The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-11
General Sessions.


Before the Recorder, Aldermen Woodruff and Brady.
JAMES r. WHITING, Esq, District Attorney.
Conspiracy CASE REsuMLD--The trial Of James l..
Winfrse and George Cummings was resumed from Fri
day last, when Mr.. Il. Oracle recalled. and under
went long GROSS examination of which the following
am acquainted with Abraham Fleet who keeps sort
Of grocery ON the road to Jamaica went before the
Grand Jury to get bill found sgans him for selling Ii
quor without cence but the jury did dot act upon my
information; have given suit Of clothes the ed
tor OF the Sunday FLASH know Judge Ulshosferj he
Q.-Do you believe that he was engaged In the allied.
sed conspiracy against your life'
Ain consequence OF the conduct OF Judge Michael
Ulshoefer towards me, had to believe that
was in some way engaged in the conspiracy against me-
which forced upon my mind against my will
Q-Da you, ut the consrsnce with His Honor the
Mayor include the name of Judge Ulshoeer among the
number engaged, you supposed, conspring against
your life2 = .l''
Al had number Of conversations with the Mayor,
and cannot recolect distinctly all that passed between
o-whsre did you first meet James thompson
Al met him at the Pacific Hotel; his name believe is
Harry Fish.
Odd you ever Are pistol at his head.
where Fish was, when John Adams, the barkee per
then fred a pistol behind my chair; asked him
then lii and examined the wall whers
found the marks of three shot lodged in the place on
range with the back of my chair shsy them that when
barreed pistol and snufed out the lighted psrer with
ball( the Court and Counsel smiled ali reund)-I
then left was there to watch Winfree, who there
in tho custody Of Police Officer, but who was not
then in the CELLAR and apprehensive he would
cape.
Qwas not the report you speak Of from champagne
bottle.
A-No saw the pistol in Adams hand and he told me
Q-Did you drink with Col. wnfrse that nght1
A. think it likely did Is at that period used to
drink good many punches.
Q-Do you know stephen Gordon1
Al do; he has Oft en- supped with me al my expenses
have paid him more in eatables than in money for what
he did for
o,How much msnsy did you spend altogether in
searching out thu censpiraors7
A-The city of Brooklyn spent 900 in finding out
one witness, but obtained six for the money;
cannot say how much have spent or to whom have
paid money; paid Mr.. Van Voorhees,, of Brooklyn his
expenses for arresng man, and to other Police Officers
have at odd times given dollar or two as they
greedy after money the only bonus recellsst
the quarter part Of quarter cask OF wine. No other
Magistrate has ever obtained asked from any
Odd you compliment the prisoner Cummings,
for his ability in trsnsacting busness7
Aid not recollect, but may have told hin that did
not believe he bad by nature circumstances
havs made him. Gaughter3
one of the prisoners1
Al don't think asked him to discharge winfree, but
he had done as he promised would have done whs.
could with the District Attorney TO get him Oh.
Q-How long have yeu known Mayor Morris7
Al believe since 1870
Odd he ever sup dine with you you with hin9
A-No, never had that honor.
he never intimaled to you that the wheels Of his
A-No. never paid Ii. Mayer any money or present,
he never yer asked me me for any, ,Msughter3
Al did. He in for burglary-he has not been
tried have received notice OF suit instituted against
me toecover my recognzance for his appearances have
Q-Havc GU not " alked with him in Broadway lately,
Ayes, have. but on business only.
Q-Have you given him much money!
A-No; but have one way other paid out for him
considerable sumsas believe he trying to restore him
Odd you ever give him a. Bo vie knife and set him
to watch your wisl
money gave him. to defend his life-I him
any other man to watch my wife.
Q-Didy you ever procure the pardon of tive men from
the State prison1
This the subsistence of the crosSexaminston, du-
ring which he once or twice asked the Court to grant
him private counsel as he did not wish to answer ,ny
questions which might leave him liable
SANDER The Court directed him to confer with the Dis
rc Attorney but the counsel for the defence objected
to the Unprecedented proceeding that Of witness
the stand conierrng with the counsel for the prosecu
ton.
After Mr. Oracle left the witnsss stand Mr. David
Graham rose and made motion that the testimony given
Of the Court, as he believed the not competent
witness That no court would entertain charge Of per-
on this trial and therefore, he could not be legally con-
sidered proper witness against prisoner on trial
The Court however, refused to grant the motion,
decided by the jury on the evidence given to them.
The counsel for the defence took exception to this de-
cison
His Honor the MAYOR was then called to the stand,
when the counsel for the defence objected his test
mony the grounds that he the committing msgn
trate. and by the permission of the Court he underw
preliminary examination which resulted in the Court de-
Gliding that the testimony of the Mayor to the confess
sions and Of the prisoners made before MIN
could not be Legally received, he viewed by the
Court as having heard such conversations and COMES
sions while acting his magsterial capacity and
queny could not be received under the Of the
statute defining the and to be pursued to-
wards the prisoners at such examinations.
long argument ensued between the District Attorney
and David Graham, ESQ this point, which ended in
the Court sustaining the objection Of the defence The
only testimony given BY His Honor was that he believed
Mr. Oracle to lie sane man. but that the subject of
conspiracy sgans his life no very much excited.
Not however, so than any other person would be
who impressed with this belief that there existed
conspiracy against his life