Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-11-22


Nov. 2.-TIai Of BrigAt-Fourth Day-His
hsnor the Recorder, decided that Mr.. Preston, the
prisoners counsel. must go the stand and be ex
amIned 3: witness on the part Of the prosecution;
he, on certain day, did see watch and gold coin
which the witness, Albright, spoke Of in the pos
session of Justice Ridgey." After much beating
about the bush, the witness said on certain day,
went to the sheri's Office and saw the deputy sheriff
with watch in his hand II was the first time
ever saw that watch" "On certain Cay went to
for the Of Bright his (Bright's) watch, money
and clothing, which l insisted had been illegally
taken from him. Ridgley replied to me, "he had
received the articles IRON Ap,iEn anu Sonsae ..;
che was in the habit Of returning property to the
hands from which he received i'll remarked that
considered il an outrage on the rights OF citizen
to take property out of his pos session which no per
son laid claim to- That possession OF personal chat
tells was evidence of ownership. The justice said,
81 had better see Albright He stated that ..the
watch and gold coin referred to at his dwelling
i house, which distant nearly mile, and it had
been there since Albright had given it to him."
told him Bright was in suffering condition; unex-
pectedly in prison, and stood in need OF neoessares
legal aid, etcetera He repeated that he gave
up property except to those he received it from,
and that he could do nothing except with the sane
tion Of Albright then told him that if he thus
persisted in retaining Brights property, recourse
would be had to law to obtain legally what he had
taken illegally. left him fully convinced that he
was sustaining an outrage. As the case involved
experience, sought the advice of other counsel
much older than myself stated the case, and in con-
junction with him ordered replevin. This did,
pursuant to the express orders OF Bright, who de-
sired that all legal means might be used to obtain
restitution Of his property. The repevin was taken
and executed"
District Attorney. Who was the attorney in the
Preston Henry Stubs. presiding Judge of the In
solvent Court.
Testimony resnmed.-As I was saying, the
doa 81 ~ xrif n wat in i not
see that watch in the hands of Ridgey.
ID. A. Was that officer the one to whom the pro-
cess had been delivered!
Witness. That officer was present; but whether it
was his hands in that Of another officer, can
not say. Ridgiey was present; the watch was
gold watch, at least heard the officer say So
ID. A. don't ask what the officer said
w. am giving You exactly what you want.
ID. A. don't want conversations.
w. Well, saw watch there, but not in Ridg-
ley's possession, and Albright was not there
D. 4. Did you see the gold in Rdgl-y's posses
sionl
p WE'LL now, must suspend my functions Of wit
ness for little time, and resume my duties OF
The learned gentleman then went into detail OF
the circumstances attendant on Brights arrest,
which, he contended, was entirely illegal. At the
close Of his argument he testified that he saw Rdg-
ley with some gold. and apparently counting IT out
to the sheriff.
D. How many pieces had he in his hands.
srl
W. / could arrive instantly at the aggregate sum,
but you ask " in his hands.
ID. A. Well, then, on the table!
w. Why, eighteen or twenty pieces saw one
which cescsived to be whole douboon
ID a. Do YOU know 10 whom the sheriff delivered
those doubloons which he got from the sheriff.
w. told you I would give you all you wantcc
and was going on when | was stopped
ID. A. only want answer to the question
w. Well, do know.
w. The court will perceive an explanation to be
here necessary. The owner not being present, IT
was given 10 his counsel, and by him given over to
Bright, and his receipt taken Tor Il.
ID. A Who the sureties 10 the rePie'h'
w. Why, both the counsel TO the Dond.
ID. A. Was you in a carriage with Albright where
there was trunkl ..;u
ING wearing apparel, belonging to Bright
Here the witness related the story 81 going to the JAIL
in nearly the same words as Albright AND concluded
bv saying " that he saw the trunk gwen up 70 '"e
D. A. Did You examine il to see il it had been
broken openi
CAPTAIN Richardson recalled by the prisoners
O Did NOT man run away from the ship the day
before ysu sailed and just before you were ready 10
a Whv. our Jenny Ducks" did run away,
but cant tell the precise day, though the log book
viii n'0r Wh sas cuisines. wa. il to keep the log
w. The prisoner.
p Ia a log kept in Portl
w always did when was hrst omeer, anu
have told nv officer to do so. 80.
r. will ask you &c it was not necessary IN goirg
"a the private apartments 90 pass through the mate
roomf
w II was not necessarily. nor generally the prae
t,ee although there is passage through both INTO
NV room and the mates. -. --...-
Richard Petit, negro, called by the prosecat,on.
Witness was steward on the voyage IN whcn br'ght
was first officer He occupied the hrst state. room
on the larboara side of the house on deck. Cannot
tell IL the door was kept locked ON the homeward
massage There was a key TO the state room, and
mate had it. Witness knew Of one "Jemmy Ducks
who ran away the day the ship sailed. The captain
and passengers left at quarantine The mate went on
shore before the captain returned. TX was IN the
Afternoon and he might have been gone two or three
hour.: cannot say If he went more than once
exani aed. Cannot say how many keys witness
had in his probably three or Tour dozen
Witness did not keep all the keys, but he did Keep
possesson Of all that the cauin passengers did not
ave- In use Witness never made IT practice OF
gony into the chief mates room, nor did ne see any
r. Tie other stewards. He never found the door
IacL.d Knows that the run had no fastening Re-
msmb, re- some pig iron getting loose and the captain
was obliged to get put IN the run several pack
agc. wsrs renewed to one Of the state rooms The
operation took up more thaa couple OF hours.
Cannot tell il Jenny Ducks assisted IN carrying
the mig iron. May have seen him at 81 tue round
house but cannot recollect seeing h'm IN tne caon
After the valuable packages had been PIT ~ NO 4,
that room was cleared out. and witness thaks they
were PIT in the captains room.
H.. ~lsw A. aggn. ~