The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-16

on the table, and them when stepped up to do
su:1''; with M l the SGs e. days
talking business; this or eight clock in
To evening; this was the last time them talk
business; prior to 47 M and B. we're intm& te had
q bond Of Joy farm n Charsstown, of which o aud
M. to take one-quarter; met them at f. chanxe
Coffee House about January 46 10 references - this
purchase the title having been examined proved not
satisfactory, and the trade fell through
Cross-fnfe'rogation First introduced to B. ia the
Legislature some four ago; then had any per-
sonsl interviews with B. in reference to railroad bus
nsss; had no other particular transactions with o
hrst spoke on the subject Of my testimony With Mil
Ter some three weeks ago; didn't want to be witaes
on account Of my bust ness Mr. Fiske some three
days ago; didn't say any thing to him about the sub
ocs in az sa% ps ~ss but som M ii.
feet from him; didn't notice aay particular dgures
was waiting impatiently for Miller seal any
[Tne evidence for the defence was here closed
Mr. Parker put in the following rebuttng testimony:
JAMES H. RAYMoNp.-Resided in New York city
some nine years; am lawyer; known Miller three
or four years; know James T. Rogers, and Mr.. Ma
son, the witness who testified this morning; known
Rogers eight years; about eight years ago was his
counsel; his general reputation for truth and
city is very bad he speculator in general known
Mason some three years; his general reputation for
truth and veracity is bad he has been la ~yer and
is one now; Mr.. Miller and Mr. Rogers have been
very intimate; M has not been particularly iotim Ate
with Mason; SEINE time last summer met Miller
the Exchange, New York; Miller said Mason was 60
ing to be witness for him; | said Mason vas apt TO
be free in his statements; Miller replied if he has a
ross-eraminedI testify at the request of Mr. Bel
knsps COUNSEL and the agent for the Common wealth;
never knew of Rogers being called as Witness sx-
cspt in the Police Court; don't practice in the Po
lice Court; no man in New York sustains worse
character for truth veracity than Rogers it has
been so eight years; have prosecuted him for fraud;
have not had quarrel with him; have got in my
hand evidence to prove him guilty OF perjury; have
no unkind feelings toward him, but think him a
cali practice in the principal courts of the State the
Supreme and Common Pleas Court my relations with
Mason have always been amicable; my expenses fer
coming here have been paid Rogers got my note from
me for $3.50, last summer, by fraud.
N. WATsoN.-Knew Charles Stratton; | am employ
ed on the Fitchburg road; reside IN Charlestown;
known Stratton some seven or eight years have not
seen him lately; knew him in Worcester, Charlestown
and Boston; have heard persons say they wouldn't
take his word on oath never heard much about him
CHARLES P. BANcRoFT.-In commission business in
this city; first knew G. Stratton in Holden; after
wards knew him at Worcester; he was first clock
but little Of hm since he left Worcester should think
people would generally doubt his word; have often
heard people say his word was not to be relied upon.
Cross.eramined.-The house he kept had some effect
on his general reputation it drinking house; Mr.
Davis, Of Worcester, thought him rather slippery
SAMUEL O. MEADE.-Know Newell Adams; De-
cember 2, the day Miller left, | met Adams 10 the
street. and We spoke something about his writing the
notes he then said he had frequently written notes
by the direction of Miller but 1t curious he had
never seen Belknap sign any; made memorial dum
OF this conversation an hour two after 1t made
found he felt disposed to reract what he had said the
day Previous he sad he wouldn't deny he had said It,
but must qualify it, he had thought of something
since he said he had said too much already, anu
should say nothing more about il he then said Mr.
A. H. Fske had carried him to East CAMBRIDGE in a
SsD a1T b ne nad to get out Of
notes read to get something out of me, but don't
think he did get much"
Cross. COMMUNICATION in Belkpap's employ the
last conversation with Adams written the same
DIV it was made thought it strange Adams shouldn't
have seen the notes signed, as he wrote them
Oliver M. WHIPPLE.-Reside in Lowell; powder
manufacture: known r. M. N. Smyth about four
years. be used to be in Lowell great deal during that
tme his general rutaton for truth and veracty Is
bad; see n great man, people who were acquainted
with him.
Gross examined -Smyth's business, when knew
him. was selling water wheels; he was witness on q
trial in which was party; the ceSse was decideo
against his testimony, and in my favor.
LUTHER Observation-Disclosures in Lowell; kn,HWn n. M
Smyth four years; knew him at Lowell; his General
char for truth and veraoity is rather bad lave
heard quite number of persons speak of him. hesrt
him spoken of at Bangor and at Lowell; it was about
the opposite side to him
JOHN j. ScoTr, recalled Received 5000 Aug.
attn, from g. Miller; am confident received it from
JAMES H. RAYMOND, recalled-Since left the stand,
Mr. Mason asked me from what sources my knowledge
OF his reputation for truth derived; he is a man
OF excitable temperament, lively Imagination, and
likely to be imposed upon by cecil and desg ming men,
be liberal to excess but he is easily led into exas-
gerations; this is the reason Of his character for
truth being bad don't think he would maliciously ut
1.-THE Court adjourned till tomorrow morning at Q
OCTOBER 14-HoRAcE GREEN.-Reside in New York;
came here Thursday morning on my private business
know John Mason; reside in his neigaborhood; know
many of his friends heard anything against him.
Cross-eramined.-Known nothing Of Mason's business
trans actions; met him last evening at the Revere
House; know nothing of his early history
n ts % IT, a. f.ce Ts sHs a
Mr. Beknap ceased going to the 4h Ward House about
the spring Of ls47 it was about the time the Revere
t., nov
signed FIVE notes corresponding in date, payable to
Mer paid those notes; they were regularly entered
In the books.
VIM. d. WEsToN.-Reside in Duxbury; do business
in Boston; known r M. N. Smyth since 1885; his
general reputation for truth and veracty is not good
CONFERENCE.-The lawsuit with him in 1887 and
1885, it lasted some tme it was in relation to eastern
lands
JOHN DooeErr-Resided many years in Boston;
known II. M. N Smyth since 1885; he don't stand high
as man of truth and veracity.
Cross communicative never had any controversy
suffered from taking his werd
s. F. BELKNAP.-Have heard the testimony of Newell
Adams; and the deposition of g. Rogers; don't think
at the 4th Ward House in July 47 did no bust
there them in the spring Of 47 went to the Re-
we're House; no such transactions took place at the
4th Ward House in the summer of '47 as have been
testified to; in July and August, '47, received no
money from Mr. Adams, or MIR. Miller, except the
10000 dollars have testified to; heard Stratton and
Johnsons dispositions; they not true; have
collection of ever going into the Federal street House,
never signed any papers there of any descriptions fire.
wrote at the Atm ward House; OCTOBER, 40
gave Miller five notes, which signed there; did not
give him any there in August 47 there is part of
my previous testimony wish to alter.
Cross. examined Il received the money for those
five notes through my clerk, think.
(This closes the rebuting testimony the part of
the Commonwealth. The counsel for the defe ndant
then put in testimony in reply)
JAMES w. Characteristics in New York. not
requested to to this city In relation to this trial.
known John Mason two or three years; him in
court; once he witness in where was
COUNSEL met him at the Historical Society," he always
appeared like gentleman.
Cross. erdmined.-Never heard his character for
truth and veracty discussed.
PETER DuNBAR.-Am a truckman; resided here 20
years; known r. M. N Smyth five or six years; he
lived here during that time; know nothing against
him; heard any thing against him; never heard
his character for truth and veracty discussed.
Fl. WILLIS Reside in Boston. broker; known r.
M N Smyth seven or eight years; he has been spec
uator in land and other schemes; according to my
knowledge his reputation for truth is good; never
heard it called In question.
Cross Eraknine Have never had any interest in