ectators, and when the prisoner was
called to the bar an immense throng surged to and fro to obtain a
glimpse at his features, and those of the accusing beauty.

City Judge Russel presided, and the Hon. Robert C. Hutchings, afterwards
Surrogate, conducted the prosecution.

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.)

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 Hemm