Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-09

whers he offered him ssareTs rent (25 doIlars) he.
prisoner, would vote "the Clark ticket for the sfics
Of Mayor.
Counsellor Shays testified that the prisoner came
into TammaDy Hall, during the election, and enqur-
ed for Mr. Livingston, 10 whom he said he had an Ina
poriant statement make, and related the facts au
ded to by the District Attorney After some dellbcra
ton among the committee, witness rev out the anil
davlt the suggestion Of the general committee and
the prisoner went out with Chas. G. Woman, and
swore u it. The affidavit was brought back after
II was to Burke did not return with the mes
senger, G. N. Ye0man; and witness does not know
that prisoner had any thing to do with the printing
or circulating of the handblls containing the afii-
davt.
Mr.. Warner testified that he administered the oat h
to the person who signed the affidavit but could no
positively identify the prisoner as being the same
man. Witness merely administered the oath; did
not see it sgned it was handed to him by Mr.. James
L. Brady with the signature upon II. Witness ask
ed Mr.. b. why he did not swear him, and he replied
that he did not like to sign it, or that he had not
time.
Mr.. Shays identified the prisoner as the same who
dictated the affidavit.
James T. Brady testified that the prisoner signed
and swore to the affidavit in his presence, and cor
roborated The testimony in other respects of Mr.
Shays.
Nehemiah Baldwin sworn-Knows prisoner he
wasa crate setter the time of his arrest and resi-
ded at PIG Broone street.
Aaron Clark sworn-Is the person referred TO in
the city, and was up for reelection.
Mr. Whiting district attorney, offered to read the
affidavit, which objected TO by Mr.. Strang, who
read Slarkie evidence, 949 to support his posi-
ton. 1t was there laid down, he commended, that
writing or printing Is not libel unless the publish
ing was made out, authority gwen TO an agent 10
publish, neither of which, he said, had been proved.
The committee, he said, had committed verbal
SANDER TO writing and caused it to be printed without
the quest or appreciation of the prisoner. IL was
M
soner had made the mmttee his agent for publish
ing the libel beforei it could be read TO his prejudice
The court decided that although the prisoner might
not have written or printed the libel, telling or read
ng II 10 others was publication.
Charles N. Woman, sworn.-Went with prisoner
with affidavit to the Clerks office TO be sworn
went from the COMMITTEES room, Tammany Hail, at
The request of several gentlemen the word Esq"
afier Aaron Clark name stricken out before the
paper was sworn 10; witness suggested striking out
The ESQ thinks the affidavit 10 now in the same
condition II was then, except the word Esq, and
that he cannot recoect; it was read to prisoner, at
equest of Witness in order that he might understand
Il; after prisoner to IT, he went 10 the office Of
the New Era with IT, in company with witness, to
have il published in the paper. and in the afternoon
The hanebilIs printed and posted prisoner wish
ed 10 have published and said ne was advised to DO
so by his brother, Catholic clergyman.
The Dist let Attorney read the affidavit, and the
counsel for the prisoner admitted that il entire
y false. The course pursued for the defence was,
hat the prisoner was impaired IN his mind from an
injury he had sustained his head by the falling Of
, lck upon him. The injury was so severe as to
Ter II necessary to remove portion OF his scn and
hat he had been confined in lunatic ASYLUM IN Ire
and for the space Of l3 months. That he has fire.
lnent intervals of insanity, which brought on by
lnost every temporary excitement; and IN support
u these facts various medical gentlemen were cited
Is authority.
Francis Rim, sworn Has been acquainted with
Burke about two wears; they were employed toge'h-
y at the corner Of John stree. and broadway; saw
Inn The second day Of the election between IL and
o'clock; he appeared then to be insane; has fire.
lrently seen him act if he was crazy; be was
inder the influence of liquor at that time, and
blamed of pain in the head.
Had felt prisoner head al his request before the
elections there appeared TO be injury 10 the bone;
prisoner told him there was plate OF silver on III
yer knew anything against the prisoner except IN at
ne would sometimes drink ltile 100 much. Liquor
affected the prisoner differently from other drunken
talked al random, running from subject TO
subject; alludng Of his former life, sudden
" breaking off and speaking of something entirely
iirreRt He said il was not the quantity OF liquor
he drank that affected hns, but the pain in his head;
never heard him say anything about politics or the
.lec'io
Patrick Gilhooey testified that the prisoner was
out Of his senses-ihe cause he did not
now; has him in that state several times; he
was the habit OF telling contradictory stories when
he excited, bat wnen he was sane, he never knew
The prisoner to tell untruth; thinks these crazy fits
we're brought upon him by drinking; the prisoner was
strictly honest man, and witness Is confident that
he would never have done what is charged against
hun if he had been in his right mind; never heard
him talk poucs-hc is not q citizen.
Isaac b. Graft, swsrn.-ls surgeon and MUSICIAN;
hiss examined prisoners head; in two places there is
depression in the table Of the sku from feeling the
places II appeared that portion Of the skull had
been renewed, and hat il had been occasioned by a
blow; prisoner mentioned 10 him that he had received
the blow by the falling of a scaHodiDg; that he had
said that he IN a HOSPITAL in Ireland in conse-
quence of this injury. Ii must have been very &C.
we're blow. as it fractured his skull; that blow would
very probably leave an effect afterwards, which a
81 ght excitement would render painful. The prnc-
pal depression the upper par, the forehead
side, and some wh Il farther back, besides la
ceraipns of The scalp. / could not Judge whether
plates had been inserted into the head; the surface
appeared uneven; qIor or any exciting cause would
be likely To shew itself in his case. Examined him
yesterday.
Dr. James McD,nal sworn-An injury to the
q1ent cause, however. Mental or physical excite
prejuce a temporary arrangement. Mononania is
Jury the head meh act a. predisposlng csasc Of
Craft in respect to tho appearance Of witnesses
head.
VIM. Mcdowell sworn-Knows prisoner lived in
same house with him; prisoner Is subject 10 com
in The head when he gets drunk; thinks II
akes LEES qror TO affect prisoner than would other
D. oph; prisoner had told witness that he got the
A