The New York herald., 1845-04-25
NEW YORK. FRIDAY MORNING. APRIL 25 LS45


know not how they coudihavs been copied without my
JUSTICE DRrNKERI wish to state to the Court, that
went to the District Attorney and asked him to give me
showed me, to allow 10 copy the charges and in-
stead of that he took up these papers, which copied
and now find that -
WIISEss-These papers were not given with my con-
sent now the reason why Justice Drnker said,
damned rascal and that was at the bottom OF it
Mr. PArKRsoN-I now ask you if all the facts stated
in these papers are true
WIrvEss-Thoy were furnished by me from memoran
d. and other facts collected by me.
MIR. GRAHAM-I now see
Mr. PArERsoN--These papers were copied without my
consent.
Mr.. DRISKER-I did it with the full consent OF the Dis
trict Attorney and took the copy.
WITNESS to MIR. Hoffman, on part OF the prosecution-
do not know who brought the order from the Mayor
should think the usual officer.
Mr. PATERSON In relation the copying of these pa
pers want to show that Justice Drnkcr was found IN
my private office, copying my papers, without my con.
sent, and not in the presence of my Assistant.
COURT Gentlemen, we have had enough OF this
PATERsoH-A complaint laid at the office against
mar for stealing watch and the man was brought up
under arrest before Justice Drinker the charge As
lar as know, no bail was taken, examination took
place lgound my opinion from seeing the original ai
davit on which the complaint was made.
Cross-eranined BY Mr.. GRAHAM-I not present at
what took place at the tme but wrote the ORDER d.
rectoD OF Justice DR. nker II is this that found my be-
lief upon. The order was given in the Police Office.
j. l.. DICKENsoN recalled and examined lin relation to
the third specification in the first charge by Mr. PArER
sor was present The occasion OF the arrest OF man
named Peter Van Pelt, charged with stealing diamond
breast pin from Joseph Lewis drew the affidavit for
his the request of Justice Drmker; the
brought to the Offices he let off by the Justice did
hear what passed between them at the time the prisoner
and the Justice left the office and subsequently returned
when the prisoner was discharged Witness mad no con
versation with Justice Drnker in relation to the matter
Judge ULsRoEFFER decided that the whole of the tran
saction at the police Office should be given in evidence
Testimony resnmed.-After the complaint had been
made Van Peit came up to my desk and asked to see the
complaint and said that he'd bs d-d he'd give the
watch and money back unless he was certain the com
plant had been made let him see the affidavit.
Cross eramined by Mr.. GnAHAM-I supposed that he
onlyi Intended to have me hear the remark.
QUEs.Did you suppose that felony had been CON-
cunded1
ANs-I thought it very queer transaction and made
micu.e of it at the time suppose Justice Drnker
heard the remark Of Van Pet.
QuEs-Did you suppose that Justice Drinkcr intended
tsrisTs fs@P''m''s si'ny and why So dl' you not
Ars-I supposed, Sir that Justice Drinkers superior
proper and after having given the directions he hat
done, did not consider properto interfere; did NO
| to say that il was a compounding Of felony.
FOURTH SPEcIyIcATIoS.-Mr Dickinson was then ex
amned as to the fourth specification and testified hs
Ellwood was arrested and gave bail that the complaint
was smissed in consequence of complainant having
LETT the city being nonresident witness endorsed the
paper as dismissed, but did not know whether Justice
Drnker had the Endorsement had anything to do
with it wasnot present at any settlement between JUS
tce Drinker and Van Pet.
No other witnesses being present. the Court adjourned
to meet this Friday) afternoon, at five o'clock.
City Intelligence.
DEcHAReE BY JUDGE DAhr.-It will be Irecollected
that on Monday last published account of the ar
rest OF Benjamin Fisk Jr charged with being forger
sets, who was taken board the Sully by officers
NJ Smith, and George Coolidge, Of Boston. IL is with
brought before Judge Day OF the Court Of Common
Pleas upon writ Of Habeas Corpus and discharged with
out bail-he deciding tnat there was not sufficient evi
his hold
will put an end to all hope of taking tugives from justice
found in this city, to the places from whence they have
fed they discharged before evidence sufficient ia
warrant conviction can be produced has heretofore
been held that evidence Of criminal charge having been
her sa was to his held until
requsiton could be obtained from the Governor Of the
State where the offence committed; but precedent is
not much regarded days. Justice Merritt has been
taken to task by the friends Of Fisk who him Of
having given the particulars Of the to the reporters
Now as happens the Justice absent from the city
at the time the case published 1t would however
have been his duty magistrate to have furnished
them and feeling of compassion any other motive
should ever induce magistrate to screen any person
charged with the commission Of crime, from the public
NO matter whether he is rich poor, respectfully connec
ted, or low degraded wretch
CAUTION TO HoUsEKEEPERs.-On wednesday evening
some daring entered dwelling house in the uppti
part Of Henry street, and carried off with him hats
coats, &c. in value TO the amount Of SIS Several lk
acts of robbery have tax place. in various parts Of h
city. within the past few days. There appears to be
regularly organized set Of fellows going about takrf
the advantage of front doors being left open herefoi
people should be on their guard against such.
Upper POlice.-Thursday.- LARcENY.-A
female named Mary MCGUIRE, arrested by officer
Lawrence for stealing watch, silk dress, gaiter boots
basket and silver coin of the value of from John
Mowbray, OF No. 492 Grand street. She fully com
mited
AanEsr OF FRED. PARKER-Oficers Bird and Hepburn
succeeded last right in aresting Fred Parker the coun
terieiter and thef who escaped from the upper police
prison Sunday morning Measures will be taken 10
prevent his escaping again
ASSAULT WITH INTENT TO KnL-A man named Obadiah
Cooper OF Amity street, arrested to-day charged
With having committed an assault and battery, with in
tent to,kl upon Mr. B. w. Ballou, formerly dock
ter OF the 7th ward. Balou passing along Water
street Monday night when Cooper sprang out from
pile of dirt and taking hammer from his pocket aimed
violent blow at the head OF Mr. Baou, and afterwards
fell upon him and beat him. family difficulty between
the parties supposed to have been the of the
sau and il the account furnished the reporter
the provocation was very great
Nothing else at the Lower Police to- day, except few
cases of petit larceny.
Coroncr's Omce.-The Coroner was not called up
on officially during the day.