Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-05-08


counterfeit bills, to be passed on Long Island.
issued warrant for his arrest After it had been
carried into effect, Merritt expressed his opinion
that Smith Davis was innocent. He said that he did
not believe that Davis had been engaged in such
practices for some time. l cannot speak definitely
but he expressed that opinion pretty strongly.
Here fierce voey of words passed between the
Counsel, which fire was with difficulty stopped by
the Court
Mr.. Cutting declined asking Mr. Lowndes any
questions.
tice went to the store of Earle and somebody yes
terday 1t is one or two doors below Church street
i was told it was the store where Seeley
rested. The diagram shown me now, is correct
representation of the same. The house is the
north side of the street, and the door opens to the
right, the other half is bolted. The width of the
door wayli is IL feet | examined the office it
on the left yeu go in. The space between the
partition is ri IL inches. The length of the pari-
ton is feet inches-the height Of the breast
work is feet 5 inches.
District Attorney-What knowledge had you, sir,
of the plan for the arrest of Seeley?
Witness-NOne whatever, sir.
District Attorney-Dd you meet with the officers
when Hawks was arrested.
Witness-I did.
Examination resumed.-Homan and Sparks asked
me if geing to be in the neghborhood of Grand
and Broadway. 1t was the 24th of May, and not
on the 18th. said could ifthey wished me. They
said they were going to arrest some man; fear
full Of a rescue, and wished me to be there. said
certainly should be there. told them where to find
me at o'clock. About half past Sparks came for
me, and we met Merritt near Tattersalls, and then
went up Grand street. Merritt went in first, and
was followed by Sparks. l brought up the rear
Merritt seized man on one side and Sparks seized
him on the other. Several persons were present,
and they asked " what the matter?" said ''Oh!
nothing but thief" The name of that man was
Madison Hawks. There was distinct charge
against this Hawks. l think that Holman told me
that they expected to find some silk in
his hat. cannot explain why Hawks was commit.
ted as witness when he was charged with being
burglar. have no distinct recslle elton the sub
ject, but suppose there not sufficient testimo-
ny to fix him with the larceny. never knew who
let the officers into the store in Dey street Bail
bond in the case of William Moore shown to wit
ness
District Attorney.-At whose instance was he
baIed.
witness.-Why, took bail in 81 ,OOo and thought
| did all the law required Of me. Holman requested
me enc night to wait little, as bail would be there,
for Moore and Holman came out of the bick room
into the room with the folding door, and said the
District Attorney had said those might be taken
as bail for William Moore. sw0re the bail myself
took that bail in good faith and the first heard of
its being sham bail, in this room, from William
Calendar. / do not know where Sparks and Mer-
rift were that night did not know Of any other
complaints az inst Moore that night
District Attorney How could Holman get pri-
soner out Of prison!
Witness-Only by an orde from the magistrate.
District Attorney Was Moore finally com IN iitedl
Witness.-There was one com nitment by Hop
son on 9th April 1888, for examination; two Oh rges
on the 7th against him, on which he was committed
in full, along with Bradley Bane. Another find on
the 18th, commitment against him.
James Csggshall examined i was the keeper of
the prison in 1885 i have no commitments now. 1
know what has become o. one paper;
District Attorney-W hich pa perl
Witness Why the discharge OF William Moore,
which delivered TO you in epep Court at the trial
Smith Davis. While W ore was in my custody at
Bellevue, I did not see Mr.. Merritt there. Honan
was there repeatedly. received an order from Mr.
Hopson TO allow Russell Moore to see Willis when
ever he chose alone. l refused TO do this unless
Russell was searched before he went in scare he'd
Russell, and found large dish in his bosom. l in
formed the magistrates Of the fact and asked them
il il was correct.
Here Mr.. Whiting begged of the court to protect
him from the undertoned assaults Of Mr.. O'Conner-
this he had done several times before The Recorder
replied that if Mr.. Whiting would watch him
(O'Conner,) he (the Recorder) would protect him
come down with Holman W hen he rought Moore
down to be bailed. Holman had order for bring.
ing him down. Don't know whether the order was
from magistrate. This paper was destroyed We
always destroyed examination and other transient
papers. The purport OF the order in question was
for the delivery OF Moore for the purpose Of his be-
ing bailed Tread from prison records the commit
nents Of VIM. Moore ] The order TO permit Rus.
sell to see William Moore was IN writing; IL VAS
the only one Of the k nd I ever received. When
complained to the magistrates about the PERM they
said some public good was to result from IL, and
was satisfied. The permit was given some two
weeks after Moore's arrest. Charles Merritt,
Don't know that MIR. Merritt ever come TO Bellevue
10 see his brother Never made any statement To
Moore about Seeley. did not know there was any
come xion between them.
Thomas o. Rumsey, Of the firm Of Earl d Ramsey,
Of IS Dew street. Alexander Seeley was clerk
in our employ. have never seen him since has
rest on charge OF c 'unterfeiting, ] had no know.
ledge Of seeley's visiting the store at night lie did
not sleep there.
II. had been previously occupied asa grocery. tDe
scribed the store as by a previous witness
James r. Hyde recalled Hive made diligent
search for the commitments Of Mr.. Moore, but cas-
not find them.
lao. M. BIoodgopd recalled Never signed a per-
init for Russell Moore to see w Ills Moore alone.
Nor did give any written authority to Holman TO
bring him down from Bellevue. | gave discharge
after tho ba il was taken. don't know whether
saw Moore's bail before he was brought down. 1
supposed he was baled. Don't recellect having
shewn the bail price 10 the District Attorney.
Cross-examiued Nothing important elected.
James Hopson, Police Magistrate RecoIlects the
arrest Of william Moore. tReferred to Police Re-
cor - as previous testimony witness granted the
Kermit spoken Of by previous witnesses. Did not
know efthe arrangements made Tor Seeley's arrest
before he was arrested.
TThe Indictment OF smith Ieyiss trial, was
here put in evidence and admitted.
Oliver NJ Lowndes recalled-Never gave such
hermit as tn previous witnesses have spoken OF I
could not have forgottep u had given such per
nit nor could I have forgotten a complaint on the
subject made by Mr.. Cogswell, had such complaint
been made.
Cross examined-wben got the 500 plate did
not know into whose hands IL was to be placed
had no interview with Russell Moore about the bill,
nor dad I make an appointment 10 meet him. The
hill when first prncu ed marked by ne nhtcers
of the Bank in order that the plate " made from
could be detected Z had two interviews eith Rus
Va Ill In oIat IN m he A.