its proceedings as being more
Kj temperance and free soil body than one of the
I lashioned democratic character. The resolves
lipted were decided in their views on temperance
B Nebraska, and Mr. Morrill, who had been unan
?"?"*?6, was very emphatic, when ac
ting the honor conferred upon him, in ng his
pslavery views. He considered the Nebraska
puon as the great question of the day, and as pa
K3# t? aU otters. He was enthusiastically ap
EiTrZS? ?e^us Bpoke' which shows how the
Mis setting in this quarter. This section of the !
U?5*ST PerB?naUy speaking, the most respcct
I vfjf a5 ?u?b?rs ? best informed men of
I Kyl SS5 democrats, or most of them, as
le got religion" belong to it; and few of its
I ibers ever crook their elbows. It may be con.
I ledl as slightly Puritanical. The more saline
I b leaders reckon their followers at twenty thou
I 22?2".^? the* rea,'ynumber
222 ^t?e" However, it will, most
bo possible to say what will be the pre
|s number of democrats *ho shall support Mr.
not Without rea
Ei;? ' j free Boilers, the more
ilitionized whigs, and all the ultras on every sub
I?. *ot? f?r him, and under such oiroumitaacwi
would be found a difficult task Indeed to separate
? faction into various parts. Political analysis
Ihese days, is the most d.fficult task which a man
? undertake. .
?"he sccond democratic convention met here on
I.1''"1? Jane. It was composed of the repre
?tatives of the democratic opponents of the Maine
I;. nkMrtv contains all the "go ahead " men,
behold in the Maine law a flagrant attempt to
?p them and their rum apart. They are at anjrrv
?that account as were their great-grandfathers
?ut the tea tax. The invasion of the right ot
R to get drunk involved in the existing law is to
?n intolerable. They are resolved upon opposing
?Mrties that do not oppose the ram law; and how
fcusfal they have been, thus far, ip weakening
?Jaw, best appears from the fact that that statute
?wlce as bad and twice as strong as when it was
It passed. The nomination of this rum conven
e?the bo called wild cat convention?was eon
ted upon Bhepard Carey, and the regular con
P??,wafl notified that it too might nominate MM,
f h,s friends would not forsake
?. This was very kind. Ihe convention said nothing
fc fwSftCu^' Japan- the Philip
f ? a Central America, or any other nor
l of tne globe that is now in that nebular state
?>o*atory to becoming an American star ; and in
? abstaining they showed their sense, tfhey con
?d their action to local affairs?to the worm (that
Betimes dies) of the still, and to the barrooms,
?y stick to their liquor like foundering sailors to
|spint room. Their motto evidently is?
" Man, bning reasonable, must get drunk ;
The best of life U but Intoxication."
third or regular Democratic Convention, ag
itated here on the 21st of June. It was very na
[oncly attended, and I should be inclined to ca'I
mass convention, for I think that almost one
the supporters of the administration in Maine
i present. It was a regular officeholders' affair;
. afi<many of the national offices Eft re have been
wred on the most contemptible of mankind,
can judge what its character must have been,
action of ttls convention waB cowardly In the
te. The desperate condition of the adminia
i'Ii well known; yet not one word of en
ement did this packed body of officeholders and
clients?the fed creatures of the national gov
ent?utter for the support of their principals, or
Jr principles. The grave itself could not have been
t silent than were these unheroioal people,
i their proceedings no one could be led to infer
i the country is now in a most excited state on a
kt national question, in the rapport of which
[President and Cabinet, and the majority of
ess are completely Identified. Not a syllable
sped to show our unhappy President that his
kda in Maine are mindful of him in the midst of
p&raaka agony. Equally silent waa the con
on en Btate affairs. They were passed over
j a coolness that was quite charming, as cvi
p.ing the contempt which the delegates feel for
'?r intelligence. The whig* say that the de
were silent, because they had nothing to
r, but it is more Just to say that they were so
ugh cowardice. The ancient democratic spirit
liahed from amongst the regulars, whom de
land officeholdlng have converted into so many
' eunuchs.
regular nomination for Governor is not a bad
| but very respectable, if we consider the matter
from a personal point of view. The mass of
1 regulars?it is not a very large mass?had
ppowd that Mr. Pitlsbury was to be put up again,
d were satisfied that he should be nominated,
was no reason for superceding him. Ho
a very good run last year, and was not
lajly unpopular. He had given as little offence
i two other braachos of the party as any man
'the Btate. Tou can, therefore, form an idea of |
j astonishment that was felt by the rank and file
(hen Mr. Pillsbury was deposed of by the conven
i in a very different way from nominating him.
I whole matter waa arranged here before the con
met by the officeholders, who were deter
ned to have a new candidate. The convention
ely ratified the action of the officeholders, in
Jag Mr. Parris before people as a candidate for
overnor, who, In one respeot, may bo oonsi
?d aS worthy of the especial ravor of officehold
he has himself lie Id office almost his entire llfe
Not to mention minor places he has been
overnoif United States Senator, Judge of the 8u
cae Court, and Mayor of Portland. His very
|i0ie is significant of fat things in the official line,
was selected with express reference to the t usl
of '^catching" or koeplng voters la various
1 ways. He is a supporter of tbc adminUtra
aiirf therefore acceptable to duch deiun?rata aa
interest in the fortunes of Pre.iident Pierce.
? to be a Nebrasiuito, and thcre
[ls fciot prf^itively oil. ttsive to those He
f?? 1?ho huL kyUi ? tUMUU Ml 4l.
IbOl. He dcfwksj >"o*l Dow U) a
contest for the mayoralty ?t Portland, sad
therefore ought to be popular with the ram men.
He maintained and enforced the Maine law, beeaoae
It was the law, and therefore he muat be satisfectory
to the temperance partv, and to conservatives gene
rally. He nas bad notning whatever to do with re
cent State politic*, and ao cannot be objectionable
to either faction of the democracy. Finally, he ia
a moet respectable old gentleman, who used to be
at the head of aflkira when the preaent race of wild
cata were but very small kittens, and woolly beads
were undreamed of; ao that the organ of veneration
la to be appealed to in behalf of the self-styled pro
gressives of the age?certainly not the least re
markable fact in our political oondition. All tbeae
considerations would be of some account in ordinary
times, but I do not believe that they will have any
weight in the present state of aflkira. The anti
slavery sentiment of the State ia atrong, and it is
demonstrative in ita character, and the want of
courage on the part of the regular democrats, who
dare not say a single word on the other aide, will
give as mach encouragement to the Morrill men as
disgust to men of conservative opinions. The slavery
question cannot be kept out of toe contest, because
Congressional elections take place at the same time
with our local elections, and the repeal of the Ne
braska bill, or some other equally potent anti-slavery
test, will be applied in all the districts. Unaided,
the regular democracy have not the slightest chance
of electing a solitary member of Congress. Demo
crats who voted against the Nebraska bill will pro
bably be reelected, but they can hardly be looked
upon as friends of the administration, or their re
election as administration triumphs.
The whigs are to hold their State Convention here
on the 29tn, and the free soilers will hold theirs at
Lewiston, a ^eek later, July 6. I had intended to
say something about the condition of the whigs,
and concerning the probabilities of a new party
being formed in Maine, but the length of my letter
admonishes me to stop for the present. 1 will write
you as soon after the other conventions have been
neld as possible. Sbbaoo.
Ow Kew Hampshire Oorrespondcaee.
Concord, N. H., Jane 24, 1854.
Lull in the Senatorial Contest?Political Intrigues
?ftnik Finding?Opinions on the Senatorial
Elections?The IVhig State Convention? Remi
niscences?The Country Ministers.
The suspension of action on the Senatorial ques
tion by our legislature?it will not be taken up un
til the 29th?has afforded an amount of time for the
action of political intriguers to operate in, that such
men, on both sides, are far from disposed to neglect.
This placc has been a perfect hothouse for forcing
the growth of slow politicians since the meeting of
the Legislature, and some of the workers on the ad
ministration side complain, with no little bitterness,
that they were not summoned to the field at a suffi
ciently early day to render their exertions certainly
UFeftd. Relying upon the Concord Patriot's cla
morous assertion that there was a democratic majo
rity of twenty in the House?which, it was thought,
would be found numerous enough to effect every
thing, after allowing for as much bolting as it was
thought New Hampshire men were capable of?
nothing of an effective character was dqne until after
the Legislature had organized, when the elec
tion of Mr. Chase to the Speakership, by pre
cisely the number necessary to choose him
^nai>vt0 Wai? Up the dlx)WBy wirepullers'.
All that had been done was the President's
lending Nebraska speeches to gentlemen on whom
he had turned his back ever since the 2d of Novem
ber, 1862, and assuring them, under his own frank,
that he was their "most affectionate friend"?an
assurance which they thought it took a rood deal of
assurance on his part to m&e, and theVrS
cLt ? T? 80 "editions as to doubt. This
sort of rubbing down the back did not pay, for it
caused men to despise the person who resorted to it
wm w J? j88 411 evi?en?5 of the weakness to
which folly and arrogance had reduced him. At
any rate, no one was converted by the President's
sign manual?not even his "affectionate friends"
responding to his pathetic call.
trS? i y m J* blamed whenever there is
w 5 paLty' and acc?rdingly the edi
tor of the New Hampshire Patriot is censured
as t^Vhu ?? overra.te<? the democratic strength
Mrt nf tl warranted no interference on the
part of the national administration. Had he
r? "?; C v5t8 woald have been made at an
f? ,y. dfty to bring over ^
lavish nse of those means which are at the com
mand of the President, while the "cham
K??t BDt ,cbio?n" Wment would tve
been brought forcibly to bear upon men at the very
^eir arrival in this agreeable town. As
ave either beea promised in other
??!? ? ' there are none even to promise; and
the champagne has been expended in getting up a
?turefafl evanescent as its own spray and bub
Thus far. nothing but defeat has awaited the
democrats on every test question, in spite of their
twetity_majority: but still I think the oeusure of Mr.
unjust. His errors consisted in under
hn in ^n/ , oflhc ?PP03ition to the Nebraska
bill , in underrating the number of disaffected demo
crats amongst those chosen to the House, and in
overrating the power of party discipline. He judged
of tliat power by a Btandaid that belonged to an
Pities, and forgot, too, that some of
the most accomplished martinets of the party?Mr
Burke and Mr. Barton, for examples?were chiefs of
fiJoiM ""P0^1 flee'ion of the disaffected?a section
small in numbers, perhaps, but of great skill and
""f of iron energy in the conduct of affairs.
Any man might have m.ule the same mistake for it
tw'A i *? co"vlnc? the drill sergeants of
'? "* """yow.K
eiZ?il^pi?ni04? PrevaUfl here on the Senatorial
/ no 1)0 thJs session chosen,
iiie dissenters from this view are democrat* win*
1855 thill th?.el?cti0D8, Bh.ould go over until June,
lbo6, there will be such abundant means such a
Bnpplyof^htfod oemenWa.t0 render a ooalition
the various anti-administration parties easy of
formation and certain of succ?n. No efforts will be
?et matters straight by the 20th when
thelfonse ft to decide en the question of the choice
^n v the 8ttemPt to elect them fail,
the business will be over for this year aid the
wrfih0^ W?P g0 ,be'or? the people next March
?T * very heavv load on their already well bur
whigs expect their party to win
many victories before that time, and so give
IS 0/ moral aid in New Hampshire. The
opposition, of all sorts, hues, shades and strinea
?w*T Hothinj? better than a postponement of^^'
elections, and the making of them a distinct issue
w?n??inext C0^t- ?? success of their ideas
would leave us with but one Senator, as soon as the
^ rise, Mr. Norris's termTo?
Perhaps we should not hSve
,?i1855, 14 i8 Quite certain that
if the ooalition should carry the next Legislature
g?ntlemea wonld liavc ranch chaaw)
i&ifstesx
iwBrSsSsa* ?? Shaft
thcf/ii a *
should get a majority of the popular votes it d<m
may be chosen by the Legialatare. The keenins
<Iae8tlon would greatly f
tate the ends of the coalition, bv leaving th a?
capital upon which to trade; but rtSlitZ
"^*? ^e Senatorships being filled
asLlssirm u",n'
Representatives on the Missouri question in 1820
?gS3SSBB?artj
197 munbn? 1M of,l,en ""tolled
Ihe Nfbn,?k"ilT w,, " "Sb reTO,'M lu f"?' "
n? T?!"
troiyi??
Jmm Orne, ft?w. Wm. T. Cutter.
?By the Court?Roosevelt, J.?The defendant*
were guarantor* The/ loaned their names aa in
ducement*, in behalf of their Meade, to invite cre
dit* which would otherwise h?ve been withheld.
Under the plea of alleged want of dae diligence in
prosecuting the primary debtors, they now seek to
escape from the consequences of their engagement
At the time the goods whose payment tbev gu&r&n
teed were sold, the purchasers resided and did busi
ness in Michigan, when the purchasers failed to
H, the creditors who had trusted them brought an
on in the United States Circuit Coort in Michi
gan; bnt the Sheriff or Marshal to whom the pro
cess was intrusted, returned one of the defendants
as not found. Although, therefore, the suit was
against both, the judgment was against one. And
this judgment, it Is said, merged the Joint demand
and converted it into a claim against one only, thus,
to the prejudice of the sureties, discharging the
other debtor ; whereas, had the creditors brought
their suit, as they might have done, In the State
Court, the judgment, in virtue of a special State
law, would nave been, it is said, against both, aud
both would have been held to their joint obligation.
The argument, it will be perceived, assumes that,
by the proceeding in the United States Court, one
or the debtors was discharged, and that that pro
ceeding was the voluntary and improvident act of
the creditors. And is it true, in point of law, that a
judgment against one of his two joint debtors, in all
cases and under all circumstances, discharges the
other, and that the othtr, if afterwards sued upon
the joint demand, may plead the previous unsatisfied
judgment against his associate, as an absolute bar ?
Is it no reply to such a plea to say that the creditor
did not elect, but was compelled, to take judgment,
as he did, against the one alone, because the other
had absconded ? The doctrine or merger is founded
upon convenience?convenience to the Court and
convenience to the parties?upon the consideration
that two suits should not be permitted where oue
was sufficient. Does this reason apply in favor of a
tuan who had rendered a ?Joint, and of consequence a
single, suit impossible? What right has he, or
rafner what right could he have, to complain of dou
ble vexation ? Is it possible in such a case for the
creditor to obtain a full remedy except by two suits
Even with the aid of a .special statute, the Court,
having no jurisdiction over an absent pirty, can ren
der no binding personal judgment agalnBt him; 8
that, although in four against two, the recovery in ef
fect, if pursued in that mode, would be only against
one. Wherein, as a remedial proceeding, then, would
such a judgment, in the State court, have been more
advantageous than the judgment which was reco
vered in the federal oourt? In either case the record
would have shown that the course of action was a
joint demand, and that if an effectual recovery was
not had against both, it was no fault of thcplain
tiffs. They sued both, but both were not found.
Besides, a federal judgment in some respects may
be preferable to a State judgment. Stay laws and
appraisement laws are powerless over it; and the
Supreme Court of the United States had decided a
decision, which in subsequent cases brought within
their jurisdiction they were likely to follow, that a
separate judgment against one partner, even where
taken without necessity, was no bar to a subsequent
suit against the other. It may be that that adjudi
cation has sincc been partially qualified; yet the
reasoning on which it rests, in all cases of necessi
ty, still remains. At all events, there oannot be a
doubt, I think, that a court of equity in Buch a cise
would enjoin the defendant from availing himself of
such a technical bar?in analogy to the practice
which allows a bill in equity against the represen
tatives of a deceased partner after an unsatis
fied judgment against the survivor, notwith
standing that it involves the difficulty of merger
and double litigation. Double litigation is
an evil; but like other evils, if necessary to the at
tainment of justice, it must be submitted to, espe
cially by those whose acts or omissions have created
the necessity. I assume, therefore, that whether
the judgment in Michigan were in form against two,
but in tact against one, or both in form aud in fact
against only one, it would in neither case deprive
the parties of an efficient remedy subsequently, in
some form, against the other. At all events, the
enit brought m the federal court, being a bona fide
exercise of a sound discretion, and especially as no
actual loss from that election is either proved o?
pretended, there u no ground for charging the cre
ditors with a want of " dee and legal diligenoe."
The effort made by them to recover of the principal
debtors was a legal effort, and a proper eiiort, and
the only one, as it appears to me, which they were
boned to make. Its frnitlessness is no answer to
the argument. That very fruitlessncss, anticipated
as possible by all the parties, was the reason for ten
dering the guarantee and the motive for requiring it.
It seems to be aesumed?and some judicial dicta
have at times given countenance to the idea?that
in actions against guarantors all sorts of technicali
ties, whether equitable or inequitable, rational or
iirational, arc to be invoked by counsel and enoour
sged by the Court, to prevent a recovery. For my
self I do not believe that the common law, which in
its genera', scope professes to be founded od oommon
. hcnfcc and common honesty, is so inconsistent aj to
lose sight ot these attributes the moment it ap
proaches the boundaries of suretyship. What differ
ence Is there In principle between soliciting credit
for one's Felf or soliciting it for one's brother? The
consideration is the creditor's parting with his
cods on the faith of the engagement, and the bene
t the surety receives, or expccts to receive, from
obliging his friend. It is not only a good, but a
valuable consideration?as much so, in every just
sense, as if the surety had himself become the pur
chaser. Judgment for plaintiff.
Superior Court?Special Term.
Before lion. Judge llotfman.
DKCIHION.
June 28.? The People of the State of New York
against the Alliance Mutual Insurance Vonijtany
and Thos A. Emmet, receiver.?The defendants,
the Alliance Company, were incorporated on the
10th of April, 1843, by a special aot paused that
day. It continued to do business an a Fire, Marine
and Inenrance Company until about the 15th of
July, 1847, and is stated to have accumulated a
large sum of money, which was liable to taxation
either as capital or as personal property. On the
16th of Jnly, 1847, by a decree of the Chancellor,
the company was declared dissolved, and the de
fendant, Emmet, appointed receiver. The super
visors at the city of New York taxed the property
of the company in the year 1845, at a sum which,
with interest, amounted to (2.839 OS, on the 1st
of July, 1861. The company refused to pay the
tax, and it was, according to law, returned b - the
Chamberlain of the city to the Comptroller of
the Sate, and was credited on the books of taxes
in the office of the Comptroller to the city and
county of New York, whereby an action accrued to
the plaintiff for such amount of taxes. The com
plainant then states a demand and refosal to pay
the amount, prays judgment for it, and that snch
part of the property of the company be seques
trated as shall be necessary to discharge the same
with interest and costs. * * * * The injunc
tion granted, but not so as to prevent the receiver
from collecting the funds of the company, and only
to prevent his parting with any moneys on hand
until the judgment in this action.
District Court.
JIRST JUDICIAL DIPTBICT.
Before Judge Creen.
June 28.?Aaron Close vs. Stephen Kelly*? This
action is brought to recover for a bill of clothing
amounting to $19 62, sold and delivered by D.
Lockwood & Co., to one Everett, and which the
defendant agreed to pay for, if the said Everett did
not; and also for sale and delivery of the same
goods to defendant, the claim thereof having been
assigned by Lockwood to the plaintiff, his partner.
The plaintiff proved by Daniel Lockwood that he
was one of the firm of D. Lockwood & Co.; that a
man by the name of Everett called at their store
and wanted to purchase some clothing, stating that
he bad not money enough to pay for the same, but
that the defendant would become his surety. Wit
ness then sold Everett clothing to the amount of
$19 62; that he put the same i p in a bundle, and
they then went to the defendant's place of busi
ness. Witness asked defendant if he was willin to
go Everett's security for the bill. Defendant an
swered by saying he was. Everett then took the
goods away with nim. Everett has never paid for
them. He also moved the assignment of his in
terest in the claim to plaintiff, so that he might be
come a witness. The defendant swore that he had
no recollection of seeing the witness until he calk d
to collect the bill. The Judge decided that the
plaintiff could not recover. His own testimony
was not enough to make defendant liAble. That all
the defendant did was to become security for the
payment of the claim, in case Everett made de
fault. That the agreement not being in writing,
expressing the consideration, was void by the
statute of frauds; aod therefore gave judgment for
the defendant, with costs.
Diptrbfsiko Accident.?A middle-aged man,
namtd Andrew McGuire, was instantly Killed yes
terday morning, about 10 o'clock, by falling from
the roof of the Ave story building, occupied as a
wholesale store by Messrs. Wadsworth, Turner k
Co., on Pearl street, between Main and Caiy streets.
Workmen were engaged in putting a new compo
sition roof on the building, and the deceased, at the
time he fell, was standing near the edge of the roof,
in tl>e rear, tcceiving buckets of tar, as they were
drawn up by meins of a rope and a derrick. The
cause of his falling is not, we believe, precisely
known, but it is supposed that the derrick (a tem
porary structure on the roof,) gave way while he
wnn standing by it, perhaps holding on to the rope.
He Sella distance of about sixty feet, on a brt k
raviiEciit, striking, af he came down, a few feet
r >ni the ground, tin- edge of a s late roof of a ware
houFe about five fet t from the building on which he
iVbuut ttoik. iiu km uorrioiv cut and mangled,
and died instantly. We understand be had no ia
BiilJ-?ifecAffuma Euyuutr, J ion
TIm Walkw OhrwM 9mm,
COMMON rbUa-TABT IL
liimn f. ?. walub, ww bbb mut fbibnd,
?HMMT1JJI B. 0LOANB, VS. WILMS F. WALUUk
Before Boa. Judge kpthta.
tutth DAT.
Jim 20?fh? stem sunt justice of Rath Ann htaa,
witness for the defence, ?u resumed this moraine by
Mr. Btudford.
Witness deposed?I think Mr*. Walker returned to
Bath the iame da; that the came wfth Mm. Waldron; it
vu previous to her retorn to Bath that I a? her walk
ing with Heartwell with his arm roand her waist; it waa
about the time of the arrival of the party of fifteen that
1 uw her standing in the doorway with Heart well; I can
not tell whether I aaw them standing in the doorway be
fore or after I eaw them walking aa I have stated; I ob
served them standing in the door between half-paat 12
and half past 1 o'clock: we were clearing away the
dining table then; I law them standing at the front door,
opposite the dining room door; can't say where the other
guests were at that time; I waa is the dining room; a
number of domestic* were with me; Harriet Baron waa
not there; Sophy Johnson was there, but she is dead; I
was passing the door, and stopped and looked for about
a moment at Dr. Heart well ana Mrs. Walker; their backs
were towards me ? can't say how many days this was af
ter the party arrived; I presume they dined in the din
ing room that dav: 1 was not there at the dinner mvself;
the doors of the sitting room and the parlor openea into
the entry of the doorway where they stood; there might
have been fifty or Hlxty guests in the bouse at the time;
Harpswell is a watering place; from the piazza in front
of the wooden house, persons oould not see into the door
where thev stood; tho brick and the wooden bouses ran
parallel, the former receding a little; there was no enclo
sure between either of the bouses and the street; the
guests, when going from the wooden house to the street,
passed the door wheee Mrs. Walker and Dr. Heartwell
were standing; the front doors of both the wooden and
brick housea face the east; the crookery room from which
I saw Mrs. Walker and I)r. Heartwell leave in a carriage,
adjoins the din Lug room; the point of the grove
is about a mile from our house; it is not
. h?tf a mile to the commencement of the
prove- between the rrove and our house there
wasthen a house about half way:Mr. Isaac Douglass oc
cupied that house; be had a fan.At ; we had ? vie'from
the Mansion House to the grove: there was nothing to
i.iwMnt the view of the road from our house to the
?o^win I,aw Mr.Walker and Dr. Heartwell walk
fnn from the grove, as I have stated, I was in the family
dining room; Harriet Baron was there; don t know what
psit of the room she was in; don t know how long: she
remained in the room: don't know what she did; . know
the did not look out at the window. .
O How do you know that she did cot look out of
window, when you bay you do not know what she was
doing? . .
A I hare no answer to male.
Witness?1 did not look, out of the window all the time I
1 wss there; Harriet Baron did not remain there a terI
left- she went into the cook room; Mm. W. and Dr.
Heartwell were coming up the road when 1firat aaw
them they passed near the houso, right by the dining
r<Z which is nearly on a level with the road; the room
tn ?hich 1 was was next the crockery room In the wooden
houae; the crockery room was between the two dining
rooms; the road I* on the west front of the bouse; when
I first saw these parties they were nearly opposite the
house; tbey were not two rods from the house, the road
ran close by the house; I was sitting at the window of
the family dining room nearest the cook room when l
saw them; I was resting my arm on the window: I saw
no change In their position when, tbey were passingme;
the windows in the public dining room, I think, are higher
than the one at which I was sitting: there waa <?nawin
dow in the public dining room at tne end: Mrs. Walker
and I>r. Heartwell passed that window, did not notice
Mrs Walker's dress then; she had a bonnet on; it was a
char and a warm day; I only saw her face; aid not no
tice whether ehe had a son shade or a parasol, he had
not an umbrella: I don't know that I had ?wn
will's siiter at all at this time; don't know whether Mr.
Fuller was there at that time; don't recollect of his being
tbeM more than once; 1 'don't recoU^t .Utlng to
any one that I knew anything against Mrs. Walker s
character; I know Mr. Lawson; I h*re 'totedto
him that I knew nothing personally to
if_. Wnlk#>r* can't tell the time ?f day whon
mv husband refused to board Mrs. Walker; her children
came with her then; I am under the impression that she
?taidall night on that occasion; can't name any one who
was staying there then; don't recollect Mra. htone oom
ing witJ Mm. Walker on that occasion; I think, however,
"q! Did you not feel unkindly towards Mm. Walker?
A. After the first occasion ef my acquaintance with
her I never had any reason to feel kindly towards her, I
don't recollect raying to Mr. Frederick Bewell or to James
F Patten that Ve d'd ?nt take Mrs. Walkerbecause the
house was too full ; I tol t Mr. Se well that we dld not want
to take her: recollect Mrs. Walker coiningvnto the kitchen
to order a chowder made her own way; it was not done.
To Mr Busteed?There were no shade tree* about the
house- Mr. Adams, Mr. F.aton and my daughter were pre
sent when I toU Mr Lawson that I knew nothing person
ally to criminate Mrs. Walker; I am sure that the person
whom I saw walltng with Dr. Heartwell from the grove,
was Mm. Walkier; it could not have been Dr. Heartwell a
sifter; it was customary to return both ways Irom the
grove I saw the fa-e of the lady who walked up with
liinr I have no wcollectlon when this happened; I think
it was beiore Mrs. Walker rode to Hath with Dr. Heart
*CAnn Maria Eaton?I reside at Dixfleld, Maine; I wai
twenty-three last March; sm daughter of Mr. Eaton, wit
oe?s examined in t^is cauie; know Mr ??d Mm. Walker,
and 1'r Heartwell, end tirst know th. m at Harpswell, at
my tether's houee; 1 have soen Mrs. Walker
Heartwell riding, walking, and sitting together at table
Dr Heartwell wan here more tliun ono season ; 1 l>now
tbat Mrs. Walker's wants wero made known through him
at <abU, and at other times; I havo seen Dr. Heartwell
?tan< inc in the door with bis aj-m around her waist; I
know tbat at the time Mrs. Walker w?a board
there was room lor her in the house; I flrst communi
cated these facts to Mr. Walker fast May.
Cross examined by Mr. Blunt?I never spoke of Mica)
facts tonny one before Wt May, tomv rejollectiMOidoni
reecllect in what year it was that I saw Dr. Heartwt
with bie ariu round Mrs. Walker a waist: can t say
whether it was the first year she was there; don I
know whether Mrs. Wilker camo there two seasons
running; remember the fact of a revenue cutter party
coming, but cannot say whether it was before or after
this party came that Mrs. Walker and Dr. "cartwe ilstood
together in the position I have mentioned, they stoo- ln
the front door of the wooden house; don t recollect
whether it was in the morning or evening; I cannot
state how long Mrs. Walker rcmr.ined at onr house In
1845; recolleci her being there with her husUand Dr.
Heartwell was not there then , I never *aiv Dr. HeartwoU
or Mrs. Waiker before tbat year; know Mm. Walker by
sight, and remember seein- W there <^;"n J"?
'whetiicr It was before or . s. Waldron
that I saw Mm. Walker ard . r.rtwell standing toge
ther' Mm. Walker has been ins*.. of our bouse between
the 8th of August, 1845, and 1848; cannot name the
dates or times when. , ,
A juror here rose and said that he had noticed a lady
In the crowd making signs to the witness, and felt it his
duty to inform the Court of the fact.
Ihe Court said that any communications with the Wit
nesses while on the stand, were highly Improper and
"witness?Certainly think
side of our house in the yeara 1846 ??d 1847: she waa
tl ere in 1848 with her children; 1 cannot say how long
t.he remained; don't know tbat Dr. Heartwell was there
hi 1848; I heve seen Mrs. Walker ride with Dr. Heartwell
frequently; I don't know that I averse w him ride with
her mere than twice; I don't know whether I have seen
bim walk with her more than twice; 1 have seen them
once walk from the point of ?be grove, and I have seen
them walking in front of the house; I waa Ipthe houae
when I taw them; don't know what time of day it wm
when I saw them standing in the door; I was conOr?
down stairs at the time; neither of them, I think, had
any covering on their heads; we have spoken of Mrs.
Walker at home; I never expressed any fj'^ng about
Mm. Walker, except aa to her improper conduct.
Q. Did you not state to Frederick B. Sewell that you al
wave disliked Mm. W.??that Mm. W. did not treat you
well, waa not kind to you, and had not thanked you for
all yon had done for her?
A. I nreeume I may have said so.
Q. Did you not state to Mr. Sewell that you were pre
judiced against Mrs. Walker, because Mrs. Walker had
taid things affecting the character of your father *
A. I don't remember saying so; I always heard that
she said things against the houae when she waa in the
habit of Miming there. .*
To Mr. Buateed?1 know Mr. Lawson; waa present at
the converratlon between him and my mother, my wtr
ther said she knew the circumstances perfectly weU,?bd
was williriii to tell them, but fhe knew nothing to crimi
. ate Mr. Wslker; I brieve Mr. Sewell U a lawyer, he
was employed by the Pattens, SeweU showed me a writ
ten fctatement which waa brought thereby him and Mr.
Jnn.es Fatten; there ia a copy of the jrDlni b"en
now; I s'gnert no writing for him; I told Mr.. Pattm then
thr.t I considered Mrs. Walker's conduct with Dr. Heart
* q! Lid jou or*did you not state to Mr. Sewell Hiat all
vou .'aid was for the purpose of making pence, but that
neverthel.se vou believe,1 Mrs. Walker gu??y?
A I i.on't know; 1 think this conversation tookplace
In Msy last: I don't know whether the paper Mr. Patten
ahowed me was drawn up by a jnitlce of the peace in
rey preser.ee; my conversation with Mr. Sewell took plate
after I bad few Walker.
Willis m 8. Pest examined by Mr. Chu" .
nesB is teaching, preaching occasionally, and ?J""'onary
%cik in general; 1 knew a Mlsa Lima; aha Maided at
the Five l'ointa Misalon House of Industry, and at 388
Brcome street; she was a teacher in the ?eh^l . the R, v
Mr Pease was connected with that house; don t know of
my ew^per'onal knowledge where H?? Uman U now,
but she married Mr. Rice, a dentiet, and they went to
C.teat Bairinaton, Mass., as I undeMtooa.
Cross examined by Mr. Blunt?I have resided in Broome
?treet nearly a year; Mlsa liman came there about a
year sgo; I was connected with the mission befoM; there
sre males and females, women and children, in that
""caioliue Tebbetts examined by Mr. Busteed?T am mar
ried, and reside at Boston; 1 am the sister ofWulker,the
defendant; 1 know the plaintiff and have bwn intimate
with her since her marriage; have been at Harps weU,
fthe witness here asked permission to apeak to Mr. Bub
teed, which waa granted by the Court;) I have seen Mm.
Walker write; 1 know her handwriting, and have m
eeived letters from her; I have seen her wrUe veryoften
the letter now shown to me la in Mm. Walker a hand
WTo?'Ur. Blnnt ? I don't think that the superscription
on t).e letter is in the handwriting of the defendant, :
don't think it Is in Mm Walker's handwrlt ng.
Mr. Blunt said that although on no rule of Uw coma
this letter be received in evidence, vet in ?cc?rtance
with (be wishes of Mm Walker, h# withdrew his objec
tion to having it read. ?,?nsel for
Q. by Mr Blunt.?When you spoke to the f^junsei r
th( defence during your examination, offer he^h. P
certain question to JOU, did yon not snv Hlftt
rr i called upon the atnnd for that purposed
Mr. 1 Ulteed then trad the following loiter -t
Kay, dear Cusa. no seotdinif?I have delayel wr' T
this in.f eot from negllgenee, but that all importaotar
UUke,t w?f? ?uiet, and MI|Mt
too the particular pith of this Utter, or an it would hin
boon era the transcript arrived at jrorr domicit, I know
that la truating to yomr nod attue I can hope a full
forgiveness for Bins of omission aa well a* commission, M
the book sayeth. Firet and foremost,that all-Important
Item fashion, mult take Ita plaoe. Bad 1 seen or heard
of anything new ere thia, believe me you should have
been the wiser for my knowledge. Until laat week 1 knew
nothing, and can now say that I am governed more by
my figure than Dame Fashion's decree. Two flounce* are
worn when made of m. delaine?plain Thibet, embroiderrd
with gulp braid,and plain waist, I think beautiful, with a
trimming of velvet, if you oan't afford the embroid, aa U
the caae with your humble aervant. Trimming up the
front and flounces too, are the go. Aa for sleeves I have
aeen nothing differing from the old ?tyle of tight?I ima
gine 'tia aa one faneiee about that. Trust me, dear
(til, had there been anything materially different from
?bat you knew, not ao long would I have kept you by
Ou eyelids And now let me to aomething
Once more, dear Ooaa, do attempt to scribble a few
word*?a parentheaia, occasioned by a whiat party, pre
vented further talk with you laat eve, and low 1 cau only
aay come to me. Ouaa. if yon love me, oom?come now,
while that voice is still ringing in my eare, aweeter than
music of the spheres?while that sweetly, winning smile
lives in my memory fre?h,and'aa holy aa?oh, heaven 1?aa
the deep feeling brtathed forth from the heart, and only
tin to give it utterance. How shall I write? Not aa / wish
1 could? I dare not. Shall I t?U you of the bright star,
atar that still sheds ltnray of light upon my path??of the
soothing and holy influence it sheds down into my inmost
heart? Were it not for that bright, the present would ba
aa the future, a dark path upon the sullen sea. Away,
cold caution; 'tie too late. 11? "the man my reaaon bids
me hate;" bold, original, brilliant, talented?why enume
rate? I never did care to analyse the being 1 fancied. I
could not. Aa soon aa reaaon waa called to give hia all
powerful decision?so soon it becamo not lore, but nru
dcntlal, cold preference. I know not if I make myself
intelligible; in either sense of the word, I want the apirlt
of Guss Waldron here to answer to the feelings of my own
soul. Shall I not have It? Say, dearest Gusa, how soon
may I look for the light of your countenance to ihine
upon me? Bodily ana epiritually sick, I cannot write
more. Plain matter of fact I never oould endure. Far
better had I only looked at the truth, not the poetry of
the world. I must stop this pen of mine, which moves
on, on, on, giving you, if nothing more, some idea of
eternity?neither beginning nor end.
Sunday morting.?Again am I before thee, dear Gnss.
and have atfen.p'ed to roau what 1 wrote laat evening
need I say that the effort was unsuccesaful, and IJho^e
you may be equally puzzled, for 'tis ever thus with me, a
en ature of impulse?my feelings seem to get the better
of my reason.
It rains in torrents, so that I cannot attend church to
day or walk from Hannah's at five o'elock thit afternoon
a sad disappointment to me, a* you may imagine when ?
When shall I see you? There are very many things
which I am anxious to talk with you about?question*
of morality, religion, and other themes, which, if you can
answer, will quiet my conscience; that is, answer to suit
my way of reasoning?such aa how near may one ap
proach to guilt without being guilty, fee.
1 am sick, Guss, in mind and body, but I blush to say
that lam infinitely kss solicitous about my moral than
my phyMcal state. Let me have dear Guss with mconce
more, to listen to the totes of that voice which lias ao
often whispered words of peace and comfort to my wea
ried spirit. What can I offer m an inlucementf Boa
ton is gay now?concerts, theatres, and leotures are in
abundance. Come and go with me, for I am mat this urin
ter; but with you here, could be more so oraxiY. Now
to breathe the very air that ? is happiness enough;
but to he near, read in the clear depth* of those eyes
truth, is what I must wait your arrival for before I dare
venture to gsoe upon tlioir brightness. What a fool!
A\e, think so, (>uss. I'll not deny it; but for Heaven's
Mike, if not for mine, give this letter to the "devouring
element." 1 would not care to let the goggled eyel
world light upon auch a document. Guess they would
have more "food for talk or thought" than ever they
received on a similar occasion. 1 shall now look tor you
daily, and believe me honest and true when I aay that it
will give me hearty pleasure to have you puis aa many
days with me as you can make it agreeable to yourself.
Should jou prefer going to Chelsea flrat, do not forget
to make me an early call; aad if you find uie " out," re
main until I am "in." This I ask, and shall hope to seo
you ere many days at the corner of Beach and Oxford,
when we will talk over the past and present, both alike
of no little interest to rs. Be sure that you come over as
soon as you arrive. I heard through ? that you
were in town; accordingly called at Mount Vernon street,
hut found that your mother only left that day. And now
good bje, Nearest. I must see you boos. I long for
s< me one else to speak my thoughts to. What other ono
dearer than you f In haste, aff., KATE.
Mr. Blunt then said that he desired the jury to look at
the letter, and tee that the parte Italicised were in differ
ent ink.
Ellas P. Pierce, examined by Mr. Bug teed, deponed?I
live in New York, and ft hall liave Hred here two ysars
nest December; I keep a restaurant; am a cousin of Mr.
Walker; wan formerly acquainted with Mm. Walker and
a visiter of her house: she lived at the corner of Oxford
and Beach street*, Boston; I know the Hon. George
Evans, who has been Senator from Maine: I have travelled
in a steamboat from Bath to Boston with Mr. Evans and
Mrs. Walker; it was in the .Tear 1848 or 1840; cannot tell
which year; think tbat the Charter Oak was the name of
the boat; I saw George Equina and Mrs. Walker iu com pa
ny together on board the boat on that occasion; I saw
Mr. Evans attentive to her, and in conversation with her
on tbc deck; I raw them enter the stateroom together; I
did not see either of them come oat; they entered the
stateroom together between 0 and 11 o'clock a', night, I
saw them on the wliart in Boston the next mr.rniug at
about ball'-1 att 4 o'clock; he handed her to a car
ri: go; be entered the smne carriage; 1 first com
municated these facts to Walker this year, since tbe
suit cimroencei!; I did not tell them before, beo.iu-e
le and 1 were not on good terms; even now wo are
baidly jo; 1 would not vouch for hb* love for m >;
altirlsaw Mr. Evans and Mrs. Walker enter th? state
rcom 1 wait ed up and down, smoking a segar, for about
i-ii hour; 1 did not puss the stateroom, but could see It
from where 1 was; 1 did not sec Senator Evans come out
of tbe stateroom while I was there, but bo might hnve
ciine out; tbe weather that night was mild and clear.
To a Juror?1 wai continent that tbe woman who en
tered the stateroom with Senator Evaus was Mm.
Walker; I did not speak to licr.
Crrsk-cxsmined by Mr. Blun'?My restaurant it 84
Nassau strert; I have be?n there with tbe man 1 am
with now lictween seven or eight months; I am a laborer
there; I do the buying and attend to thu bar; before I
went there I v.as out of business; I was sick wi'li fever
and ague; piiorto the tcven months 1 was iu 8i Nassau
street I attended a clothing store at 189Ji Sixth avenue;
I whs also at tbe corner of Canal and Varlck strocts,
keeping a bar, for three months; I was then out of busi
ness, tnd stayed in New York; I was at work lo*t night
till a quarter past eleven at 84 Nassau street; I did not
see Walker last night; I saw Mr. Walker either the even
ing bet'ote last or the evening before that at my house;
I was subpoenaeS for this triai more than live days ago;
never was here before to-day; I was a clerk to Wm B.
Dye just before I left Boston; I am married and am liv
ing with my wife; 1 have been married three times.
Q. Have two of your wives sued for and obtained di
vorces f
Objs:t*d to by Mr. Busteed, and objection sustaiuoJ
by the Court.
Witners?I saw Mr. Evans and Mrs Walker on board
the boat early in the summer; cannot name th- month;
I told Mr. Walke r of this within a month; I am sure of
this; I never itated it before to any person; I think I
made tbe communication to Walker in tbe street; it
may have been at my house; it was in tho ilay time;
can't tell when I saw Mr. Walker before I made the
communication to him; taw Walker in the street, for
tbe Erit time after I came to New York, last October:
since then and the time I communicated this alleged fact
to htm I cannot tell how often I saw him; have seen him
at least a doten times this year, and when I have met
him 1 hsve usita ly spoken to him; have seen Walker
at my place at least three times ; there was a
Sromenade deck to the Charter Oak ; the la
ics' 'staterooms were on the upper deck; the
promenade deck on the item of the boat had no stave
rtoms; saw no doors dividing that part of the promenade
(leek where there were staterooms from the part where
there were none; tbe stateroom into which I saw Mr.
Evans and Mrs. Walker go was on the left hand side look
ing forward; this stateroom might have been the second
or third from the end;,don't know how often I had travel
ed in the Charter Oak; cannot stateTiow many staterooms
there were on each side of tbe promenade deck; think
abont six; Mr Evans and Mrs. Walker came from the
stern; there was no awning at that time covering the
?tern; there were other persons on the deck then; don't
know who commanded the Charter Oak; don't know
wLether there were any persons in the saloon; think
there was no saloon on the upper deck: there might have
been settees there; there was a space between the state
rooms on either side; doo't know whether there wete
any persons there; that space might have been Bve or
six feet wide, more or less; I doo't meau to say that I
was tmoking a segar there; I was smoking a segar about
twenty odd feet from the opening leading to the state
rooms; tbe ktalrcase was abont midships; that stair
case 1 think was aft of the stateroom into which I
t-aw them go; I was about twenty feet from them
when I taw them eater; I cannot say that I entered the
passage with a segar in my mouth; I walked towards the
stern and back to the passage; I cannot tell the distance
from the passage to the atem of tbe boat; I stood still a
little while; I was- then about twenty feet fr.im the pas
sage going in to the staterooms; the stateroom door was
not open when thry reached it; I saw him open it; it it
swung out I could see tt; cannot toll whether it opened
outwards or inwards; Mr. Evans opened tbe door; can't
tell whether the door was then unlocked; 1 was standing
nearer tbe left than the right hand side of the boat;
don't know how far from the rail I was; there was
nothing to obstruet my vision between where I
stood and the door of the ntatoroom; only saw Mr.
Evans and Mrs. Walker on board a steamboat
together once; saw no one sea sick on thst passage;
boat left Bath about six o'clock: saw Mr. Evans first on
board when I was paying my fare; believe it is twelve
miles from Bath to tbe mouth of the river; think I paid
my fate before we got out of the river: saw Mrs. Walker
fiist talking with Mr Evans before we left the rivet; do
not know how long it wss after we left the river that I
saw Mr. Evanssnd Mrs. Walker enter tbe stateroom; I
think we were then on the Atlantic; I think we were In
Casco Ray, we were then in sight of land; In good we*.
ther 1 think that if tbe boat was properly steered we
would not bave been out of sight of land in the day tlms;
there is a light called Poad Island light at Seguln Island;
tbc next light visible sfter leaving Seguln, is, (think
Cape Elisabeth Light; cannot ssy if we had pns?ed that
light. but think we were about there; cannot tell where
I lilt my segar: cannot te)l how many segar* 1 ssaokel
tiien; (hero wss no light at the stern of the boat where
I could light a segar; the segar did not last an hour; the
rest of the time I remained there I was alone; do not re
collect when I received the subpoena In this cause; found
it in 84 Nassau strict; I was a clork for Walker in 1H4?,
but I was not a clerk of his at the time when I saw the
occurrence to whioh I have testified.
To X.T. Busteed.?I am not positive thst the steamboat
wss the Charter Oak.
John Oner, Sheriff <J New York, examined by Mr.
Busteed?Eldrige Street prison is under mv charge:
k?ow Wildes P. Walker; he wss In jail when I On am Into
tflko on 1st of January, 18C.?, he r-'inulued in in;, cus.
tnly until the lt'tn of I-ccetnber, 1653; he jot out of mv
cusltx!) hj an outer of court.
J-rnnllin H. ( huichlll, examined by Mr. Bustred, de
r?.fCf'?I rw> n lawyc. ore of tbe ? for <b i'e
t*i.o*nt In this aeilon; 1 know when Wstker we* dis
charged from Jail; this suit for a dlvoreo was eommei.ee,i
on the 8th of February, 1M4, tbat la, I then received the
jsjert; out suit Ut a dimes Lctwws the *U"0 jarti.
wu nosniaannsii ob the 8d or ftth of November, I
that waa dlNott nued on xcoutt of en laloraaalrtyl
the proceeding* . the next w*j commenced oo the im|
day that the uat wu diacoatinaed; it aieo m diwoa
tinned.
Croea examined by Mr. B'unt. The anaNT to tbe pr?
tool rait wu put in on the 10th of April, ISM.
Br. Butoed here read the following not fee:?
New Ton Conum Pt*as ?Catharine F P. Walker to
CKrutian 8. fliiiir, Ktr nail friend, again* WU4m P
Walker?Ikke notice that yon are hereby required to
produce on the trial if thU action a oertain toner writ
ten by the defendant in this action and idJiiml to the
plaintiff and deliveied to her by one Henry J Wtk, to
ted on or about December 14, 1863, In which the MM
ant informed the plaint? that he waa out of jnLand
was then ready to eupport her, and take her to Now
Brunswick, New Jersey, and where ho wtobed her to go
and re?i<le with him. or that in defaalt thereof, good
proof will he given of Ita content*.
Yours, Jce., WOODBURY A CHURCHILL,
Attorney! for Defendant.
To Martin Rtronir and A. k. Smith, Esqe., Plff. Atif J.
Mr. Bluntaaid that he acknowledged hawing reeilred
thia notice, but if any inch paper had ever bee* la hie
possession ne would object to ita production.
Mr. Busteed asked for permisaion to be alio wad to pro
duce a witness hereafter, to prove the content* of the
document in question.
KKBCTTTNO EVIDKNOC.
George Evans, examined by Mr. Blunt, deposed:?I re
side at Gardiner, in the Btate of Maine, ana have tired there
for several jeers; I am counsellor and attorney at law,
and was formerly U S Senator for the State of Maine;
I luow Wildes P. Walker, 1 am not an intimate aequain
tr oce of hto; \ have aome slight acquaintance with Mrs.
Walker I first saw Mr. and Mrs. Walker in 1844, in the
eitv of Washington; I cpake to Mrs. Walker then, but
only answered one question then, which ahe pnt to dm
in regard to a relation of here in Washington; the nest
time! saw Mrs. Walker waa on board the steamer Ken
nebec. lying at the wharf in Boston, in 1847 and 1148,
when 1 saw her hasbaud with her; I don't think I should
tiare recognized h?r if har husband had not been with
her: Mr W. then aaked me if I was going down la tha
boat: I said I was: vaid he, 'my wife la in ill health; she
is going down; will you take charge of her ?" I answer
ed, "yes;" be then introduced me to his wife, aad sfcid
to her, "I place you under Mr. Evans' care;" Walker
went ashore, and the buat shortly after left; I had some
CLbverf aiion with Mm. Walker on board, and it waa the
first time 1 bad ever entered into any lengthened con
versation with her; the promenade deek waa crowded
with people, i>o that I waa often obliged to stand, unable
to procure a teat; she became sea sick towards evening,
and I offered hec my arm to take her to her stateroom;
I don't recollect whe'her 1 opened the door with a key or
not; I remember that the lamp which wan hanging in
side of the stateroom waa suddenly put out by the wind
or some other cause; I re lit it, and than immediately
wihhed ber good night; thut lathe only time when I ever
rnw Mrs. Wnlker on hoard any steamboat; there never
was nny illicit intercourse, or any improper familiarity,
the most renin-e, between me and Mrs. Walker.
Cross examined by Mr. Rusteed.?I am now Attorney
General of Msine; I know Mr Patten; I have been inti
mate with him since 8epteaib?r or October, 1848; I have
been at i'atten's ho<ire six or seven times since 1846;'
never staid there all night; I have been employed pro
fessionally by tbe railroad company in which Mr. Pa'tea
is a director'; the case is brought iu the name of Pattea;
except in thin one suit, 1 have never been employed pro
fessionally by Patten; to my recolleotlon I waa
ne'er employed professionally by any of hto family;
I have no professional connection with thto suit; I hare
been once at Mra Walker's hunse, at Bath, in Maine; I
cannot stale precisely when thU waa, but I think it waa
in 1860, 185) or 185'!; 1 waa once in the ears, for abeet
an hour, with Mra. Walker; I was going to Portland: I
: observed her first, on that ocoa?ion, between Brunswick
! and Portland , did not see ber get nut; don't remember
I taking a ?vat beside her; she acd her three children oc
cupied tbe ?eat; irom 1844 to 18*7 l reside! atOardioer;
was a member of the t"enaie from 1841 to 1847; in 1844,
when Walker came to Washington his card waa seat in
to me br a messenger: don't recollect Mr, or Mra. Walter
then asking me lo call and see them; did not call aad sew
him; m<'t Walker two or three times between that time
and when I saw him on the wharf; don't know where
Walker lived in Boston; was at his house onoe; went
with him then to his bouse; have no recollection of see
ing Mrs. Walker then: have been in the habit of going
from Bath to lioatoit in the steamer, between '44 ana '47,
two or three time* a year; between '47 and '491 may
have been twice a month; have no recollection of seeing
Mrs. Walker on board tbe steamboat more than once; It
was the occasion of which I have spoken; I am very posi
the that I never aaw her on board a steamboat, except
on the occasion adverted to; don't know that Mra. Walk
er was in the habit of travelling in these boats from
Path to Boston; my wife has lieen several tiaaee with m*
on these trips from Boston to Bath.
Here the Court adjourned.
Dnpcrltr Court?General Term*
Before CLief Justice Oakley, and Hon- Ju lgea Duer,
Campbell ana Hoffman.
EVIDENCE?WHAT ADMISSIBLE TO PROVE POB0EBT.
J ink 28?Van Wyck ag.\t. Mcintosh.?TOia was
, an action brought against the defendant aa endor
ser of a promissory note, and the defence was that
the defendant's name was forged. Upon the trial
| tbe plaintiff offered to prove that the defendant had
| been accustomed to give his son blank cheeks,
j allowing him to 811 them up. The defendant ob
je;ted to the introduction of this testimony: tbe
objection wn?overruled,and an exception taken.
Tbo defendant then offered to prove on the croe+
examination of or.e Blake, that the defendant's son
had committed other forgeries, but this testimony
was excluded. The defendant then offered to provii
tbe defendantV signature to checks drawn in the
regular coui^e of but-mesa about tbe time ot tbe suit.
Tie plaintill objected; the objection wa: ?UHtaiaod,
and an exception taken. Judgment was renderad
for tbe plaiutift, and the defendant appealed.
Camujull, J.?Ti.e evideuce that the defendant
hod given tohis son blnnk endorsements,wuspropcriy
admitted. It was found that the note in question waa
filled up by tbe defendant's ton, and delivered, and
the plaintiff V name wits written on the back of such
note. Evidence that tlie defendant had given blank
endorsements to his son, we think was very properly
admitted, as it tended to show that the endorsement
in question mi^ht have lien one of snch hlank en
dorfements. The evidence offered on tbe eroes
examination of James Blake was properly e~ataded.
The impression of the witness was that defend
ant's son bad written the name of the witness
to a note shown to him. Tbe examination
of tl e witness in relation to that note might
terd to show tbe skill of the son in imitating other
people's signatures, but we think would not be
relevant to show the signature of the defendant to
be forged on the note in suit. The testimony of
fered by the defendant in regard to his checks drawn
on the Greenwich Bank w.i? properly rejected, be
cause the object wan to allow the jury to institute a
comparison of the handwriting of the defendaat on
tbe chcckB Kith the endorsement on the note in
suit. Kuril comparison is never allowed except in
casen where the documents are necessarily before
the jury. When tbey are necessary exhibits in the
cause, and are produced, then tbe Court will enter
with the jury upon the comparison. But it is done
in such cases oh matter of necessity, and when from
the course of the trial it becomes unavoidable.?
Perry vs. Newton, 6; A. L. Kills, 619. This objec
tion did not apply to the notes of Berry styled in
the case A 1 ana B 1. Tbey were exhibited to the
defendant's witnesses on cross-examination to test
tbeir knowledge of defendant's handwriting, and
not for comparison by the jury. It was competent
to prove by Berry the genuineness of those signa
tures. His evidence aid not fully come up to the
point of satisfactory proof, and 60 the Judge in
structed the jury. He also instructed them that it
ought to be clearly established that they were
J purine. And the Judge further instructed tba
ury that tbey must be perfectly convinced that tht
defendant admitted them to be gennine before they
eould admit them as oontradicting this witness
We see no reason growing out of any of defendant's
objections why the verdict of the Jury should be
disturbed. Nor do we think it is against tbe weight
of evidence. The motion for a new trial is denied,
and judgment ordered upon the verdict.
Another Survivor of the Rivonmo*.?We
Lave been favored by a friend with tbe information
that there resides in Pleasant Mount Borough, this
county, a Mrs. Benjamin, at the very advanced age
of one hundred and ten years, with proepeets of
living many years longer equally fair before her.
She occasionally spins stocking yarn of the flneet
quality, not excelled by that of her younger neigh
bors. Khe is quite intelligent, and seems to retain
ber memory remarkably well and evinoes a clearness
of judgment of tbe present and a mind yet distinct
ly impressed with tiie scenes of the past. She has
been married three times; her first Wo husbands
were killed in the Revolution, and her last one,
named Benjamin, died about thirty years ago. At
tbe time she was employed at West Point cooking
for the army, and was present at one of the battles
with Burgoyne,and assisted in distributing ammu
nition to those of the soldiers who were nearest dee*
titnte. 8ho was also with the army when it wan
disbanded at Newburg, by General Washington;
and on which occasion the General asked her 9 she
was not afraid of tbe bullets, when she replied;
" Oh ! the sword never robe the halter."?fVaynt
County (Pa.) Herald.
Riotous Assault.?Between 10 and 11 o'clock
on Saturday evening, while a young man named
Tuttle was closing the store of Horton k Douglass,
on the corner of St. John and Hamilton streets, a
party of excited Irishmen came running past, ap
parently in pursuit of some person. When near the
store, one of them cried out, " Where is the d?d
Yankee V" to which another responded, " Here is a
Yankee, at any rate." " Ye-." said Mr. Tottle, " I
am a Yankee," whereupon tbey attacked him, and
after he had knocked down one or two, they soe
ceeded in giving him a severe beating, dWoeatinc
several of hi* riba, and otherwise injuring him. Mr.
Douglass assisted to defend his clerk, and was also
somewhat bruised in tbe rencontre. Others cane to
their assistance and tbe assailants were driven off.
though not until after a sharp battle, the marks w
which were evident about the premises yesterday.
Tbe police arrested Joseph Mnrray, Jame< Gabon,
Dennis Desmon and .Ismes Crowley, on suspicion of
having participated In the fttone^ and other
missiles were round In their pockets, going to prove
their culpability.?Ifttc Haven Courier, June 26.
Tt ~ Vcw Ynk t:cj>, lravr;ita tbe ncwerj'Qi
fl.W*ll, of tbe K<>w Tork Centra) Railm*4, ns from
.Sytnevfe to Uo<h?n*sr, * riu'srcsnf * gbtj ?(* ??Im, itv
ninety sis ntuntea. r.u I ric ?T This ?? tbe uitMtlvt>
ti'.ttg ob record, lw m greet a uUUnca,