The New York herald., 1845-02-16
General aeasions

General Sessions
Before the Recorder and Aldermen Cozxens and Gale
Frs, ls-.Importani TiaI-Case Of Samuel .adams-The
case Of this person, citizen Ohio indicted for obtain
Co., Of South street this cy Was called on soon
ter the opening Of the Court.
For the Psople.The District Attorney. ogdon Ho6.
man. James Whiting, and David Greig, ESQ
For the Delence-Messrs stensbury and Bond Of Ohio
and George Wood, Robert H Norris Richard Mott and
II. Raymond, Esqs. Before empannelng the Jury Mr.
Whiting made motion to suppress some Of the dep,s-
tions which would be offered by the defsnce on the
ground that in the deposition Of Mr. Atwood he was pro
dueed by the defsnce instead Of the and the
direct aerwards-snd to the other depostons unon the
ground that many Of the questions and were ir
relevant and portions Of The evidence hear say He
proposed to argue the question Of admssabty beore the
jury were empannelei or II they smpanneled frst
that when the argumsnt came up they should retire
doing the counsel for the defence asked K the Court
could grant new trial in case, when the argument
Court could withdraw juror on the ground Of surprise
The CouRr decided that they had right to do either
medy except an appeal to the supreme Court '
The defence then concluded to 80 and accededto the
nelied, and asw the objection to be made to he tes
mony of Mr. Atwood, and to the other depositions on
the ground of irreevancy of questions and answers
The DsTRcr ATTORNEY opened the to the jury by
stating that Samuel Adams of Chilicothe, Ohio in
diced with his brother inlaw, r. r. Seymour for de-
raudpg the firm Of suydam, Sage Co., Of this city, of
about $50 COO by false and fraudulent pretences He then
explained that an agreement had been entered into.
by which &Co wsreio make advances upon property
consisting Of pork lard ham, &c.. which was to be con-
signed to them when the navigation opened and which
they sell upon commission the defendant 10 draw
upon them for money upon receipts being forwarded that
the produce deposited and ready for shipment at Chi
icosshe, the packing business being done in winter
about 600 was paid to Mr. Adams and out of that
amount def, Of $40 oos arose from property which
not forwarded-dra Of Adams having been accepted and
paid by the firm of 8. 8 Co upon receipts setting forth
that such and such produce had been received in store
came on to this city in February is4s, and while here
certain disclosures made which induced the belief
dephia and followed by onS of the hrm and there
gave an order for large amount of produce which he
said was .; Gircisviie Ohio On sending to that place.
District Attorney said that the question presented the
jury Of vast importance to the commercial
munity-the defendant Of education and high
the whole commercial interest Of this city, from the poor
est aborer to the greatest and when all these
receipts and proceedings are solemny entered into whe
ther they all prove false there shall be redress
After some very appropriate remarks the first witness
JOHN DoRE called and sworn-I reside in the summer
in New York, in the winter at New Orleans; is com
mission merchant and acquainted with the house of suy
dam, Sage Co. The house is composed of Francis B.
ese Henry suydam know Samuel Adams, he u resides
in the vicinity of Chlcohe Ohio, and his business is
that Of miller and pork packer; had interview with
him in Oct ls43, in relation to some business contem-
plated with them respecting advances of s. Co to be
made on pork, which he a. was going to pack, any
made two propositions. He proposed to give r suy.
and Arthur Watts Co security for the forth
the other that they would give their receipt OF pro-
pery hand placed in their possession upon which he
the evidence Of the deposit; he requested me to comnu
ncate the propositions to Messrs g. 8 CO., which did
had two interviews with him on the asd, and the other
proved and marked No. and . by the Court
Cross Examined by Mr. srArssvRr-I rad no acquan-
ance with MIR Adams prior to October, ls43 here
their agent; endeavored to secure much poss-
BILE of the pork trade for s. Co; Mr. Adams and Mr.
George Douglass OF this city had done pretty much all his
business before Mr. Adams offered the security He was
enquiry that Seymour was farmer and merchsnt re-
siding near Chicothe and Watts farmer formerly
Doctor; the impression was that was a retired msr.
chant they repued to be men Of integrity and pro-
pery and made such enquiries as led to believe that
their security would be satisfactory; do not know where
the drafts and receipts were printed drawn up At the
interview with Mr. Adams he mentioned that the Doug
asses were anxious to do his business held in
ucemen to him to cause him to give his business g.
Co., further than the proposition from them to do their
business; made arrangement with him myself; saw
Co. and give them full information respecting his own
private business, and the two gentlemen, Messrs Watts
and Seymour am a br0ther.iu-aw of +. Suydam, Jr.
Direct resuned-The letter Of introduction which
gave TO Mr. Atwood was written after the proposition
Letter shown Think this is the letter Of Introduction
which gave MIR. Atwood. As il il sealed ! NAV have
hs hm uoa osp M this M
derstood from that he dissatisfied with Mr.
Douglass which caused him to desire to change his bus
ness ! made inquiries respecting Adams and Watts &
Seymour as to their responsibility character and
city.
Mr. WHITING then read letter No. 1, dated Oct 23 Chi
licothe, from Mr. Doreo 8. Co, being letter Of in
PRODUCTION Of Atwood, exchange broker and miller, and
informing the 6rm of the responsibility Of Watts sey-
former repusd to be worth $s5 ooo and the is
ter $40 600 in unincumbered property The second let
him that from a cous learn Ws
were both respectable and could be relied upon
and would give receipts for property which they had in
that
nettled with ALL and had offered to leave his his
iathers in blank with Adams without any receipts The
letter contains the propositions of Adams AZ length end
other business matters Mr. Dors testified that the for
nation respecting Douglass was received from MIR.
Adams.
FRArcrs B. sAon, called-Am one OF the firm Of Sage
suydam Co. wrote the letter which nov hold in
ny hand to Mr. Adsm. after the receipt Of Mr Dsrs's
letters authorizing Adams to draw upon m r house
forwarding receipts of Messrs. Watts ant ssy maur, Of
produce deposited with them consigned q ne house Of
soon "a navigation opens and directing the property TO
be insured and policies to be deposited with Mr ws;son
Mr. Sage then read various drafts Of Adsms which had
been paid on order at maturity upon receipts accom-.
panying them signed by Watts at Chilcoshe and sey-
been deposited with the sgners These drafts were no
laid in the Indictment as having been paid uponhe falso
20h 1884, for 200 receipt of produce n depos
in connection with them.
The defence objected to the introduction of these latter
drafts, which were embraced in the seventh rho
Indictment the ground Of variance the letters being
added inhe indictment when it did not appear in the
cept and an insertion Of the proposition for instead Of off,
Theycontendsd that this enough qussh that
The DsTRIcr ArToKsKv maintained that the variance
not FATAL and the Court intmaed az much Pending
this objection the Court at o'clock, adjourned till Mon
day at III O'Clock.
The CAPTURE OF SANTA ANNA.-Santa Anna,
previous to his capture had written to the Pres-
dent, General Harrera, the 10th u from his camp
and General Cortzsr and Msndo.s late Of his suite
e also begs passports for himself that he may leave the
country and, as he says. "seek abroad home
might end last days. He sstes that he has slready
given up the command of his army TO General Morales,
who would proclaim the Constitutional Government.
He authorises certain Commissioners to to
the ChaNbers his renunciaon of the Presidencv