The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-26

COURT OF OYER AND rERNINRR
Before Chief Justice Edmonds and Aldermen Smith

| and Chapman. :"
TRIAL OF SAMUEL DRURY FOR AN ATTEMPT TO
MURDER THOMAS WARNER, BY MKANs OF AN IN
FERsAL ACKNOWLEDGEMENTS OF MARGARET
| o'oosNoR-ExrRAoRDINARr scKNK ON LEAVING
THE COURT.
| ssrrEmsrn 25-Forh Dey-Mr D. Graham applied
to have the testimony of Mrs. Van Brunt taken mms-
diatey a. the ladies anxious to leave the court
In consequence Of the recent death of Mr.. Van Brun
Margaret Van Brunt was then examined BY the
District AttorneyI lived at q Fulton street Brook.
duttins,; know One. Eyed rhon pson and n. Drary
| BY sight; know that a room was occupied IN that
house BY Thompson In November last; Drury was
Mr.; olsrk-we don't deny that he was there.
Witness continusd-There was another person With
them don't knew who he was, or how long they
Gross. eIami.ed BY Mr. cIark--ons- Eyed Thompson
hired the room, and paid IS fer IT. don't remember
Thompson coming there to ask child something
| about giving testimony
On the application Of Mr.. Clark two witnesses for
the defence examined before the cross eI smina
ton of Mr. Smith. in consequence Of their being
Wsis.en Phelsn depos.d that Ss keeps a public
| house In Canandaigua he knows One Eyed Thomp
som he came to witness's house in March last; aud
entered his name the book rs w. ii Thompson, Of
Bridgeport did not know until after that that hs
citizen of New York; Thompson said he there on
business for DR. Monat witness then deposed that In
conversation with Thompson, he said that he had made
the box which sent to Mr.. Warner; that he
Of on his promising to tell who sent t. and he had not
told them; before he left he asked me to telegraph
Mr. Warner.
O. Did be tell you how many times he had been
indicted? A. He said there were eleven indictments
agsnst him.
Gross examined by MT d. Graham.-rhe statement
Of Thomp.on was voluntary; he said Warner the
lawyer Of Monat and that he Thompsonl was there at
Canandaigua fer the purpose Of detecting counter
feiters of Doctor Mofsts labels.
william 8. Coleman, keeper Of the Troy House,
In Troy, examined.-I know Thomas Warner; he
came to ,s,d the Troy House on the 18th day Of
had two rooms, but they communicated; he did
not enter his name, and gave 1t . reason that
in consequence Of the box being sent to h. he did
not know who might be following him; entered the
name on private memorandum, as Mr.. Warren and
lady Mrs. Warner in court last trial. she is
not the lady that with him; then supposed the
lady that with him Warmers wife; he had
been at the Troy House before with that lady; they
there the previous 27th OF February, and on
the Sd March on those two occasions they pied
the same room; he signed his name those occasions
as Thomas Warner lady and child; there time for
Warner to have gone to Rochester andreturn
the 9th Of February and Sd March.
Enos Weton, Of Canandaigua, deposed that he
barkeeper at the Franklin then kept BY Mr. Phslan;
0ne-Eyed Thompson arrived at the house the 18th
May he enter ed his name himself Book produced,
in which the name appears, W II. Thompson, Bridge
port He said he was there for the purpose OF de.
tsetins two men who were engaged in unterfsting
o.-Did he have any generation with you relative
to his own exploits
Ayes; evening" about O'Clock, he CON-
menced giving the history OF his lfs he told the
fraud on an Insurance company OF this 81 y and his
being employed TO ferret Il OUT he said there were
there had been fifteen, and he got them down to ee
ven-Qaughter)-hs said he was ths inventor and
maker Of the torpedo box that sent to Mr. Warmers
house. Mr. Phelan asked him IL Warner knew that the
box was coming to his house, but forget his answer
be said he had been arrested for It,
Odd he not say that he was let of the under
standing that he was to FIX the crime on some other
person
A-There was something about that bat forget his
words; In the morning We had another conversation
with him he said he had made the box for yer
foreigner cannot say which; read the account
Of the torpedo box, aud said TO Thompson, Why Mr.
Thompson, IL looks 20 me frem reading this account,
that Warner mutt have been that the boz
coming don't recollect his answer; Thom pson drst
ssked Mr. Phsisn 60 telegraph 70 Warner, aud after
ward. told him he need not do 50, as hs might meet
Gross examined by Mr.. Graham when you said
II locked TO you, from reading the account A. II War
must have known the box coming. did you
not see from the same account that Warner escaped
narrowly with his life
immsteriAl.
The Court then inquired II the counsel on either side
intended 10 examine One Eyed Thompsoni
Mr. Clark tsid they did not.
The District Attorney also answered In the negative
The Court then said direct that he be subj" aasd
and put upon the stand.
MI Graham and the District Attorney said they
bound TO obey the orders Of the Court and they
Inclined TO submit to them all matters
nsctsd with the trial.
Mr. Clark asked the Court II they intended to put
witness the stand against the accused
The Court Our object Is TO arrive az the truth and
thinking Thompson was In custody, We directed the
ofhcer TO bring him up, but a. we nnd he is cut on
Mr.. Clark Yes, we understand he Is bailed in
$500.
The crossexaminAtion Of A NJ @. smith was then
commenced he said he interfered In this an
ofhccr a. was wilkes who told him that Margaret
OConpor vas In Boston knew Thonpson for
several years have. paid for my expso.ss TO
Boston, and expect the county will re-psy me I
have been st Thorn pson's house In Brooklyn 4 vas
( there evening when Ashley came In swear did
mot 20 10 Thompson's house 20 tell him there va.
mt i'm nd hat he kapu gti
for q few days, for did not know there sut
against him after Drury was arrested, IN brooklyn,
be pointed out Ihom pson aud said why don you
o-Did he net say to you, thsre is the nan that
Al don't recollect.
Oil ID you net say that he said so In pres.uee Of
Mr. Stewart. Clerk Of IN. Pocei Al don't reco
lset; when vent to Drury's house. the drst
eafion, had search warrant on the second. had
warrant signed by His Honor, Judge Edmonds
Wm. l.. Wiley. Captain Of Police, exsninod a
Have you ever had oonvsrsation with Mr. Drpry
relative TO this business
Al heard him utter something relative 20 Il 81
the time he arrested on peace warrsot. DruTy
ard Thompson In custody; heard Drury say
he surprised to bear he vas charged With sttempt
ing 20 bios up Mr. Warner; he ridculed th- "a n; he
ssid Warner ought % be bloEn mp that he bad rob
bed him out Of 30 900 and he would have saiacton
yet; be raid Warner vss bad man; h- called him
viaiu, OF sonsthisg Of that Kind Drury vas labor
irg under excitement.
testing his Innocence and he ridiculed the idea Of
his being charged with such an offence
Judge-Was tb~-s anything that occurred on that
occasion 90 induce the idea In your mind that Drury
vas guilty
A--No I think not
Q.-whst inference did you draw nom that CONVEX.
fation,
A-That Mr. Drury would life 90 lniure Mr. War
der; got the idea that Drury had seut the box
Q-Fropi what remark on that occasion did you
draw that Inference
A-Tbere vas % remark made By Drury on that
occasion from which I dreE the impression OF his
guilt
Wm. Modat sworn, and examined ~ the District At
torney-I am engaged In the manutscture Of pills;
employed Warner ~ ny counsel In 1872. recellect
the explosion In Msy 4p, I required hin 60 60 %
Pbuadephia the third o. Nay; " was a sudden call
made upon him ~ me between tSo aud three
O'Clock In the day; know he vent and returned the
next day; employed Warner In relation 60 the detec
ton 81 counterfeit labels; know one Eyed rhomp-
SON. Mr. Warner employed him for me By my con
sent be TO travel Ia Cansda and Ia parts Of this
/ State. for the detec lion Of counterfeit labels.
| Gross. smined BY Mr.. CLARK It vas suggested
the B.ce,sity Of Mr. warner's going TO PhHsdelpba.
/ had an attachment against Mr. Kerr. and wanted