The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-21

Q'~Wss there . civil suit of DARCY against Ger.
'A.Yss and the D. Sint,n told me that while It was
| pending CARPENTER ha.' him arrested on . charge
Of murder Qsughtsr) and, sat ne !plsnt was wholly
does not recoect that an sdo the case be-
fore Justice Drnker, took ps,S ~ ais suggestion In
order to give him twitness tms, procure esdsnos
THE proceedings before Justice DR. we're here put
In evidence Has no recollection ~ saying at Love
joys Hotel that Carpenter trout Ne:ons man. and
i. Boston s saw Vai man named Nath.n
hned there for counterfeitng; has seslN snsrs
went to the prison with him but were in hearing
when he saw Young; Mr. Kellogg was eupfoysa 1.
operations about the Kidd vessel In which Ntnsss
Re. era~ined-went to Boston at the rs4u,wt u the
Attorney General for the purpose Of What
Young knew about this matter for the prost cusoni
had no other objects was requested no.' never
tried to get Young to nythng but the facts Young
logg also engaged by the Attorney General 10 80
to Boton on this subject; Lynch, whom he msntioned
never made any charge sgainst Carpenter which hs
knew supposed to be slse the feeling between VIZ
friendly and Cordial they have had no personal quar-
rels feels as though Carpenter had injured him very
ana ises towards MN man m .hs :,
other trial, IL he is really innocent
,,,S G n AL, Why II was you
Al was under an engagement to go along distance,
over 1000 miles, and to be away number of onths;
also thought that 1t the cheapest way could set
Ito it, for II | succeeded knew that tarpenter was
irresponsible for the costs In reference to the iron
iDg Of Carpenter witness said that Whitehouse Che
officer told him he should put him In irons, he want
ed go and look after Andres and witness remarked
that 1t proper, or something to that effect
| To Mr.. BRApy-Does not know that before his con-
versaton with Whtehouse, Carpenter was in the VI
cinty Of Csldwelrs collecting adavits for certain
purpose; dses not rscollect that he (witness) Was
threatened by Carpenter with prosecution; White
house ssid he was sent up to by the Chief Of
Police to arrest Andres and directed that IL Carpsn-
| penter intsrfered he was to take him.
The cross examination of this witness lasted the
whole day and had only terminated at the rising Of
the Court, little after three o'clock
Ocr 2O-The trial of Charles II. Carpenter con-
tnued this being the eleventh day it has occupied
Mr.. MoKEor (the District Attorney in Consequence
Of what had been ssd by counsel for defence during
pared to prove, that wherever papers and vouchers
were spoken Of that he (Mr. McReon) had sxamiaed
them and had no doubt Of their genunsness. Also,
that Carpenter Of the oginsters Of the Kidd
operations and urged that the matter should be put
This he (hs District Attorney offered to prove by
testimony and by letters and papers in the hand
writing Of Carpenter himsef further that Carpenter
present at the time Of the Of the aud
the boriDgs that be communicated the result to Mr..
Pierson (who was not presently by letter and that
would disclose the matter till he could brug
in some friends Of his ct IL O'Clock.
This offer was in writing, AID when the District At
torney had read thus far, the court enquired the
remainder Of his offer Was on the same subject
The DIsrnIcT ATToRsEr replied that IL was that In
this there had been such effort to browbsst
the public officers to arrest witnesses during the trial.
20 Inn Ac ia ma oor
into these mstters and he wanted to Investigate the
whole Of them fully.
The ATTORNEY GENERAL remarked, that after tho
Judge had ruled that 1t had nothing to do With The
case, MIR Cutler made a long statement relative TO
that Carpenter the victim Of what they call the
Kidd Company, whereas they (the prosesutors' oaer
The JuDor, in ruling agaiust the admission Of tbs
sviasnes said there need not no. be any as
Cutler in his remarks II he had understood them then
as he does now; this Was trial indictment for
smother matter, aud they had nothing to do with the
Kidd Company; and he was sure the jury would I'M
ders.nd that, whatever the public might think they
AlrRsD L. srorMs, examined by Mr. McKsou-Is
resident Of this city knows somner Carr aud Sc yell
l. Black they rsside In Maine; saw them Monday
last here In Court In the day time and about O'Clock
In the afternoon; saw them on board the steamboat
Commodore" bound Tor Boston.
Mr. Mokso, offered to read the dispositions OF these
absent witnesses, and counsel for defence objected.
long discussion ensued but the Court ruled their sd
Barren against the People where Il was decided that
such evidence WAS admissible when the dsponent 10
dead insane &c, 40, or absent from the state. Nov,
MIR Storms has proved their absence. aud the pri
soEer present BY his counsel during the sxsmns-
ton, the Law has been complied with and the written
dispositions may be read Counsel for defence took an
The ATTORNEY GENERAL then read the depositions Of
sewell L. Black Jus tice Of the Peace Deputy sheriff.
and Of the selsctmen Of Palermo in Witch gave
Trev r. Young (the witness examined la this case)
sSoa cssraser never heard anything I'M asioa. to ns
not admitted, a. he bad been examined ON the uial,
and opportunity had been offered him then OF tss
tiyng to the character Of Young On evidence Of the
record Of the conviction OF Andros being offered BY
the Attorney General, Nj Brady objected toit; nrst
the grounds that Andres pleaded guilty the 9th
Of October (this msnth the day after the jury
the present trial and secondly that convic-
evidence against an ascsssory. He submitted that
there was no fast in evidence which completed Car
psnters guilt on the day this trial commenced And
suppose II possibe TO have gone with aud
cluded this trial the day the jury then
there evidence Of bis guilt In eristesos is 10
then reasonable that compssnt evidence Of his guilt
should be made by the admission Of the prncips the
day after the trial Of the accessory commenced He
therefore commended that there legal facts
warrant the conviction Of the accused. Counsel re-
ferred TO several authorities In support Of his views
necessary TO be proved was that Andres was guilty
CT TIE act before the tria commenced The prinspsi
must be convicted before the accessory can be tried;
but the question H. Ii IL before the q
the trial during the trial. He (tbe Attorney Gene
rsD maintained that both the principal aud accessory
may be tried together, though they must establish
the guilt Of the principal before they ind the
cessory guilty.
the Court decided upss admitting evidences Of the
conviction, after the present trial had commenced
proved that Andres Withdrew his plea Of not guilty,
and pleaded guilty TO Indictment Of fOrssy In the
second degree, on Tuesday, Oct =, 1st9
Cross ersmf-ed-Andros was not sentenced nor
committed to prison after pleading he did not give bsn
] To Mi. McK1os- Recollects that the Court Of ses-
sons consented 10 send him here In the custody Of
officer; there was subsequently commitaI.
The ArrossEr GNSrHAL minated that the prosecu-
tion had nov concluded with tn. exception Of giving
In evidence letter OF Carpenters which they wished
TO produce but the person In whose possession IL Ia was
/ not then In court
MIR. CurltR, with view to shorten this trial, from
present legal aspect Of the case sontpded that the
prisoner ought to be acquitted On the evidsnss "a
Young and Andres, ne IL stood the defendant could
never be convicted. II boungs evidence be true Car
penter 10 guilty principal and not - accessory
Counsel having argued the Gaze, asked the Court to
strike out end reject altogether the testimony OF An
dros and Young and referred TO the case OF the People
against nipple page 707 In support Of his argsment
Mr. Cutler also referred TO I'd Darlington aud Paine.
! Andres WAS pardonsd ON one Gaze, convicted Ga an
ether and there several other cases hanging
him. he IL convicted felon, and his testimony ought
not TO be received He also contssded that the sxis
tepcs " such bank ss the Ocean Bank should have
! bees proved
Mr. Beam followed on the same side, and was heard
OF great length Ia oontending that upon the Law Of
the case the prisoner entitled to scquittal row
for at the end Of another week the Judge could
be precisely In the same POSITION and End his duty Ia
be precisely A. Ia novto direct the jury TO nnA
] vprd An. ayO "a