New-York daily tribune., 1842-12-05
Trial of Alexander.


of Alexander on Friday:
Wn. Russell Especial constable in the Mayors
office) sworn.-I have seen the prisoner before
saw him first at the Mayors Office on the morning
he was arrested, about7 o'clock; went down stairs
| TO his cell 10 see him; asked him what was the
cause Of his doing it The prisoner replied,
.' that they had some alteration about some
money Il don't know which, but 1 think be
| spoke of Indiana money; he said he knew the
money; acquainted with it he said the lie
was given. asked him what he had about him /;
| got ten dollar gold piece and seven dollars in
silver from him, which he gave me as was about
TO search him. also silver pencil and the sheath
of dagger this looks like the same one; did
not mark it. heard the prisoner ask what pro-
fession the man was, and if he was man of fam
ily; don't recollect any other questions that he
asked he said 'it was love affair" or something
of that kind, l did rot see the prisoner at the
time he spoke, but l think knew his voice
The scsbbard here given in evidence, and
shown to the jury.
sworn.-I have seen the prisoner before in the cell
of the Mayors Office on the morning of the 9th of
July last; had some conversation with him on that
occasion.
The prisoner asked me if thought he needed
counsel; said l thought he did he said be was q
stranger here, and desired me TO recommend coun-
sci to him; declined it; asked him if he had
friends in this city; he replied yes, but did not
want them to know he was IN the city, or the situ
alton he was in told him the thing would be-
come known, and he should not talk so; he then
referred to a friend in Market-street, and sent
Mr.. Walker for him.
VIM. Brom6le was called and sworn-I ain one
of the Mayors Police saw the prisoner before ;
the first time in the lookup room under the May
or's Office the morning of the 9th Of July last.
had conversation with the prisoner.
Here the witness was cross-examined by prison
ers counsel in reference TO how the conversation
took place. and who were present.
Testimony resumed.-I said to him What is
your name? :" He told me it was Smith. He
gave another first name; said he was from Mis-
souri, or Alabama, do not recollect which; |
think l asked him if he had family he told me
he had not ] then remarked TO him that he had
made bad piece of business of it this morning
he said he supposed he had, and would have to
suffer for it; asked what in the name of sense
possessed him to do such thing; he went on and
stated that love and wealth were the cause of all
his troubles; don't rccollect any more that in
tervlew; the second time | conversed with him,
went down with Mr.. Barger, formerly Captain of
the Watch.
Mr. Barger asked him where he was from he
said am from kentucky, naming some other
place, which l don't recollect Mr.. Barger then
asked his name; he then gave the name Of Alex
ander, think Milford and some middle name; |
said This is net the name you gave me;' he said
he knew it was not, and stated as reason that he
did not want his name to be known; that his pa
rents and connections were respectable. He then
said he would ike aprvate conversation with me,
if the other persons would withdraw. Mr.. Barger
left. | then went into the cell with him. | told
him, Now whatever you have to say to me,
don't want you to commit yourself, as | am one of
the officers, and whatever you say will have to be
given in evidence. He then asked me if the man
was dead.
Mr. Reed objected to any farther statement of
the conversations of the prisoner, on the ground
that the terror and excitement Of the prisoner pre-
cluded his making statement of any coherency,
or of which he could have had at the time any dis
tinct notion He said also that threats or induce
ments of any kind whatever made TO the prisoner
were sufficient to prevent his statements from be-
ing admitted. The learned counsel contended
that the words of caution used by Mr.. Bramble, as
above stated, to the prisoner, were inducements in
the eye of the law, and he cited 81 English Com
mon Law Reports, 327 the case of the Queen
against Drew, in support Of his position. Mr..
Reed also said that the previous words of MIR. b.
to the prisoner, !'you have made bad business Of
it this morning" and when telling his name and
residence to Mr.. Barger, this is not the stato-
ment you gave me, are in the nature OF threats
or rebukes, and sufficient to exclude his conversa-
tions made under such influences.
Mr.. Porter, for the commonwealth, coniended
that there was 40 influence exercised over the
mind of this prisoner that would exclude his con-
fessions
Mr.. Pope followed in reply to Mr.. Porter, and
contended that the ghtest ground of hope fear
was sufficient to prevent the prisoner from being
made an instrument of his own conviction. He
secuted the idea that the confession of Alexander
was free and open when made in dark cell, 800
miles from his home, to the man who holds the
keys Of that CELL and with one by correct any
mistake or misrepresentation as to the words OF the
prisoner.
MIR. Attorney General Johnson contended that
all this did touch the admissibility OF the evil
dence; it went merely to its credibilty, and must
be enforced to the jury. But by the law the evil
dence is admissible and the only power to alter it
resides in the legislature.
At the afternoon session Mr. Dallas commenced
his argument to exclude the testimony of MIR.
Bramble in relation to the conversation between
him the prisoner. He contended that confessions
must be free and open, there must be no influence
to effect the mind, for if there is, the confession is
go fer nought.
The Court said this was an extremely important
questien upon which they were anxious to delibe-
tate, and il the prosecution had other witnesses,
they would prefer to have the examination of Mr..
Bramble postponed till the morning, when they
would decide.
No other witness being in attendance, the Court
adjourned
FRIDAY, 10 A. M.
Judge Barton.-The Court having given the
subject, as to the inadmissibiity of the evidence
e e