Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-12

Ieast eXanlne certain Wltntsses-
~ Is the usual eourse-the jude ious course-when
the persons implicated in AN offence are at large
wnen mere 10 reason to apprehend that Witnesses
VINO are large might etampered with, or instruct
ca, 10 make their examination private and keep il
secret until such witnesses are examined.
whsn the charge was made TO me, my Judgment
oictateo mat pubic justice required that the pro-
ceednSs should be conducted as secretly as passi-
Bile, because II the charges true and the Eyes-
tgaton was instituted by TO ascertain their truth
or fasehOod) believed that pers ons who could he
so lost to all obligations Of honor and patriotism
must also be destitute Of that moral and religious
obligation necessary to compel them to disclose the
plot and the actors in it, therefore deemed il me-
csssary for the ends of justice, that such as should
be used witnesses should tell their stories .epa-
rate, and without each knowing what the other
had said, that there could not be combination
| between them t. tell the same story, or combine
| tion not TO remember any thing in relation 10 the
same transaction. Such cOarse when circumstances
will permit its being pursue!, never fails to elicit
the truth, and where innocence exists such exaiI-
| nation also dissipates every suspicion OF guilt.
During the morning of the ga Of October, it was
apparent to me that the object of the enquiry was
publicly known, and that public justice could re-
ccive benefit from further private aud separate
examination of tbs witnesses. also found that the
public mind was greatly excited upon the subject,
and having heard Of the mpsints above stated,
deemed it proper, TO prevent misrepresentation,
and to give an opportunity for explanations or de-
mails that all the examinations should be published
therefore had an understanding with Mr.. Mumford,
| OF the Standard, that he might proceed and take
copies of the papers, provided he would publish all
the examinations in his paper, down to the time Of
publication, to which he assented; aud also that he
would give slips to all the papers in The city, and
ticularized the Courier, the Herald, Star and
Times, the American, and Journal Of Commerce-in
this he also assented Late that afternoon and
| ing, the examinations Of Mr.. Batchford and Mr..
Wetmore were taken. / remained at the room
where the examination was held very late, to ena
bic copies be TAKEN that the sc plantations might
| appear with the other afidavts-when MIR. Mum
ford suggested that he could proceed with greater
facility if would 90 to his Office with the afdavits
could not permit the afadavits to be taken and
copied without being present then, expressly for
the purpose of having those two adavits appear at
the same time with the others and only for that pur
pose went to the Standard Office did not do this,
gentlemen OF the jury, because Mr. Blatchford is
| gentleman with whom have long been acquainted;
| l did not do ii because Mr.. GEnAel is gentleman
personally know and highly esteem; ] did not do
| il because with Mr. Draper am intimate; did not
| do il because the best friend have, had always
spoken to me of Dir. Wetmsrs, (whom ] was not
acquainted WITH in the warmsst terms Of .pPT,oba-
ton Put did ii as an act OF justice, which be-
| ieved was due from me S magistrate.
For thus going to that office, am also censured.
1t is said BY that act degraded the situation oc.
the ermiAe. ! can only say, that cannot conceive
| that the "ermine" can be de6led by entering any
place, where it is the duty of for honor
| able purposes. We, gentlemen Of the jury, live in
republic; the spirit Of our institutions does not
consist in forms, in manners, in imposing presence,
or particular places The spirit Of our Institutions
is substantial The only object Of eur Institutions
executive, Judicial and m inisterisl-is TO render
| equal handed justice to all and each. believed
thatljusice demanded Of me, that should submit
any personal incon to the publica
OF the afidavits of Mr. Biatchford and Mr. Wet
more. And so thoroughly convinced am l Of the
correctness Of my course upon that occasion, that
now declare, should the most obscure and humble
individual in this community be placed in similar
circumstances in which those gentlemen then stood,
will again 20 to any office or place, that justice
may be done TO him
Next in order is the objection made to my going,
in company with the Mayor, and obtaining VIC
did from Mr.. Pierce, the papers called the Client
worth papers. On Thursday night, il was prov ed
to my satisfaction that Glsntworh had sealed up
apackage, papers which only related to the matters
which was examining; and that they had been given
that those papers were very important to establish
what the truth was in the matters charged. From
the evidence that was then before me, il is highly
probable that many Of the per who came here
from Philade pha, swors in their votes and that il
| was known and intended, before they on that
they were to do So if necessary. IL that be true,
then has Glentwor'h committed the offence Of subor-
| nation Of perjary-that offence is a felony. be-
| lieved that those papers would clearly designate
who the guilty persons were that had been engaged
| in the plot; and were essential in the enquiry
| whether Glentworth had committed the additional
| offence Of subornation Of perjury.
have upon another occasion stated what oc-
Cured at Mr.. Pierces house, and now repeat what
| then stated:
| 81, in company with the Hon Isaac L. vari an
mayor Of the city of New York, went to the house Of
Mr. Pierce, and in our Official characters demanded
1
| that he had a bundle Of papeis which Glentwo rth
informed him related TO the lions which were
under investigation before the Recorder hich were
handed 20 him. upon promise upon his part, that he
would retain them for Mr. Glentw ORTIZ and he there
fore refused TO deliver them TO us informed him
that as magistrates we were compelled to take them
to search his house for them Mr.. Pierce stated IL
had not legal right 10 take them, he would un-
| der no Circumstance give them to as. informed
| him that we not only had the legal risht to take
| hem. hut IA of al du led
effort 10 obtain them-and now state il Mr.. Pierce
had persisted in his refusal to give us the papers,
would have proceeded and searched his house for
| them.
| "Mr. Pierce produced to us a package which was
sealed. He informed us they were the papers which
had been given t. him as above stated and that they
were sealed by DIR. Glcntwortk by his. Mr. Pierce's
reGues,-and that they had been handed to him dur
| ing the course Of this isvestigation.'
inow az ain repeat. gentlemen, Notwithstanding
all the opinions which have been given uponmy con-
| duet on that oeeasop,) that now, under the same
| circumstances, would have searched Mr.. Pieree's
house, did he refuse to deliver the papers to me.
| The papers have since been opened, among the m
10 paper relating TO any other subject than the
elections, and to the services rendered by Client
worth in relation TO eleeticns-not misc eaneoxs
private paper OF Geatwarths, or Of any else is
| found among them--lnd they are of such de-
scription, that with the other testimony when they
are presented ia yeu, you will be obliged TO pass
| upon the question whether Glentworth shall or not
| be put upon trial for subornation Of perjury.
| To prevent any further Interpretation or mis-
state me INT growing out Of he time when the papers
| were opened, state that ! at the earliest day, on
Friday, or Saturday, was about proceeding to open
the papers, so that their contents might be early
| kuown-when the counsel for Glentworth raised the
question Of my right TO open them-and as the BIS.
| trict Attorney, with whom upon the ssbjsct oftsk
| ing the papers opening them, had no consu'a-
ton, suggested that had better examine the ones
| ton. post roned opening them until should fur
Their examine that question. On Monday, again
was proceeding to open them, when was pre- vcntcd
by the conduct Of Glentworth, the Sheriff and their
associates After this Conduct which certainly ap.
peared to be the result Of con.ultaion and in aeeor-
dance with preconcerted plan-I believed the plot
had been mere broad than had before Suspected
deemed that nay duty TO the public, then demanded
that the papers should not be opened until certain
other witnesses could be examined These eireum