Mr. Howe: Was that whilst he was living in your house?
Mrs. Bethune: It was.
Mr. Howe: Why did you not have him arrested for so doing?
Mrs. Bethune: Because he cried, and I forgave him. (Sensation.)
Mr. Howe: Yes, you forgave your "BROTHER" (roars of laughter). Now, madam! will you swear that you did not give Hemmings your watch to pledge on the 17th of November last, nearly one month after he pledged the ear-rings?
Mrs. Bethune: I did not; I will swear that I never gave him anything to pledge after he pawned the ear-rings; I did not give him the ear-rings; I paid Kate Fisher the money with which to open the theatre, and not to Hemmings; I did not pay her in the Chanler House, in Hemmings' presence; I paid her on the street, the reason Hemmings went to Saratoga with me, was to take care of Mr. Bethune's horses (immoderate laughter); I will swear that I had not seen Hemmings since he took the ear-rings until I had him arrested; I did not arrest him right away, because I was sick; the ear-rings were not mine, they belonged to Mr. Lynch; I borrowed them from Mrs. Lynch.
Mr. Howe: What was your name when you became acquainted with Hemmings?
Mrs. Bethune: Eliza Garrett.
This closed the case for the prosecution, and Mr. Howe, for the defense, called Dr. J. Kennedy, who testified as follows:
I am a physician, and reside in East Tenth street in this city; I have seen the prisoner before. In October last, I saw him in a house in East Fourth street.