The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-29
Circuit Court.

day Of the ates associates and gam
bers in those wretched dens Of niquity were
as witnesses Their testimony relation TO their hauh'
and habits created deep sensation in Court Colon the
defendant the party whose has been associated
with the Coriis murder lie appeared in Court and is
remarkable looking with a large hooked nose, lar
row contracted forehead and strongly marked features
His head oil perfectly oval shape aid mis- general as
pect orbidding Several OF the witnesses remsrka
bly, i'll looking and Others Of prspossessing appearance
since last evening, and find entry Of payment of
sum Of $3.50 made me as Inspector of beef and pork
| by Davis, in February, 1913
| FarpEnIcx Mason, Junr. examined--I belonged to
the house OF Mason & Co in 1912 examined the
counts produced for Mr. Gutesu-[A controy ersy here
took place between Counsel to the right OF getting
imony from this witness in relation to book accounts and
| after a short discussion was withdrawn
! HsNnY A. MuLLIoAN examined-I belonged to the house
of stanton Co. in ls42 know the plaintiffs; owed
OLIVER r. Jonssos-I reside in No. % Broad street !,
know Davis the clerk, who was produced here yeser
he TALL of s4a, at various times saw him at Coito5s
house. gambling; sometimes twice or three tmes
% vtsey street, consider Cotton the master Of tia.
establishment; his name was the door; never saw
| Cotton sent for to decide the bets there
Toa question IRON counsel ss to witness having neara
or objected on the part OF the defence The question
was admitted.
house. if acting owner often saw him at the sup
per table; he sat at various parts OF the tables the waiter
directed by Coon his family might have lived in the
house.
A Jvnon-Did you ever hear any other person named
| az owner Of that house2
| WITNESS. did not.
Mr.. CHARLES OCosson-- submit that is leading ques
ton the Juror will draw an inference, and put
tain Interpretation from the of the question.
Cross-eramined by Mr.. o'CossoR-I believed Coltons
bling house; first there with Davis; was induced
go there by Davis; first went there in August 1912
Davis, with view to confront him with this witness in
relation to the time he he witness had first visited 70
| Vesey street.
The CouRr replied that such course inadmissible
Mr.. O'CosoR contended TINT the English practice al
low cd such a
Coypr rarnorl that If tho onnosite eide
| object MIR O'Conor could call UP Davis
RoBKRr II. DAVIS, the clerk, was here recalled, and
asked by Mr.. OConor If he had told the witness on tn.
stand that he visited Coltons house before September
| DAVIS in reply. can't recollect
The wiinesss The stand tJohnson'0 cross-eramnaon
by M. OCoaor contnued- often met Davis at Col
toms, and saw him gambling often saw him gambling
house also did not hear that Davis to receive
ney from Dow and Guteau by prosecuting him visited
IN H ne s U s s him $50
one time visited other gambling houses with him
visited house in Barclay street with him he often told
me he had never knew that he had lost much at
gambling he told he told me often that he
had nights between 5000 and $500 he told
other occasions that he had lost the general
average between his winnings and losiDgs eft him in
mind about even-(Laughter) often played brag with
him. -
| Direct resumed by Mr. McvEAN--My Judgment of the
accuracy Of Davis memory is formed from what heard
him say about his losses and winnings they play with
checks at faro | do not understand this game
JOHN THoMrsoN sworn examined by McvE.s.-ri am
hanks in operation in this state keep Bank List !
publish paper called the Bank Note Reporter know
the banks that in operation in s42 in this state
Cross.rraminsd by Mr.. o'CoNon.-I don't know Of any
ether banks that in operation in 1872 save what is
that know Of no other 9s c
opinions from the notes that come through my hands
and from returns which am in the habit Of receiving
did take the returns aided by another; wrote them
| down them in the book
The bank note list OF 1912 published by the Witness
| was here put in and admitted.
| ALroRD HALL sworn examined by Mr.. McvEAN.--I am
a
their employ in 1912 the plaintiffs borrowed 81 200 from
the firm Of Buckingham in October, 1912; Davis, the
To Mr.. O'Coson.-I know that Davis got the money.
JAMES D. SHERWOOD examined II am cartman and ola
money at that time did not receive from them in May
lS42 a sum Of 5000.
Cross ernminedI lent Davis in January s42 $500 he
asked me for it ut the time ; never was paid by him
The case for the direct here rested
Mr. OCoNoR here and said that he would move for
nonsu two points and did not deem it necessary to
address the jury The first point there wal no de
mand from the defendants the next was there nothing
counr~i must overdue your objection. am a con-
Mr. O'CoNoR-very well, your Honor take a note Of
my objection.
The DEFENCE.
| ALeNzo H. GAZE examined by Mr.. O'CoNoR.-I did bu
sness in lsa2 at JIG Broadway. exchange broker
know Davis he did business with in is4a and 1913
Davis money often during thes years 5000
He me that I.was sued by the plaintiffs for
$500 which they alleged owed them the suit is settled
Gregory also e and Understand other. for sums Of
received from Davis in February sis Davis applied
ne for money he asked me for 5000 he said he wanted
purchase haxseed-Q daughter y told him could not
rive it he then asked if Mr. Bgnaii could lend hin
that !; told him that did not know saw Davis a
ColtOns house often he used to play at bras there be
sometimes lost and sometimes won | saw him play al
other games also do not know the names Of the games
saw him at CoOn's house in the summer of 1912 will
not nlmit that Davis play banker at faro bank
at which played in August. 1912.
light to extract an answer from the witness who perna
ciously refused to answer
CorRr-On what ground do you refuse
| WIrNEM-I conceive il would implicate myself
To MIR. OCoroR in continuation Il saw MT Da
Wis play and lose money they played with ivory
the amount of $500 was with Davis in Barclay stree
in December 1912 saw him play Faro there. and also
play brae don't know what he lost saw him at Mar
c1e.. sn.%in.3 BY NJ Msvs.s-I often wa. At vese,
street Cotton there; his is on the door Dc
, not know il his family reside there.
To Mr.. O'CeNSoR.-Coltons name Is on the door, en-
| graved on a silver plate.
To MIR. McvEAr-i know Cotton personally.
, CHARLES JoNEs. examined Il know Davis was u
his February ns4s know ,%s o. to s sn,s hi
employ the plsntifs was present on the evening
h February when was h% 10
This question objected to thepart Of the plaintiffs
whose counsel contended that ought not to be let in
evidence, being purely collateral
The CoURT overruled the objection.
WITNESS in continuation to Mr. OConorI was the per
that made the proposition to Davis to apply to Colto
for assistance; Davis said he had no claim upon Cotton;
had number conversations with Davis as to the
ed memorandum ofhi winnings and losings at Col
ons he said he had lost at Coons nearly $1,000; thi
he told me this mere than once had other conversation
with Davis; he told me in February, ls43 that he wante
$780, to dealcation which he had been guilty
towards his employers that occasion the sugEestio
was made to make application Coton heard him sa
had lost between S5O00 and $4,000 at Colton's; say
h'% p The homss anu and left together can
swear how much he lost on night etoldme he won
some nights between $500 and S4o0
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