Mr. Hutchings opened the case for the people in a fair and temperate speech, stating that he was instructed that he should be enabled to establish a clear case of larceny against the defendant, who then stood indicted for having, on the 19th of October, 1868, at the city of New York, feloniously stolen, taken, and carried away, one pair of diamond ear-rings of the value of $400, the property of one James A. Lynch.
Mr. Hutchings then called Mrs. Eliza Bethune, who, amidst breathless silence, was sworn, and testified that Hemmings was observed by her daughter purloining the ear-rings from her boudoir drawer on the day in question, and that immediately she was informed of the larceny she had sought out Hemmings and ascertained that he had fled to Pittsburgh. On inquiry, she had also traced the missing jewelry to a pawn-office kept by Mr. Barnard, at No. 404 Third avenue, where the articles were pledged by Hemmings. She also went to Pittsburg with Detective Young, and the pawn-ticket of the ear-rings was found on Hemmings, which she took from him. Mrs. Bethune further stated that the officer then handcuffed the prisoner and brought him on to this city.
The witness was then subjected to a rigid cross-examination by Mr. Howe, who propounded questions as follows:
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.)