Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-05-14
County Court.
MAY l3.-M the matter of Henry W. Merritt, one
OF the Special Justices, &c.

" Me opectat JUSTICES, Se.
| Zebulon Holman recalled by Mr.. O Conner Never
arranged with Moore that Seeley should be ermited
10 escape, if he suffered himselto be caught signing
| bills Had no knowledge respecting The nlodus
operand of getting Seeley bsiled did not inter in
that operation either directly or Indirectly.
District Attorney no applied to you to write to
he Sheriff of Hartford, about Beamerl
Witness-Why, it was in reply TO the Sheriff, or
alter hal received some letter from him, and con-
su tied you.
District Attorney-Ay! but did you write it in
answerl
Witness don't know. II is my impress
sion that received several letters
District Attorney.-Before you wrote that letter
and alter the affidavit, did any person come from
Haines9
Witness.-They did not apply to me
District Attorney Did not some one apply to you
respecting the Withdrawing of your affidavit against
Beamerl
WitDess.-I have no recollection.
District Atlorney.-Where were the original
pers at the time you showed me the extracts.
Witness In Mr.. Phenix's Office, along with his
clerk.
District Attorncy.-Why did you not show them
to mel
Witness We'll, spose did.
District Attorney.-Do YOU mean to swear that
you showed me that pspert
Witness can't say. you might have seen it.
District Attorney.-Did you not come to me after
the robbery at Malmazet and Smiths aad ask to
set down the trial of Hanes for the Friday in that
week.
Witness-Haine's trial was long before that rob.
berry
with the bailing of Seeley; ask you if GU did
not got the store of Seeley's brether and tell him
that he must come up and bail his brother7
Witness-Cant recollect that could have done
Here MIR. OConner made an objection, which was
settled to amount to nothing
When this disposed Of, some one said, ooh,
ne yer mind he is less than nathing' This re mark
the the Dis and he called
upon the Court to protect him, and then up Mr..
0 Conner and food Of Indignation wa. the result,
all OF which as before, amounted 10 nothing
District Attorney to Witness--Wcll, MIR. Holman;
we will try again, want you to say if you went
to Seeley's store, to tell him to come and his
brother?
Witness.-I went to the store in Dey street.
District Attorney repeat my former question !
Witness.-Well, never saw his brother.
District Attorney.-Did you net meet me at the
Recorders chambers when Seeley was brOught up
on Habeas Cerpusl
Witness.-I have recollection.
District Attorney.-Mr Holman. I've no furt
questions to ask you.
BENJAMIN +. Tompkins examined by O'Ccnner-
reside in the sixth ward, and first knew John Gour
lay some four or five weeks since in the Police
Office; know nothing about bis character.
Thomas Phenix examined-Was District Attorney
for three years preceding June, 1898. Knew officer
Holman Tor some time prsvious-perhaps twenty
years Before left office, have some recolle cton
OF William Moore being in custody. have tried
to bring my memory back in relation to his case
do remember young mai, by the name OF Haines,
and I received an intimation from some of the Off
GERS that he was "very green, and that some one
said he had been made dupe Of thiRk request
ed Calender at the desire OF Hanes father, take
down his disclosures in writing. That confession
implicated Moore and SEINE Others, which showed
Moore to be q notorious bad man. Moore, l think,
was subsequently arrested and kept in prissn for
time, but in what way he got discharged did not
know. have no recollection Of giving any opinion
on Moore's case. I have q very strong impre ssion
inf Lander lon ami Ipp IN he
sence Of that prisoners father.
OConner Now, sir, you say you have known
Holman fortwenty years What is his characterfer
Witness Il never heard aught against him.
Dist Au.-Dses the gentleman expect that the
testimony Of his own witness needs supPorting'
OConner-Why, it appears that every witness
whe comes here to testify aud has not graduated in
the State Prison. is to have his character impeachsd
Dist Att.-Sir that may be all very well; but il
the who ought TO have gone TO the State Prison,
has not met his deserts, that is no reason why his
accusers to be vilifed
District Attorney.-Was you ever consulted
the plan arranged for the arrest Of Seely9
Witness Il never was consulted on their plans in
any way.
District Attorney.-Did you ever know that the
arrest Of Seeey brought about by the agency Of
Moore1
District Attorney Was you consulted about the
baiing Of Moore3
witness have been trying to recollect but can
| not.
| District Attorney.-Did you tell either Of these
officers that they might authorize Justice Bloodgoo
| to take sham bail for Moore!
witness.-No, that would net have been in accor.
dance with my practice.
w H. Sparks examined by O'Conner X am a de-
puty sheriff, but was once police officer Was pre-.
sent at the arrest tHere the witness went the
oft story OF the arrost Of Seeley, and
that he never saw, touched, tasted or smelt, any
BODY come out al the door. lfany body soul came
out they must have vanished into the that night,
for they were intangible 10 the seven senses OF
this witness.1 After the arrest Of Seeley, me and
Merritt met Russell Moore by direction Of Holman
at the corner Of Duane and Reed streets.
Cross-examined-l was police officer for ten
wears. ceased To be one some time In October or
November, aud was appointed a deputy sheriff in
January.
District Attorney-Did you resign your Office vo-
unfairly
Here MIR. o Conner interfered, and insisted that
il was not proper question
Enquiry overruled
District Attorney-Was you removed from your
object
Objected to, but not evtrruled.
Witness was removed
District Attorney-By the Court, or the magis-
trate1
Mr. O'Copner-If he was removed by the Court,
IA is matter Of record, and that can be produced.
Witness-I am ready TO answer, Il I'm allowed.
MIR Cutting said he should object to the record,
because the matter was irrelevant.
tibe Court, after consulting together, decided that
Sparks must answer
'Wituess-As far as my memory extends, I believe
| I was removed by the Mayor. There was a some
thinr alb II a suspensioR by the Court
| Here MIR. o Conno- interlered and said the wit
| ness must answer nothiag more than the question
| Witness--l know no hing about any trial, but do