Morning herald., 1839-06-28

planth IN our once before the result OF the election
was known. He did not see Crooke At that time but
he left message for Crooke which communicated
to him. Plaintiff said he wanted to Croeke about
the bet and that to tell him not to pay it
believe plaintiff did not assign any reason He
said nothing about affidavit. i delivered the
message to Crooke, As think, before the election
was known.
Mr. Edmonds. the three days Of the elec-
ton was Crooke attending to his business?
Witness.-Oh! no, he was attending only to the
election.
Mr. Edmonds- where was you, sir, during
these three daysl
Witness.-Oh! ! was attending to nothing but the
election
Mr. Edmonds. We'll, sir, have you any means of
fixing the time Of Mr. Merrtt's call, or even the day
Of the week it was!
Witness.-No; it was no concern Of mine, but
told Crooke what Merritt said and that is all re-
member
Counsel-Did you, sir, hear Crooke say that he
had received aprevious notice from Merritt!
Witness.-I don't recoect any thing about that
Counsel-Did any thing sccur when you gave the
message to Crookef
Witness.-Why, remember, he said he under
stood it.
BY OConnor.-I did not know that Croeke had
$4,000 in his hands, but may have heard him say
Mr. O'Connor.-Pray, Sir, at what place in the city
did you expend your patriotism during the fall eiec-
ton?
Witness.-Oh, all over it, At all the wards.
O'Connor.--Which candidate did you espousee-
But mind, you are not bound to answer that ques-
ton?
Witness.-Oh went the whole hog for Marcy
O'Connor.--Wsll, Sir, how did you feel when
Merritt came about the bet?
Witness s.-Why, suppose felt much as all 9th
srs did Of our party-pretty badly,
By Me. Edmonds.-As nearly as can recollect,
thought that Gov. Seward was elected at the time
when Merritt called.
Andrew Warner examined-I was served with
a subpoena In this cause, bat no fees were given
me, did not think it incumbent on me to attend.
Nr. Edmonds. Sir, never mind that-did
you draw affidavit respecting this bet?
Witness.-I did il at the instigaton cf MIR. Hoxie;
but cannot find it now. The puport Of il was that
bet had been made between the parties. And it set
forth that Merritt had betted that Gov Marcy would
receive 5000 majority, and he to swear that he
would not for the money back. l gave Merritt
one copy, but Hoxie's lost. / drew the original
at the instigatOn Of ioxie.
Mr.. Edmoads.-Is that paper one of the copies you
made!
Witness--Yes, and that is in my hand writing.
Edmonds.-Where did YOU get the facts from, that
are set forth in that paper!
Witness Why had them from Mr.. Merritt. and
he expressed his willingness to swear to 1t; but
Hoxie did not either sign swear.
Cross.examined by O'Connor.-I am in the employ
of Hoxie. The paper gave to Merritt was drawn
in October, but | don't know when he signed IT.
Merritt and Hoxe did not come together about it.
asked Merritt if he approved Of the form OF the at
idavit, and If there was any insult conveyed In 1T;
he did not discover II then ! do not remember nor
over the 5000, but my impression is that at the time
this paper drawn, the bet was not consummated.
The plaintiffs counsel here rested and Mr.. O'Con-
nor called Albert q. Lawrence. itness knows the
parties but not present when the bet was made.
Was present once before.
Plaintiff $ Counsel-That wont do, sir.
Court.-Why you have the affidavit before you,
and that shows the terms Of the contract
Mr.. O'Csnnor.-Very well then, well 60 to some
David S. Chatfeld recalled by defendant II don't
know when the declaration in tins action was served
on Mr.. Crooke.
Mr.. O'Connor.-Then, gentlemen, have nothing
further to offer, but shall say few words to the
jury. Oh, ] beg pardon; want to ask Mr.. Chat
field where Mr. Merritt resides.
Witness.--Hc lives at Brooklyn, and is attor-
ney and counsellor al law in this city. He has been
in practice since 1882 1888. Hoxie is the Clerk
Of the Court and not an attorney at law
Plaintiffs Counsel.-Do you know where Hoxe
was previous to the next election
Witness No.
Counsel.-Then you don't know if he was earning
his salary by going apotical mission to the nte
rior Of the state
Witness No.
CouoseL-Do you know il he is in the habit Of bet
ting at elections.
Winess.-I know nothing about his habits
The learned Counsel on both sides then addre ssed
the jury, and used all the vituperation the English
language admits Of, the part Of their respective
clients.
The Court said that the case before the Jury re-
quired but very brief charge; for the Law very
plain: and for the jury 10 decide 10 the few
facts, according TO the principles of the law.
The Counsel on both sides had pei mtted themselves
Ia get exci ed and had great and
but such feeling could be permitted
to reach the Court. aad the jury would throw out
Of their and decide without fear favor
or affection, The action was brought 10 recover
from the defendant sum Of money which he held
as stakeholder. The statute law Of this state rcnders
entirely nugatory all wagers the event Of any
election, and gives the party the right 10 recover
e money they may have deposited with the stakehol
der, whether the stakeholder has retained it in his
possession or net.
We find the law $ on the statute book and so long
as II remains there the Courts will enforce IT, With
out doubt IL passed for the purpose &c securing
the purity Of elections but the objects Of the Lcgs
lature were entirely unmportant, for we have mo-
thing 10 do with the policy Of the law but obey it,
II the plaintiff has made il appear your satisfaction
that he deposited the money with the defendant on
an event dependant the last election he has right
To recover " with interest from the time the plain
tif notified him not to pay it, your verdict should
be for the plaintiff, you will have right say whe-
thcr any such affidavit was necessary TO make the
wager valid, as the counsel read 10 YOU.
The Jury returned a verdict for 81 600 damages
but gave interest or costs, the plaintiffs coun
sci had said he did not ask for them.
a. Chambers.
Before the Recorder.
JUsH H-7ne Induction Case.-The court room
was again crowded with ladies aad gentlemen TO
hear the details Of the matrimonial squabbles be-
vyaa Mr nd he los rnedc al