The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-24

asiO It,
tempted TO slip in evidence when the prisoner was
without counsel" To this expression the District
Attorney took exception and called upeu the Court to
rebuke The counsel fer using such Language The Re-
corder said he Did not hear the expression az hs
When this mattel wa. settled Mr. Clark sss d%e
The testimony which proposed to elicit Is Material
as tending to rebut the statement OF young Author
rather TO account for the seeming intimacy beweepx
Thompson and Bennett, which iswholly attributable
to the apprehensions of Bennett. The evidence in
refereece TO conduct dropped, and the
Witness 1resumed-I have Mr. Bennet's hand
writing; don't think am well enough acquainted,
with it to say whether certain note is in his hand
writing
Cross. examined-It was about the Let Of November
that Bennett told me Of Thompsons threat to burn my
barn; ne told me what caused him to say so it was
because bad forbidden his family to pick berries from
bushes which grew in the lane near my farm I want
ed them for my family. and said they must GO
farther back; when Bennett told me about the $50 al
tered bill. he gave to understand that it but
short time before that he had seen it, should not
think it could have been so early as August
Matthew Clarkson sworn-I reside at Flatbush;
have known MIR Bennett about fifteen years. never
heard snythneganst his reputation prior to the So
called Foster forgery.
Cross examined-I have had business transactions
with him. have visited him about three times, and he
has returned the visits his daughter is communi-
cant OF the church which attend
VIM ii Newman sworn-I resid at Flatbush / was,
up to alb nut three weeks ago rector of the Episcopal
church there have known Mr.. Bennett about six
years his wife and daughter were communicates in
my church up to the time Of this change /
heard any thing against the character of the defendants
i always regarded him ss man of probity.
Crosse1amined-I seldom met Mr.. Bennett when
called at his house.
Thomas Picl sworn-I a law copyist; I am IA
miliar with writing "A copyst in Mr. Warmers Of
flee about nine months: have One Eyed Thomp--
son there have seen his hand writing Note shownl
From my knowledge of Thompson's writing, and from
inspection of the capitals In this, should say it
was his hand; have seen him write two or three
different hands; his usual hand is a bold one, but
have seen him write a cramped hand; there Is pecu-
lsriy about his capitals which recognise in this.
Mr. Clark-These are the anonymous letters (some
discussion here arose as to the form of question and
Mr. Clark made of expression to which the Dis
riet Attorney again took exception and called upon
the court to notice it)
Mr. McKeon-We intend to hold the Court to it's
duty in this matter the Court would hold to
RecorderThe Court will take to do its duty,
and If possible hold the counsel TO theirs
witness resumed Looking at letters presented to
him)-This letter, addressed TO the Mayor, should
think is in the handwriting of Thompson; this one,
addressed to MIR Wilkes Editor of the Police Gazette
should say is in his hand another letter presented
by counsel for the defence This letter addressed to
it is one of his ordinary hands
The following lisa copy of the letter which shown,
to the witness; it is addressed to
J. G. Ashley, Esq,
Friend A.-Keep in good heart, and excuse for
giving advice You know where am; but it is
thing. tor in time IL will be weil-so it will be with
you Your friends will positively do all they
aid you with the Governor-itis your only chance.
Were you. would plead guilty. State the facts viz
that you procured the money of Drury &C, &C L
have positive promses in yeur behalf and you de-
pend upon their fulflmsnt With all Of this cry OF
conspiracy and pigeoning &c &c, 1t would not do to
act to commit the parties through which the
damned scoundrels that are struggling against the
consequences of their guilt. can obtain the victory.
II you make up your mind to do 1 advise, let It
there remain fixed. and exercise your faith, mot,
judgment that all will be right
Ever truly. yours
0SE THAT WILL NOT FoRGEr YovK FORTUNES,
OR FAIL TO Acr As He PRoNIsks.
The witness proceeded his crosse Examination to,
tell of telegrapbc messages received from Thompson
while he Mt the West. Q.-When you received
these telegraphic dispatches from Thompson, where
was he! Ale was up the country somewhere O.
And you recognised the writing as his, A-Yes
Mr Clark-Doss the witness mean telegraphic dss-
patches!
Mr. Grabam-Mr Clark, you have examined the Wit.
ness; now let me examine him. Several papers
shown witness could not recognise the handwritng0
Wnness.-I was subponed this morning; / did not
the note till into court this morning: IL.
shown me by Mr.. Clark; Mr. Drury served the sub
Bona On me a. about ten o'clock The anonymous
these Letters in Thompson's hand but ros the Hp
p arance OF the capitals believe they in bic hand,
writing; also think the diction Is something IKE
Thompson's before would give testimony in this
case IN 6-eer to be certain asked Mr. Drury to show
writings which letter knew LDrury had for hsd
copied it; was witness in the Drury case; Was
Mr.. Graham-You were called to prove an inmate
rial fact on the occasion of Drury's trial
Mr. Clark lrising)-i object TO the counsel for the
persecution telling witness he called prove AN
immaterial fact.
Mr.. eraham-oh. sit down, and behave yourself
MIR. Clark twarmly)-I am not to be told by the
pretended attorney general TO sit down. and behave
myself He is not the attorney general, but "a i'm
what this is before I have done with IL armIy
believe this old man innocent, and tn have been de-
signed us the victim Of as wicked a conspiracy A, was
set ON foot to convict innocent man All the
parties concerned In IL ought to stand in their true
light The real criminal stands behind the scene,
controlling its movements and has summoned the
aid Of the public authorities to consum mate his wick
edness | now rise to make this objection to the
question IL Is leading in form and as II relates tc
matter called out by the prosecution Is inadms
sible when private counsel Is brought to aid a pub
lie prosecution they have ino other or greater rights
defence. infa
prosecution is not to be sustained by over-ridine,
any Of the well settled principles OF Law AZ f,ai
that an attempt has been made to crowd me tbinl
they set out with the deliberate intent to strange us
taken TO d fend this and shall not fan to nsr
form my duty towards him. Not hair OF his head
shall be harmed Till he II proven to be guilty IL is
not In the power Of those gentlemen. BIZ menace bv
ojections by braggadocia TO drive me from the no.
tltien which have assumed, and which believe 10.
question ss 10 whether this testimony Is admsibe ia
squire question q Law upon which have right 10 be
me TO at down 1 stand alone and there are three on
posed TO me; but were they forty they could not az
ter me from careful and scrunzing defence Of this
Mr.. McReon-The court must have heard tb..er..
marks -" The pretended Attorney General" "Infa-
nous prosecution bragzadocioi As 10 the ar, 90
there. "the pretended Attorney General nv cores
potdence With the Executive % the State with the
Attorney General and the Supreme Court will sul-
GENTLY refute any iniimation intended 10 be con
vcyed by the remark cannot but call the attention
Of the court TO such a remark a. Infamous nro.a
cution and a. TO " brsgradoco-
Mr. Clark-o that -as meant for you; the District
htorsey IL the hrargart Of the case
Recorder ! exceedingly regret that during the
trial 81 this case % much time has been taken up in
psr,onainie, between counsel The case has been
air sdy too long extended The time of the court and
OF this jury has been too long occupied ~ 10 regret
exceedingly that such terms should be used. thinE
improper remarks have been made on both sides The
terms used we're improper; on the other hand when
counsel rose to object to question telling him 70
~ down was improper
Mr.. Grahsm-Now that this disS-acefuI matter ha.
been passed ovcf-fr do consider II disgraceful-I
rise
Recorder" Nr Graham do not understand what
you mean BY being passed over The matter here.
dropped and the witness resumed his testimouv.-I
was witness In the Drury trial; produced nv
Drury; Mr nrury exhibited the letters in Thompson
handwrting; there were two three; one ofthem vas
IN Thompsou's regulsr handwriting; have been en-
ployed ny Mr Drurv have copied letters for him.
copied these letters for him for fear they should no
lost he carries these letters about his or ssf,v
Direct resumed.- did not mean by telegraphic
desnaf hos t III