The herald., 1837-02-22

Afterwards as was RETURNING from The Police ONCE;
returned te the Police together; did not get as
sistance onmy first application at the Police; there
being no magistrate, the officers would not act with
ous orders; BOsrck wes standing gisA his coat but
toned %; he said nothing 10 me; 1ythe merely put
out his orm, as Ihave stated he did not use volence
Ipesane he could have knocked M down if he had
wished.
Police officer welch, examined by Mr.. PhnnixL
went TO the Herald Office the evening OF the af-
fray; A. NJ C. Smith and Wadron, police officers,
went also with me; saw Bell, Hamblin, Boerck
and several others in the back room; Hamblin and
bennet We're both sitting on chairs; Hambn had hold
much frightened; we told him we officers frsm
N me reice; In short time Hambln let 60 his hold;
BEL and others took Hambln away. -snf-
CToss-examlned, by Mr. Morrell-I think did not
bin bin bS Smith and no 60 up 70
force IN my presence, except holding his wrists The
Office was all in confusion. The papers were all
strewed about did not paperor pen on the desk.
/ did not take particular notice.
Cross Examined by Mr. Western desk mast
have been TO Benefits back. / heard nothing re-
specng an apology. knew Boerck II was light
enough to distinguish persons. Both Boerck and
Blythe may have been there, and not seen Them
Police officer Waldron examined by Mr.. Phoenix
When got to the Herald Office, l saw Bell, Blythe
and Hamblin there. There might probably be half
dozen people in the Office Hamblin had Bennett by
the two wrists.
By the Court am positive he held both wrists.
Examination resumed.-There were words passed
/ cannot say what they were. saw Hamblin go
away. Bell, Blythe and tn nix police officer Dunshee
led Hambln out through the door leading into the
passage of Clinton Hall. entered from Nassau
street others also entered by the way OF Clinton
Hall. .s.sos
Cross-examined by Mr. Morrell.-The door be-
tween the front and inner Office was closed; there
several persons in the front Office; Bell was in the
Lo.lr he. Issxrx AarnSr hrnn
should think that more than five six persons could
stand in the back room; did not see Esler or West
there; Burdett there; he came IN with me; there
might have been eight persons in the room when
came in; Bennett and Hambln appeared both TO be
agtated; Smith and the others went through the back
Mr. Burdett recalled and examined by Mr.. Phoenix.
Il should think person might unlock the Clinton
Hall passage door and enter from Nassau street in
minute.
Cross examined by Mr.. Morrell.-When first saw
the affray the middle door was open
Cross-examined by Mr.. Strang.-I saw Esler in the
reem with his pen in his mouth; did not see Esler
enter
BY Mr.. Monel-I did not see Esler hand Bennett
pen to write apology thought Eser was striv-
ing TO render assistance.
Examination resumed by Mr.. Phenix.-There was
no editorial chair office the chair OF Bennetts
desk was common rush bottomed chair; it was not
particularly fitted to the desk 1t was merely lower
than the other chairs ofthe Office
Edward Barnett recalled and examined by the
Court.
Ques-Bell came in with you Can you say when
yeu first saw Bell
: Ans.-When ] first saw Bell he was coming from
Broadway and was going to Broadway; am sure
Bell was nearer Broadway than Clinton Hall; Bell
was on the Clinton Hall side when first saw him.
Cross-examined by Mr. Snang.-l heard cries Of
kill him. from the outside after was in the Office.
Crossexamined by Mr.. PhGnix.-There were not
number of persons on the Beekman street side; they
were on the Nassau street side.
Ques.-Was there an arm chair in the Office?
Ans.--I have been told there is not-my impression
still is there was.
Qucs-You have stated Bennett had a pen in his
hand TO write an apology Hambln holding the other
Do you stih swear to that fact.
Witness-(after some hestaton)- do.
Motion to decide upon Bells case At this stage Of
the proceedings overrubed by the court
A. NJ c. Smith, called by the COURT went
through into the office by the Clinton Hall passage
way; i saw there Bell, Blythe and Hambln; there
might have been more: saw Borerk in the passage
way not in the room; did not hear what they were
sayings Hamblin had hold Of Bennett Jerking him VI
oently; Bennett said nothing-he appeared 70 be too
exhausted to talk; Bennett looked very pale; did
net see the skin of his face; il might have been efE
and not it, the papers that had been written on
scattered about on ths desk; some might have
been white paper; Boerk might have been in the room
when l went in; he possibly may have been in the
room; cannot say he was or no. .o N.
BY Mr.. Phoenix-Bennett was not In q situation to
be able to write; first, from Hambln having hold OF
his wrists, and also from exhaustion.
BY Mr. Western-I was in the office when Bennett
came TO make his complaint. did not particularly
regard him.
Daniel ii. Thompkins, examined by Mr. Morell.
was the Secretary Of the Grand Jury, and took the
minutes. They were taken down the next day fror,
recollection. Witness looks ever the minutes. The
witness then said do not think these minutes con-
tain the whole. Minutes refused as evidence.
Mr. Rurdcu offered an explanation respecting the
mention Of names in the Herald office ksler did
name Bell iu speaking Of the robbery, and Gatield
said [" he is not d-d bit too good to do it."
Western wished his honor to depart from the usual
manner of summing up Of counsel, in order togTt
them better opportunity Of reply.
The Recorder said il un wise to change the usua
practice Of cur courts. think this should moi
have been brought here at all. never will, when
can preventit allew our criminal courts be made
handle of for private malice therefore must refuse
tho application
Mr. Western was wingto submit the case withou
technical assault and battery respects Hamblin
and as TO riot it could not possibly be made out Tt
constitute riot preconcert of at least thTec must b.
made oot presume in this case no such preconcer
exists
Mr. Phoenix said, beg to differ wkh the lcarnes
counsel consider quite the opposite from what b,
considers we shall have difficulty in making out
preconcert between these parties l cannot con
sent TO any departure from our usual practice.
The court and jury now had recess ofhalf an hour
Upon their return into court after few preimInary
observations