The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-15
NEW YORK WEDN ESDAY MORNING MARCH l5 lS4s


the transactions to which Mr. Brown the last witu's
had testified In tho carriers the Nassau
street side 1t was abou4 o'clock in the morning when
went into the carriers room; ceuld see the tables in
the lower part Of the building from this could
see the eastern table In particular saw Marssllis at
left my position.
@ Did you go there for The purpose of Watching him,
or for Whist purpose did you go there
COUNSEL THE DrFENcE objected contending
that the question not relevant to the issus The
question would only tend to prejudice the accused
The COURT felt was competent to put the question
to the witness
WITNESS, in continuation, to Mr.. Butler -Msrselis
when | first him, went to his table. He then
crossed To the east letter distribution tahsto
either East or South, sm not positive which. He re-
NAMED there long enough to pick up some letters
mails that had been put up In bundles for his depart
ment ne supposed and then turned to the city table
lying the table, took two Of the letters
then believsd, and put them In his pocket. about
twenty 1--WE or thirty feet from him at the time He
then went over to his own table never knew any of
this movement, Waited th,rs few minutes to sac
some bags sent on then saw him move his hand, and
thought saw some mails hanging out of his pookst.
went down stairs and on my way soue towards Mas
ssu street, met Mr. Brown and asked him TO with
ne to Msrseliiss. We went, and found him standing
by the sonth letter table 1t vas not part Of his regular
to see you He sss.d me what wanted Of him /
told him wanted him to step here, pointing towards
the postmsster's door We went there together, the
three Of us-brown prisoner. and myself said to him,
" ntsd those letters The first answer was what
lsttsn' said Those letters you have in your peck
but can't recollec. exactly all that passed after
controversy took the letters out Of his pocket and
handed them to Mr. Brown; took them out of his pan
falcons pocket there were two packag gave them to
Mr.. Brown.
Cross Examined by counsel for tho defence i was
examined before Mr. Morton said that occasion that
thought saw him take one now say that felt con-
fdent saw him take one; don't rseollsct that saw
him take more than one; | said befort Mr. Morton
that saw something sticking out Of his pocket;
went down stairs IN consequence of seeing tho
| transaction | did not say before Mr.. Morton that
packets cannot positively wear as to the color but my
impression is that it was reddish color there was
light enough in the building 10 ems de TO the
color; did not obser-e the shape OF 1t at the time
believed at the time it was one OF the mails that he
took from tbs office these packages (produoed one
reddish color and The other light brown; think 1t
tho light Drown color that stiokin out of his
pocket he did not at 6rst that he would give the
let r. in the of the conversation he said. its all
right want to -how them to Mr.. Norris" can't
H. DAY. of the firm of Wilson * co.,
81 js-tifed that he opened the l-ttsr here
PIC '1Uud quarter of doller in 1t. No
VILLA of tho firm Of " Burns Co )" te-,i-
fed that thu letter referred to and produced ad
dressed to Burns GO !" to watch frm he belonged
It contained twenty Ave cents In slvsr
MIR. MORRIS Postmaster, testified that the prisoner
Marsslis was the head distributing clark at eastern
mail table; his duty to take the mails at that
table, and Distribute them the post 1t dis
duty to BIS a. The southern table, described by OF
the witnesses
Mr. BsowN was recalled and testified that prisoner
admitted he had taken letters before but ID because
| his family we're starving
Mr.. MoRRn was called, and test,dad that prisoner
admitted he took sttsrs bstore, bu it he said In
consequence OF his family b.ns ia state Of Starvation
Afssr sons argument between counsela to the adms
sbility OF certain Documentary testimony rendered
part of the prosecution prnted the Post
mastery tbs case Was adjourned oysr 20 Tuesday fore
noon.
M.ncH Ia At The osuing or the oouet this morn.
Ing Chis trsl resuined
Mr.. MeRgis ras sgsn recalled aud testified that the
priatsd instructions produced in relation to the
| On Wpy % na
! Postmaster GeE-ral.
COUNSEL ros DErsNcE objso..d to thi, sore OF tss.
aOny tho ground that che printed instructions put
IN were but copy, sRd II received at all saoud be
csiyed as secondary evidence.
After some brief Argument AS to tbs almi,sbility of
this test nouy the question was left open for future
stage Of the ease; wncn
COUNSEL FOR DEFENCE opened part OF the prison
er-The question Of law was that upon which they
meant TO mainly rely namely, TO whether within the
meaning of the act stealing from the post oios"
"robbng the nail" chs prisoner could be hsd Thy
had it in testimony that the prs ne had taken
tue eters for the purpose giving them to Mr. Morris
This in the oc- and there nothing to constitute
the theft or robbery. They were also to consider
what il meant by mail, aud whethsr the taking OF
letter in the office end not removing thsref5om
5ituted aroboery OF tho mall WITHIN the meaning of
| the act.
WnLrAMB TAYLOR was oslled aud tsstiae | that he
knew the prisoner, vino had been employed in the post
ose department for the last eight He (witness
employed in the oaice for last twenty years
rived in the Office generally half past ve O'clock the
wrappers generally taken OF the letters before he
witnes whose duty 1t was went to inspsct them the
wrsPPeto were aheh OH BnerSy ny uf W h'e ciefksi
tne PACKAGES we're sometimes p'acsd III cenVass Days
NO cross examination
JOHN hokstrooL, cisrR IN ens post ONCE depart
menu test,ueo tnae ne was einployeu On Tue "a
o.. In the.pos. once on the osh OF august GOT them
soout cloch III tue Ornipki BenSrtlty uis
'riouteu the newspapers ana was coanhsu 10 Iaem'
10 cros'exa,ninston o 81, .
ALBERT . NIP resiuin9 ~ ',e fou'Ch street Icfti
fed that be knew the prisoner for the last ten years
ana knew nothing, or heard nothinB' against MS chs
racter
Mr. MARsuRv, United States Assistant District At
torney, here read the testimony taken ey 10 nc the
examination before Commissioner Morton lie stated
that ne did not take the notes full inasnnoh as ne
applied himself principally to the question OF law raised
for the prisoner
COUNSEL Yea DEFENCE here read full notes taken by
MIN at the same examination which went to show that
witness INF MINI upon that occasion stated nothing
about seeing the packages hanging out OF prisoners
pocket