Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-05-07
County Court.
Present-the three Judges of the Common Pleas, the
Recorder and Aldermen.

Of the Special Justices c-At half past III O'Clock
the Recorder and the Court were ready to proceed,
and the District Attorney called Russell Moore to
the stand
District Attorney stated that you made the
arrangement to so to the store in Dey street with
Homan State where il was made
Witness.-At the corner of Reed and Broadway
We merely agreed to the time and place, and set
our watches to be there AT the right time. We
agreed that Seeley should be arrested, and that
should be let out, as they came right in. might
have gone by the back stairs, or any way liked
BY Judge Ulshoefer-Ih had been there previously
BY District Attorney had no other transac-
tons with Seelsy knew nothing of him until this
arrangement with Holman. One Demar knew Seely,
and 1 knew Demar-so went to Seeley and told
him was friend of Demars of the name of Ro-
gers. had also note from this Demar to Seeley.
District Attorney-He is your witness, gentle
men.
BY Mr.. Cutting-Seeley and were Il g only two
persons in that store, at clock that night Homan
agreed with me that might so out at the back win
dow. There was NO other arrangement and Holman
expected that should 90 out at the back window.
My reason for changing the place was that thought
1t the easiest way and would save time; did not
open the back window in that store. l staid
outside, .ecause could Seeley come out with
greater facility. Holman knew that was not to be
arrested, bun they did not want to be present.
had no apprehension, and nothing induced me to
change the place but the AGILITY OF escape. 1t was
the easiest way Of coming out. do not remember
ever saying that fearful of arrest, if went up
stairs to get ont of the window. That was not the
OBJECT never was AFRAID OF arrest. i do not
rccollect ever saying that afraid that Merritt
would arrest me if ! staid inside. The agreement
was made with Homan. never said was afraid of
Merritt cant swear that Merritt me, but
him.
BY Judge Ulshoeffer-I saw Merritt and he could
have me if he had liked.
BY Mr. Cutting-There was a light, but do not
know if he recognised me- When opened the
on the side walk, until Sparks go in. l did
not run away after that walked up to Broad
way. There was little humped-back man stand:
ing looking on l saw no enc else but this little
man and the officers. knew Charles Stearns.
l got acquainted with him the same cell in
which was confined. We talked about this af-
fair of seeley never told stearns that Merritt
could not have seen me go out, or that l altered
the arrangement about the back window out Of fear
of Merritt. knew of the name of Burdock
at the time Seelsy was arrested. may have gone
by that name myself. If there was any Burdock
in the place, am that person. After my escape
met the officers, and spoke to Merritt in Broadway
Sparks was with him, but am pretty positive l
spoke to Merritt
BY the District Attorney. had some converse
ton with my brother before the of Seeley
corning that affair. did not alter my plans out of
any fear. had none, but my brother gave me
some reasons for acting in that way. My brother
suggested the doorway.
BY the Recorder.-I may have told stearns the
reasons my brother gave nae for coming out Of the
door, instead Of the window.
James Lynch, ex.-I was alderman Of the Sixth
Ward, in the year 1889
After this witness was sworn, it arranged be-
tween the counsel on both sides that the printed
"bill Of exceptions in the case OF" Smith Davis"
should be deemed testimony taken in this matter
de bens This would save the examination of
Mr.. Lynch.
The District Attorney then read some portion of
the trial Of Smith Davis.
Merrtt's counsel objected and their objections
were noted by the Court
The District Attorney here called the attention of
the Court to the testimony Of Solomon Sternes, for
he Ai hon, fha of Al.
dcnce given on that trial by Justice Merritt. Mr.
O'Conner objected, and long discussion ensued at
the end Of which the Court made the following rule:
F.,I, admissible is g prove es whole Of the
District Attorney WAS part OF that agreement, may be
also s Sa,. e the fact e repeated
T9sas, not aS%.Sls 70 prov. other offences, er
motives be .hswn by other corrupt
ITSELF on directly Connected With t.
eurrenee IN Dey street al which Merritt present are adj
miss,ble.
Mr.. Purdy did not concur in this opinion.
The District Attorney here made a long speech
to show that Moore should be permitted to relate
series of conversations which il alleged had
taken place between him, his brother and Holman,
Merritt and Sparks, in relation to burglaries and
other offences, for the purpose OF showing the quo
the trial Of Smith Davis
William Moore called and examined BY the Dis
trict Attorney. This witness is a twin brother to
the last, and he also convicted of the same Of
fence his brother, and both pardoned the same
day. was arrested in April, 1893, by IIomsn,
Merritt and Sparks man named Bane was with
me. was taken 10 a watch house, and in the
ing TO the police office. A man named Haines was
there, and Merritt asked him il he knew who ! was
Haines said, "Yes, William Meore." lie then
asked Hancs IL was the who gave him the
cheque; Haines said yes. Holman or Merritt then
said, Bill, you blown or betrayed don't
collect which. They asked me other questions, but
I refused to answer, and sent for counsel. After
this, Sparks took to the Old Brisewell,
and remarked "that IL was a bad case; had bet
ter try and do something for myself" Here the
witness was directed to say nothing but what
said by Merritt or in his presence i refused 10
say any thing at first, bnt before my examination
Merritt came 20 He told me he was going
down town to Pitcher, asd would return and
again. He did come, and gave me three or
four dollars out Of the money he had taken from
al nv arrest. He also said had better do some
thing for myself | said could get clear. He said
no; unless went TO work and did some hing for
myself, must 90. said should not have the 9TH
men taken, bat told him that IL he would show
me how might get along would do any thing else.
He must tell how the authorities could do me, and
hen would 20 to work and do something for myself
He then told me they had good deal more against
me than knew 81. or suspected. He said there was
charge Of stealing spoons was arrested for a for
gerry on the Bank Of N York and some other things
think there were four charges altogether did not
know then that the spoons had been found, but when
! knew IT, concluded they might possibly bag me.
Well, Merritt asked me If could not do something
that would be pretty large pretty nice. told
him possibly might: and he then asked me IL
could not de something in the queer tuae. said
perhaps might; but should like to see my broth
and Sparks along with him. I was then remandcd
TO BeIleyue, where Merritt saw me and asked {" how