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ings 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 butt-end of my pistol; at the time of his arrest he had upon him the ticket of the ear-rings. Alexander Barnard, a pawnbroker 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 pawned articles of jewelry with me; he pledged them in the name of Mrs. Bethune. Mr. Howe here requested that the pawnbroker 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 a
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