The New York herald., 1850-09-21

Gs. w. sss ga sSh S Robert ss Il HaSsi,tos 10Th DO
Nicholas T. an, llth do 10 Bernard o.eh 4sh do
Joseph eaSos Haii sd ''' DO is EDGAR stsn.ss1y A
The prisoner was then given In charge. Mr. McKeon,
ing the Attorney General appeared for the proseeu-
ton The Hen II. NJ" 'ris. Mr.. Horace y Clark, Mr..
Goodwin aud another counsel defended the prisoner
for the prosecution aud having stated that as on
former trial the jury did not agree on verdict ne,
on consulting with ar. David Graham, who repre-
sents the Attorney General In this case, came 70
the conclusion that it was due, not only TO tne
public but to the accused, that the case should
be again fully investigated The counsel continued
to detail the particulars Of the charge whish lie
inttnss to bring witnesses to sustain ue pro.
the fragments OF the torpedo box TO the Jury
il was in the form OF = s.gar box, and OF thick
heavy wood, about eight inches long, by four anu
half inches wide. On the inside of the lid Was sandy
substance 70 placed rs t. create ignition Win usr
matches contan in the box, and consequent expio-
sion when the lid was drawn There wae.a powder
fa.k also, and several other small things, such as
nails &c.) The District Attorney sal they wouiu
prove i'll feeling, and threats OF Drury towards
Warner who bad previously been his lawyer ana tina,
Drury was elos.ted with Brissol Bill ald One. EYED
Thompson in Brooklyn, where the conversation De,
tween them about counterfeit bills and inernai
machines will be proved by witnesses who overheard
them In nludiDg to the flight OF hr warner, ne
would remind the jury that it was not merely trial
for attempt upon his life. but 1t affected the ooni-
munity at large, and would he dangerous state OF
society If such crimes allowed to go unpunishal
In conclusion lie d.fed them, on the other side TO
show any desire the part OF himte or his associate
Mr.. Graham, to screen any one interested IN TINS
prosecution. Mr. Mckeon then proceeded 10 cal AIS
James B. sheys sworn and examined by the District
Attorney, deposed-I have been an assistant Justice
till April, lSIo; know Mr. Drury and Mr.. Warner;
on Monday the lst Of May, ls49, was st.ndins on
the centre entrance to this building Mr. Drury was
there also; he stood upon the threshold and stood
upon the lett hand side Of the door, after the custom
airy salutstiop, I said to Mr. Drury that hoped he
had early got through his tgation said So having
seen him so much about the courts; he said he was
afraid he should have more trouble; he said r war
TON Warner, as he called him, had been pre-.
fessonay engaged for him aud that he (Warner) had
made out a robbing bill; be particularly complained
Of Warmers putting items into that bill FOR the travel
ling expenses Of member OF his family solng out
West; he complained also of Warner being ungratefu
ard said that he (Warner) had come to TINS country
very poor that he had drive in London and that
he (Drury) had procured him great deal Ct proes,
sional business since be came this country said
that Warmers bill should cause him no uneas.ness, as
II would be submitted TO a taxing officer, and any le
gal charges would be stricken out; at that moment
saw Warner coming by the Recorders Office; re
marked it to Drury, and be said Yes there the ID
fcOUndrel comes. III fix him yet Mr. Warner passed
In the Of the walk in front ef and while
he was passing, Drsry looked at him very intently,
The District Attorney-Describe the manner Of
Drury.
Mr Clark objected to the wtness's construction of
Mr. Drury manner.
The Judge said it competent evidence.
witness then said-rhe expressions OF Mr.. Drury
made in a strong. emphatic. distinct and audible
tone Drury usually speaks in low tone bat this was
rs distinct as the hiss Of serpent
Cross-exsmned by Mr. Clark Il was not an assis-
tant justice at the time OF this conversation q
What are you now! Al was reared TO the proies-
zion OF the law, but whether ! am a lawyer or not
cannot say. (Laughter) q DO you not write poet
ry and attend TO the indulgence Of the poeta f.ucy
than to law! Al sometimes do indulge
than TO take tees TOR legal advice which am not able
TO give. daughter Q-Do you not frequently in-
dulge in Imagination and fancy circ cumstances which
have never occurred Al tried 10 imagine that
you were q gentleman and man Of education, aud
had 70 give IL up vain Imagination. lRsnesed
lsurhter1 O-Did YOU ever borrow nor ey from Dru-
w i ti1 nn. tllpef | IA
shings from him within few weeks previous TO that
conversation | never borrowed So from him ia the
tetrtd this evidence TO Mr. Hceou to aid the of
justice. which consider citizens first duty at the
time Drury made the threat thought it related to
the law tuit between him and Warner. but when
heard Of the torpedo explosion changed my mind
Mary Regan. examined by the District Attorney de.
pesed-I live in Brooklyn at present | know Mr.
Thomas Warner; did house work for him In City Hall
Place; lived with him eight months; left him in
July July year sge; lived With him In the
house was there the night before the plosol; do
not reoollect the day Of the month. Q-Wss
tho eAplosionf A-Yes. there was; between nine aud
ten o'clock the door bell rung opened It; saw
what seemed to me to be colored man Who gave me
a parcel; be wore dark cloak and hat; the cloak
was fastened by clap OF chain; he seemed TO be
black man, as black man ss any saw since came
TO this country Qaushtsr) he asked me n Master
Warner In, and 1 said he not he didn't say
anything, but gave me the parcel and went away; L
was alarmed; the man seemed 80 black that he fright
ensd me little his hat was down over his eyes and
handkerchief over his mouth; took the parcel and
gave it TO George Warner who had jus, come up the
hall to ask what the message at the door; he
brought It devn stairs and gave II to his mother:
think the parcel was eDyeoped la newspaper
nsTsr ,,, s ba soS o. m. the .Oa Of ss
boz Twas home the day Of the explosion 1t was
the dsy after the receipt of the box Mr. Warner was
not at home the night OF the receipt OF the box he
left that evening" he returSed next day the day Of the
Q explosion between one and two O'Clock, think We
gel orally dined at 1 or lh O'Clock Mr. Warner hal
yetu rned befo he nj
II was something about .n hour to an hour and ahaf
they generally dined in the basement; l vi. in the
Kitchen when the explosion took place.
Cross examined BY Mr.. Clxrk-The man who brought
the box left 1t after told him Master Warner not
% 1ant ,Ssr.' hmMr T and Mrs % warner % and son.
and Mr. and Mrs Coleman; Mrs Coleman is Warmers
daughter at the time OF the explosion the family coa
sisted OF Mr. warner, wife and son u told Mrs. War
ner that greatly frightened by tho person who
left the box that he was so black he scared me so
told her about his hat being pulled down II was the
next mornpg told her; also told her 80 fright
eped that IL kept me awake all night I did not tell
her the night the box was left there was no one in the
house at the time but Mrs Warner, George and self
did not enough 10 be able to tell whether the
cloak had q velvet collar net
Mr. Ciark-Ws call on the prosecution to produce
that cloak which here at last trial and which
to by officer Smith having been found BY him
at Mr. Drury heuse at Astoria The cloak Was sent
With vii it, " material ''' w A''' ''"' ''''' ''AA'''''
Cross-sIamination continued.-Mr Warner took
TO the once Of the Chief Of Police; AFFIDAVIT was
drawn up; don't kno~ who wrote down; Mr. War
present at the time Mr. Warner asked me N
the man who left the box had one or two arms and
said couldn't tell; be asked me II the cloak had q
clasp and chain.
Mr. Clark produced the witnsss's am iavt In which
she It had velvet on IL and then ssked her II she
Tecolleeted that she swore to that factl
witnsss-I think Mr.. Warner asked me u u had and
said yes; do not reeollect parcel coming to the
house previous TO that one; recolleet Mrs. Warner
being In the habit OF picking up scraps Of paper be-
longing to Mr. Warner / never saw her do {. until
after the explosion; reoollect the time Mrs Warner
left Mr. Warmers house; George left and left at the
ssme time Mr.. Warner told me he did not want me
to stay In his house any longer and not willing
to stay, whether he did or not; Mr. Sparks (Nr. VS.
partner did not sleep in the house when left -
pieces Of paper produced cleaned Mr.. Warmers
private office. and used to take away pieces Of papsr
such ss these he used to tell to take the do~n
for the Ere; threw them aside FOR that purpose; u
was from such these used TO see Mrs Warner pick
the papers: don't knev Mrs W Warner to be ntempe-
rate or crazy; she seemed to be good houseksper;
hut kno~ nothing more about either OF them. aud
there Is use In Jour asking any other questions
daughter
Reexamin.d -It was inst before din,sr tina tba