The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-22

the time of the suspension Hamilton bought specie
father my father always treated Hamilton cooly.
'QAiter these chairs were removed. did you
Miss Colt or Mrs. Famarss in the office the chairs
sofa
A-Inever Mrs. Famariss there
Defence objected to further of the question and
the Court overruled II.
Glow many times have you seen Hamilton, Day and
Bartlett walking armin-arm
fee Mr.. Day my uncle never had any conversation
father relative to the publication OF this last named
being three o'clock the Court took recess of thirty
minutes for dinner.
EVENING SESSION.
AT the reopenng of the Court Mr.. De WIIT counsel
for defence offered to prove the general bad character of
jeremiah g. Hamilton, order to sustain that portion Of
the alleged libel that charges him with being dsreputa
BILE and that therefore Benjamin H. Day. the complainant
should not have kept his company have been his bail
before the police on the charge OF defraudng the Atlantic
Mr. SMITH, prosecution objected to the introduction
OF the testimony as rebuttng testimony would be called
After some conversational argument between counsel
and the Court the testimony was admitted with the un
the general bad moral character Of Hamton' without
extending farther.
VILLA CALENDER was called for Defence am one
of the clerks of the Lower Police Office.
Q-What is the general moral character OF Mr. Jere-
miah G. Hamilton
Alt is very bad.
Cross;eramined By SMITH for prosecution Are you
not IN the habit OF reporting ponce matter Tor The sun
for which you receive certain amount per week. paid
by Mr.. Beach
A.-No am not /; i have never made any arrangement
agreement with Mr. Beach about reporting may
have given his reporter particulars relative to the
former arrest of Hamilton, the same as would other
porters have owed Mr.. Beach money, but have been
paying it in instruments the last Of which will soon be
Paid in full
Q.-Who have you heard speak bad of Mr. Hamilton
Al have heard many.
Q-Be so good as to name some person more.
have heard Mr. Barstow, of Pine street, speak of
his character as bad.
Q.-When was that
Al cannot say exactly it is some ten years since
No.
fher it was him or others.
Q.-Then you take back what you said before
heard many
Q-Have you ever heard any one speak of his charac
ter as badany one single person whom you name
Al do not know that can recollect the name of any
one, but when was in business down town, have Of
GEORGE w. MArsKLL was then called by defence.-I am
Q-What is the moral character of jeremiah j. Hamil.
Al know nothing of his character except arising
out Of the case OF conspiracy against the Atlantic Insu
HrsRr W MERRITT called by defence-I am police
magistrate.
Q-Do you know Jeremiah G. Hamilton 4?
Q.-whati is his general moral character
FAt is not spoken OF well have heard persons speak
against him. and others speak in his favor
WILLIAM APPLICABLE printer called by defence.-Q-
Do you know Day. Bartlett and Hamilton
Q.-Have you them walking together with
locked arms
Ayes
Q-What the general moral character of Hamilton
A-Persons generally speak bad of him.
Q-Who have you heard speak bad of him!
Al have heard Day; he once came TO me to get an
tice rejecting upon the character Hamilton suppress
printed in my Office which article charged Hamilton with
all sorts of offences and called him almost every name;
Day sara that ne knew hamilton was PAD ieow put ne
was doing business for him. and he did not wish to
have him showed up at that time,
what paper was that article to be published in and
who were apply to to have the article suppressed
Al was to apply to George Woodbridge, who publish
SMrrH-What the man that was sent to Blackwells
Island for publishing an obscene sheet1
y Cross-eranined By Mr. SMITH for the prosecion.What
was the name OF the paper in which this article was to be
Al believeit was in "The Whip laughter)-I am
not certain whether it in the Flash" 1.-THE Whip
but think it was in the latter.
,Q-Mr Woodbridge general publisher of these
sheets, wasn't he?
might have been in that-Hamion to my Office the
same evenng-he gave me good segar and gave him
one back.
sNIrH-And you had good cosy smoke together,
didn't youl-Qaughter)
JusrIcE MERRITT recalled by defence-Q. by De
Witt.-Do you know whether jeremiah G. Hamilton is
Mr. SMITH objected but the court ruled that the ques-
ton could be asked the ibels charged Mr. Day with
keeping his company and alleging that he was negro
Al an opinion on the subject founded some
facts
Q.--what those factsl
Al do not wish to make any statement Mr.. Hamilton
Q-Yes but we want your opinion based on facts.
An argument here ensued between counsel to the pro-
prety OF this question when the court concluded that
matter of opinion OF the witness, but still al
Lowell the question to be put.
Al do nat believe he is a white man.
Q.-Why do not
A.-Because he does not his own hair-he
awg.
Q-Is the hair under it straight curly1
A.-Ilis hair was curly under 1t when saw it.
ID q
4.-why you them well as mc-they are
Cross-eTarained by SMITH for proseeution-Q.-Hav
You West Indians as dark as Mr. Hamilton
Q.-Have you not spanards as dark
Ayes.
Al do not know exactly people sometimes have their
QPlease look at his and see they are put on and
then whether you ever saw negro with such whisk
A.-No thank You, had rather not.
Q.-But wish you would.
Al shall not, and doubt whether you have power to
compel it.
Q-Have You ever anegro's whiskers thick and
cury-like yours for instance
A-CWitness drawing his hand over his luxurian crop
which he takes much pride in cultivating)-No, have
never seen any negro's whiskers like mine exactly.
Q.Are Hamilton whiskers something like yours'
A.-No-they are not like mine-they are much more
like yours. Great laughter)
@ By defence Where did you first know Hamilton
An my official capacity about ten ago in the
police oaice-it was there that took his wig of.
The defence said they would here rest their testimony
JEREMIAH g. HAMILTON here rose and said MAY II
please the Court to grant couple Of hours time to
prove fasy Of the statement made by Justice Merritt
relative my being before the police at the time he allie.
resas well as on other points can disprove all, and
now wish inform the Court that the why he has
so testified relative because have refused to lend
him money. (Great excitement)
Justice MERRrrT.-I pronounce this statement to be I'M
uualiedly false. 1t is not true.
HAMrLroN.-I can prove it.
MERRIIr-It is false- pronounce it unqualifedy false
i went into Wall sometime since to borrow
money it is true-and met Hamilton who asked me my
business and told him wanted to borrow some money
he said he could lend me- but left him wished not
TO borrow of him.
H.MrLroS-That is false and can prove it,
CouRr.-Order, gentlemen.
MERRITT taking his seat and muttering)-That is
utterly false and lie without any foundation