The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-05

This produced a confidence between all parties, and
several conversations were had upon the business
and It's prospect Of success. He met Hamilton three
times al Hamilton's house, on two OF which occa'
sions Bergen was present-the third interview Ham
llton and he were alone IL was at these interviews
that Hamilton and he consulted about how thelr
future movements were 10 be regulated, and the
Tlans Tor carrying out the fraud W ere more fuly
matured, Hamilton appearing to be the chief mover
Hamilton, also, promised him that he should be well
paid Tor such service From all the information he
could obtain al these interviews, he was lead 10
bslleye that Captain Barstow was dead.
In January last Bergen called on him again, and
told him that to effectually carry out what had al
ready been so prosperousy done, 1t was necessary
that he should swear TO another affidavit. Ihcy
proceeded TO Hamilton's house, and after consul
tation between Bergen and Hamilton, they all pro-
ceeded 10 the office of commissioner, at the cor
ner OF Centre and Chambers streets, and there ne
made oath to the required affidavit, the contents OF
which he is perfectly ignorant, he heard II
read or explained. The name OF the commissioner
he has forgotten. Two affidavits were signed with
the name 81 Lunar, when exhibited to Sutton, but
as he Iecollects, the name was not very distinct,
"being flounshed around very considerably" Der.
gen had informed him that the amount in litigation
was $50. Co., and that the suit was to have come on
in February last, and again in September next The
conversations between Sutton and Bergen IN Snow
den's Office, were in the Spanish language,
Sutton was cross-examined yesterday in presence
of the accused parties, by their COUNSEL Mr. Price,
when he stated that 1t was at Browns, IN Water
street, and not at Clark 81 Browns, that he dlned
with Mr.. Bergen, that it was that day he made
oath to the first affidavit, and then sufficiently
sober 10 understand what he was required TO do.
Bergen" he said, "did not say that he TAINTED
me to assist him in detrauding the fnsyance Con,pa
M Ipresume tcas sober enough to understand and
did understand him, that he Wanted TO tcear 10
fdisehood" That when he s,core to the affidavit ~
January last, he ,oas SOBER and did not know single
,oord of ats contents.
The accused, under the advice OF their counsel,
IN syper haU doc
innocence OF the entire charge, and were ready for
trial.
The examination being ended Justice Matse de-
manded from The p'rties bail, Niger Hamilton IN
the sum OF XSOO0 and 10 justify In So, 0OO Mr..
Bergen in 5000, and $40 900 to justify in. After
considerable delay Mr.. Benjamin II Day entered
the necessary bonds for Hamilton, and he was per
mitted 70 go at large. We learn that Mr.. Bergen's
bail will be ready to-day
While we were engaged in coryiog the proceed.
lngs the colored man Hamilton came to the seat and
begged us to withhold the publication for one day,
and that ne would pay any amount we would re-
qure. This OF course we politely declined, and he
then added something about suits tor damage, or
former llberalty, which we did not attend to, being
too buslly engaged to suffer nything which such
character could say or offer.
The following are copies Of the affidavits, which
Sutton made, to which reference is had in the pre-
cedng narrative.
No l-AEdavit made by Sutton that he ,oas person.
ally acquainted 10Th Jose Maria Lunar.
SUPERIOR COURT.
10 Sc Maria Lunar Us.
Company of New York.
Richard Sutton of the city of New York, Master Ma.
rner being duly doth depose and say, tibet he
well acquainted with Jose Maria Lunar the person who
signed and the annexed deposition. That he has
known said Lunar for about twenty two years, having
first met and become acquainted with him at the port OF
Cadz in Spain; that he has since met him in Rio de ia
neo late year 1885, and he further saith that
the said Jose Maria Lunar signed the said adsvi and
to the this Opponents presence and is the
plaintiff in the above entitled cause.
And further he saith not
Signed, RICHARD SUTTON.
Sworn this 10th day OF November, ls42,
Before me,
Signed, WILLIAM AUSTIN
Commissioner of Deeds.