New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-28

aid W ttitssis. .x;ciS-:.1-hare-sI -eAst
and placed the Tub IN celia, in Sa>>au-stcoet,
which WAS locked and Key was in my posses
sion. The bundle Was afterwards opened at the
factory. and hat paa Of shoes pair OF rantaloons
and part OF shirt, pair OF >us peudegs ard y
were in the bunsIe
Mr.. Seldsn.-Do YOU believe the bundle was
there at the hrs, examination.
!" hitsns-I object. After l,,e conversation
Mr. hitting said Mr.. Selden nigh. ask what be
pleased.
Witness went on 10 say ,ha, from the condition
! OF the bundle be thought il was overlooked a, the
first examination. had impression that it
i had been put there since. but have now no douh,
! tina, it was there at the first examination.
The examination OF the whole contents has not
i vet been completed. Some things were foand there
this uorsisg-
Witness produced two keys, silver pencil
/ case and half dollar, which found IN the
contents
~ understood two shilling piece was also found
Mr. Selden wished 10 know whether the men did
not consider wha, tour;i their own.
/ MIR Whiting objected, and after a little argu-
nlent each side, an examination eft what was
| produced was made.
Examination resumed-l believe the pencil-caSe
hsd been there sometime parts of II were quite
J i'SNeu tHess Aiti'ies pA1Ht Nv" 'AiN
bundle.
By Juror-Thers was nothing in the pockets
OF the pantaloons have stated all tina, has been
| found 50 far as tse examination has been made
there is evidently stain on the coin; only a very
sinai portion of the contents have been examined.
and one or two days will be required to complete
il: paper think would be destroyed by the sN-
| animation; leather | think would not.
BY a Juror-Therc also pair OF stockings
found in the sink. Witness produced q pair OF
the pantaloens and ves, The pan,aloons were OF
gau,broon; the vest may have been yellow; part
OF them were found in pouring the contents into
vat; the bundle was tied with liEen pocket hand
kerchie; no name on it.
The depth Of the contents OF the sink was about
two feet the articles have been washed and
rubbed l should think they had been there tor
.on,- tinle-I can t tell how long.
Bv Mr.. Whitins-The contents were put into Il
clean tub, and afterwards pu. upon other matter
only know that these things came from those con-
tents by the information of others. The bundle
was found after tho other cloths; the teeth Of the
rake used was from six to eight inches In length.
and was satisfied that there was nothing iii the
sink when examined in OStober.
The sink wa. not raked second time before
the contents were removed. The cloths were
buried under the surface think-how far can
not saw The bundle was found under the aper-
tire of the third apartment, | believe don't
think it in the same place at the time OF the
first examination. 1t might have been ruked over.
was directed by the Mayor to examirs the sink
thoroughly TO see If anything was there. think
| he told me to ruke it.
= The bundle was tied in hard knot; two cor
ners of it only tied ; TWO ends OF the hand
kcrchief were loose parts OF the articles were ex.
posed so 4. to be seen. The bundle was about an
inch beneath the surface i think the rake han
! been used there before. The bundle was opened
in my presence Tie hat was seen first. 1t was
cut cngthwsc in two places IN opposite direc
| tons with sharp instrument, as should Judge.
can't say whether any piece had been cut out,
nor whether the cuts were in front not; think
the vest and shirt were next; tbs vest was folded
up nothing was in the pockets; the shirt was
completely saturated with boed; as to the vest
that cannot say; the suspcnders were taken OH
and folded in the pantaloors; they we're whole
whether bloody or not cannot say; the pantaoons
were torn the upper part Of the shirt was on.
Il The pantaloons were neatly folded, and the
whole seemed TO have been packed as close as
possible the shoes think were on the bottom; |
think there was no blosd on the pantaloons; was
told the examination was not ct much use, and
therefore did not closely examine the bundle
there were six or seven pieces of the cloth out OF
the bundle; these may have beer whole towels
and there were other cotton rags.
Mr. Scden said the Public Prosecutor evidently
thought the examination unfair, and in answer
10 his enquiries the witness said thar Justice Tay-
Tor sent an officer to assist in the examination.
Nh Selden then said he proposed to examine
Mr. Emmett with regard to a communication from
the prisoner with regard to the clothing and pock
cts of MIR. Adams, &c.
Mr. Whiting said he objected to this upon the
general rules of law and evidence They offer
here one of the counsel of the prisoner TO prove
declaration of the prisoner
Mr.. Selden stated the legal grounds of this tes-
,imOny, and made some remarks with reference 10
the proposition sought to be established by the
| District Attorney
tEe wsl ed to prove that the prisoner mad told
| Mr. Emmett that the bundle was thrown into the
sink, and the contents OF the pockets with 1T and
that before Mr.. Seldcn knew any thing OF this, he
applied to Justice Taylor, who told him the exam
nation should be made, and that he was told after
wards that it had been done; and that not I'LL the
trial had commenced did he know the character OF
this examination.
The Court decided that no declaration of the
prisoner to Mr. Emmett could be admitted
Mr.. Selden asked the Court to note the state
men,s he had made The Court asked him TO re-
duce them TO writing.
Mr.. Emmett: was called called on the Mayor
soon after he arrest Of the prisoner; within week
or Ten days am not sure that ! elected the OBJ
ject OF my interview asked him It he tell at no.
er,v 10 aid W in making examinations as TO the
guilt Of the prisoner, without telling the Public
Prosecutor at the time OF II; he said at hrst,
think that he saw no objection; my desire and OBJ
lect was
Whiting-No matter whatit was.
Witness-I called again and the Mayor said he
did not think ii would be proper farther to aid in