Mr. Howe: Are you married to Mr. Bethune?
Mrs. Bethune (imploringly to Judge Russel): Am I compelled to answer that question?
Judge Russel: Mr. Howe, I have already ruled that these kind of questions are improper.
Mr. Howe (with pertinacity): Your honor, I desire to show that this witness is not the wife of Mr. Bethune; and I contend that, in justice to my client, the question should be answered.
Judge Russel: I rule it out.
Mr. Howe: I take exception to the ruling of the court, and will now put another question, namely:
Is Mr. Bethune your husband? (Sensation in court.)
Judge Russel ruled the question inadmissible, and exception was taken.
Detective John Young, of the Eighteenth Precinct Police, was next called, and deposed: I am connected with the Metropolitan Police of this city; I was sent with a requisition issued by Governor Fenton to Pittsburgh to arrest George Hemmings for grand larceny; I went there with Mr. and Mrs. Bethune; I took Hemmings into custody at the Pittsburgh Theatre; he made a violent resistance, and scuffled with me; I was necessitated to handcuff him in the cars; he became very abusive and threatening; in fact, so much so, that I was compelled to hit him on the head with the b.u.t.t-end of my pistol; at the time of his arrest he had upon him the ticket of the ear-rings.
Alexander Barnard, a p.a.w.nbroker at No. 404 Third avenue, was the next witness, and said: I know the prisoner at the bar; he pledged me with two diamond ear-rings on the 20th of last October, which Mr. Lynch subsequently identified as his property.
Cross-examined by Mr. Howe: Hemmings has frequently p.a.w.ned articles of jewelry with me; he pledged them in the name of Mrs. Bethune.
Mr. Howe here requested that the p.a.w.nbroker should be directed to produce his book in order that the jury might see the dates, the production of which the counsel insisted would entirely contradict Mrs.
Bethune"s testimony.
The book was subsequently produced, and Mr. Barnard testified, on further cross-examination by Mr. Howe, that Hemmings had pledged with him a watch belonging to Mrs. Bethune on the 17th of November, being _nearly one month_ after the date the ear-rings were pledged.
Mrs. Lynch proved that the ear-rings were her property, and that she had loaned them to Mrs. Bethune.
Mrs. Bethune now took the witness stand, and she was asked by Mr. Howe how long she had known Hemmings, the prisoner at the bar?
Mrs. Bethune: About twelve years.
Mr. Howe: Where did you first become acquainted with him?
Mrs. Bethune: At Philadelphia; I was employed in the United States Mint, and we boarded together in the same house.
Mr. Howe: Did you subsequently come on to New York with him?
Witness (hesitatingly): I did.
Mr. Howe: Were you on terms of peculiar intimacy with him?
Mrs. Bethune: I was not (sensation in the court): we were friends.
Mr. Howe: Was it not at your solicitation that he was taken to live in the same house with yourself and Mr. Bethune?
Mrs. Bethune: Yes, it was; but I merely took him in out of charity, as he was poor and had no clothes (sensation in court).
Mr. Howe: Did you ever stay at the Washington Hotel in this city with him?
Judge Russel here interposed, and informed Mrs. Bethune that she need not answer that question.
Mr. Howe: Did you not visit him when he was employed at A. T. Stewart"s store in this city?
Mrs. Bethune: I did; but I got him employed there.
Mr. Howe (aside): Compa.s.sionate woman (laughter). Now, Mrs. Bethune, through whom did you get him employed at that store?
Mrs. Bethune: Through Mr. Griswold, a gentleman of my acquaintance.
Mr. Howe: Did you not know at the time you had Hemmings in your house that he was a married man?
Mrs. Bethune: I did. (Sensation.)
Mr. Howe: Have you not been to the Whitney House with Hemmings?
The court also decided that witness need not answer that question, whereupon counsel took exception.
Mr. Howe: Have you not frequently been to the Chanler House in this city with Mr. Hemmings?
Question overruled.
Mr. Howe: Did you not receive visits from Hemmings in East Fourth street, in this city?
Mrs. Bethune: Am I bound to answer that question?
Judge Russel: I overrule that question, and you need not answer it.
Mr. Howe: Did you ever live in a house in Lombard street, Philadelphia, kept by a Miss Graham, and did you ever meet Hemmings there.
Mrs. Bethune (indignantly): I did not.
Mr. Howe: Did you ever introduce Hemmings to any person at Saratoga as your brother?
Mrs. Bethune (reluctantly): Yes, I have. (Sensation.)
Mr. Howe: How many times have you given Hemmings your jewelry to pledge that he might have money?
Mrs. Bethune: I never gave him permission to pledge any of my jewelry.
Mr. Howe: Do you mean to swear that he has never pledged any of your jewelry prior to the present occasion?
Mrs. Bethune: Yes, he has, but not with my consent. (Sensation.)
Mr. Howe: Was that whilst he was living in your house?
Mrs. Bethune: It was.