Morning herald., 1839-07-01

Mr. Edmonds.-Never mind it is immaterial
butt end in "a augh)
1 Wimess-l took some money and gave it to Mr..
! Ahcrn.
| CounseL-Then sir, you can stand on ono side
| John Ahern, examined.-I got some money from
the last witness, which handed to Mr.. Crooke Ii
was two thousand dollars in all, and had a memo.
| randa given to me by Mr. Clark at the same time I
| balance afterwards from the parties.
Mr. Edmonds.- Did you not, sir, get some of this
| money from Hoxie!
Mr. O'Connor-Sir, you did not make this bet, 50
don't tell the witness what to say; wish You had
made il and lost it.
Mr. Edmonds Sir, should have done just my
client did, and would you.
Mr. OConnor.-Sir, you may SANDER yourself if
YOU please, but take care what you say about me.
Mr. Edmonds.-Oh! its ne SANDER.
| Witncss.-I held the money for some time, and
then paid it over 10 Mr. Crooke, but did not tell him
the terms Of the bet; he called for the money and
paid il over.
Counsel.-What did he say?
Witness.-I don't recoect, except that he called
for the money.
Counsel.-Did he say he was the stakeholder!
Wness.-I cannot say; but gave him the money
gave the deposit Of $500, and the cheques were
| for the balance
Mr.. O'Connor.-Dd you, sir, keep any memoranda
| OF these occurrences!
Witness.-No 1t was, as / recoect. month
pre- vious to the election; but think received the
/ sI 800 on the Ist of November; Merritt and Iloxe
i
two hours Of each other. | paid it to Crooke about
three days after; the election had not commenced
hen l gave it to Crooke; acted under Mayor
Clari's directions when Merritt and HoXie were not
present; am certain that Merritt sand any thing
i about handing the money to Crooke. The nem0ran-
da made about the same time as the first depo-
sit am certain whether Hoxie and Merritt
| were present when the memoranda was made; de-
/ stroyed it after had given the money up.
! Aaron Clark recalled was the Mayor of the city
at the time this bet made; and the last witness
was the first clerk in my office. i understood at
the time that the parties had made bet respecting
! the Gubernatoral election, and they wished me to
take the deposit, it would be more convenient for
them retain the balance until within few days OF
the cton. Well very oughtlessy accepted the
money, but the next day repented, and requested
to be relieved of the deposits never received any
thing but the $500, and know nothing subsequently
i to my giving the money up. Mr.. Ahern perfectly
well understood that would take no further trouble
about it. The memorandum made was very i'm
perfect and only for my own satisfaction
| David S. Caatlied examined.-I am clerk to the
/ de lendant in this suit. / remember seeing the
plaintiff in Office before the result of the election
was known. lie did not see Crooke at that time but
| he left message for Creoke which communicated
| to him. Plaintiff said he wanted to Crooke about
the bet and that to tell him not to pay it over
| believe plaintiff did not assign any reason He
/ said nothing about affidavit. | delivered the
message to Crooke, as think, before the election
was known.
Mr. Edmends-Durins the three days Of the cleo
! ton was Crooke attending 10 his business?
Witness.-Oh! no, he was attending only TO the
| election.
Mr. Edmonds.-well, where was you, sir, during
| these three days!
Witness.-Oh! was attending 10 nothing but the
election.
Mr.. Edmonds. Well, sir, have you any Of
fixing the time Of Mr. Nerrits call, or even the day
! o( the week IL was!
! Witness-No; it was no concern Of mine, but
| told Crooke what Merritt said, and that is all re-
member
| had received previous notice from Merritt!
Witncss-I don't recollect any thing about that.
/ Counsel.-Did any thing occur when you gave the
Witness-Why, I remember, he said he under
stood 1T.
By O'Connor-I did not know that Crookc had
$4,000 in his hands, but may have heard HIM say
Mr. OConnor.-Pray, Sir, at what place in the city
did you expend your patriotism during the fall eiec
tion?
Witness-Oh, all over il. Atal the wards.
OConnor.-W Which candidate did you espouscf-
But mind you are not bound to answer that ques-
tion!
Witness.-Oh l went the whole hog for Marcy.
O'Connor.-Wall, Sir, how did you feel when
| Merritt came abou, the beil
| Witness-N hy, suppose felt much as all 9TH
ers did of our party-pretty badly,
| BY Mr.. Edmonds.-As nearly rs l can recollect,
I thought that Gov. Seward was elected at the time
| when Merritt called.
/ Andrew Warner examined.--I was served with
a subpoena this cause, bs', no fees given
me- 1 did not thluk IL incumbent on me 10 attend.
4 Mr.. Edmonds--N ell, SlF, never mind that-ud
you draw affidavit respecting this bctl
i Wness-I did II at the insugation nf Mr.. Hoxie;
but cannot find IL now The pusport Of II was that
d bet had been made between the parties. And II set
forth that Merritt had betted that Gov. Marcy would
receive 5000 majority, and he to swear that he
would not sue for the money back 1 gave Merritt
4 one copy but Hoxie's lost. 1 drew the original
4 al the lnsii.ation OF iioxie
! Mr.. Edmonds-Is that paper one Of the copies you
madel
/ Witness--Yes and that is in my hand writing
Edmonds -Wh here dad YOU get the facts from, that
are set forth in that paperl
/ Witness Why had them from Mr.. Merritt, and
he expressed his willingness 10 swear TO IL; but
! fIoxic did not either sign or swear
i Cross examined by OConnor.-I am in the employ
\ of IIoxie. The paper gave to Merritt drawn
! in October, buDI don't know when h. signed IT.
/ Merritt and Hoxic did not together about il.
asked Merritt il he approved Of the form of the af
fdavit, and II there was any insult conveyed IN II;
\ he did not discover IL then. do not remember
have | any personal knowledge OF ioxic's paving
over the 5000 but my impression is that at the time
this paper drawn, the bet was not -nsummated.
The plaintiffs counsel here rested, and Mr.. O'Con-
nor called Albert G.. Lawrcncc.--Witnesskn knows the
| PARTIES but was not present when the bet made.
Was present once before
| Plaintiffs Counscl.-That wont do sir
| Court.-Why you have the affidavit before you,
/ and that shows the terms of the contract.
! Mr.. O'Cennor.-Very well then, Wen 20 10 some.
thing else.
David s. Chaticld recalled by defendant. Il don't
know when the declaration in this action served
| a n Mr. Crooke.