The New York herald., 1850-09-17


Samuel Drury TO accompany him, the said William
H. Thompson, TO the said house number twenty
three Fulton street aforesaid, and TO the said room
wherein was the said William III. Darlington, and
when the said Samuel Drury and William III.
Thompson reached the said house and the said last
mentioned room, the said William IL. Darlington
falsely pretended that the said room was his place
of residence and the said William H. Thompson
and William H. Darlington did then and there, by
falsely representing TO the said Samuel Drury that
they, the said William III. Thompson and William
ii. Darling ION, intended sending 10 the said Thomas
Warner box of combustibie material called a
torpedo elicit, pretend TO elicit, from the said
Samuel Drury, declaration, or pretended dee ara
ton, that he, the said Samuel Drury, made or
caused to be made and delivered, the said torpedo,
go as aforesaid delivered Al the house OF the said
Thomas Warner, or some declaration; and the
said William II. Thompson then and there, for the
purposes aforesaid, made another appointment TO
meet the said Samuel Drury al Brooklyn aforesaid,
on the following day, the fourteeRtb day of Novem-
ber ls49 at nine of the clock in the forenoon, all or
sSme Ct which and dong. o. the sa,d
Drury, severaly and respectively, Were cOmmunca-
ted TO the plaintiff by the said VIM Thompson and
William II. Darlington, or one of them, and the
teenth day of November, lS49 applied to, and OBJ
taiasd from, one jeremiah LohTop, then being and
acting as police justice IN the city of New York,
warrant warrants for the arrest of the said
Samuel Drury and Samuel Drury the younger,
sna on the following sixteenth day of November,
lS49, the plaintiff, company with certain police
officers, named Alexander N. c. Smith, William
o. Jenkins, and Dominic Crassous, went TO Brook
lyu aforesaid, with the said warrant or warrants,
for the purpose OF arresng the said Samuel Drury,
on said warrant or warrants, he should keep his
said appointment with the said VIM. H. Thompson;
and the said Samuel Drury did keep his said appoint
ment with the said Wm H. Thompson, and at or
about the ne appointed; and soon after, and on the
| same day, the plaintiff and the said Alexander M.
| c. Smith, William o. Jenkins, and Dominic Cras-
| sous, arrested the said Samuel Drury, on the said
warrant or warrants. And on the same sixteenth
day Of November, 1873, the plaintiff accompanied
| ty the said Alexander M. G. Smith, William q.
Jenkins and Dominic Crassous, went TO Astoria, in
| the county of Queens, in the State of New York,
and then and there arrested, on the said warrant or
| warrants, the said Samuel Drury the younger;
| and afterwards, and on the twentieth day of No
vember, le49 the Grand Jury for the city and coun
! ty of New York, duly empanneled and sworn,
came into the Court of General Sessions OF the
| city and county of New York, and then and there,
in due form of law, presented true bill OF ndict-
ment against the said Samuel Drury and Samuel
Dury the younger, for the said offence or offences
OF making, sending and delivering the said torpedo,
in manner and with the intent aforesaid and the
said Indictment was afterwards removed into the
Court Of Oyer and Tsnniner of the city and county
Of New York, and on the twenty-ninth day OF
January, 1850, the trial of the said Samuel Drury,
on the said indictment, was commenced before the
Honorable John Worth Edmonds, a justice of the
Supreme Count of the State of New York, and
Jonas F. Ccneklin and George III. Franklin, two Of
the Aldermen of the city of New York, at a Court
Of Oyer and Termner, held at the City Hall of the
city of New York, and the said trial was continued,
by adjournment from day to day, from the said
day of February, 1850, when the jury empanneed
TO Try the said Samuel Drury, declared themselves
| unable TO agree upon verdict, and were, by the
order OF the Court before which the said trial was
had, discharged, without rendering any verdict.
And the defendant further answering, subject TO
such denial and reservation as aforesaid, and on
information and belief, says, that the conspirng
and agreeing, and the conspiracy, and the several
acts sayings and doings relating thereto, herein
before set forth, and in manner hereinbefore
set forth and alleged, 10 and are the conspiring
and the conspiracy referred 10, and meant and
intended by the said alleged libel And the de-
fendant answering, subject 10 such denial and
reservation as aforesaid, and on information and
Of NAV, iS4s, the - said William H. Thompson son
made or caused to be made certain box, and
placed therein certain combusube materials, and
10 arranged and contryed the said box and the said
materials, that the opening of the said box would
cause the eaid materials TO explode, and endanger
the life fthe persons opening or present al the OPEN
ing of said box, and who were unacquanted with
the construction of said box, which said box was
hen and since known as and called torpedo and
he said Wa. ii. Thompson, on the said third day of
May, ls49, engaged and employed the said Samuel
Drury the younger TO deliver the said torpedo al
the said house Of the said Thomas Warner; and
the said Samuel Drury the younger, not knowing
the contents or nature thereof, did, on the said
third day OF MAY, lSi9 deliver the said TORPEDO at
the said house Of the said Thomas Warner; and
afterwards and on the fourth day Of May, 1919,
the said torpedo exploded in the said house OF the
,aid Thomas Werner; and then, thereby, pat in
danger the life of the said Thomas Warner, and
the life OF Eleanor, the wife OF the said Thomas
Warner, and that OF George w. Warner, son Of
the said Thomas Warner; and the defendant says,
that the contriving, making, sending, and de-
hverng Of the said torpedo, was, at the time when
the same was so made, sent, and delivered re.pec-
lively, and has ever since remained an act which
rendered The party or parties making, sending and
delivering, or sending delivering, the same, liable
TO be arrested and tried therefor for a criminal
offence; or the making, sending, delivery of the
saio torpedo, was, during all the time last aforesaid,
criminal offence punishable by law; and de-
ftndant still answering, subject to such denial and
reservation as aforesaid, and on information and
belief says that after the said torpedo had ex-
| ploded as aforesaid, and before the publication of
the ssid alleged libel, all and singular the premises
being known TO the plaintiff, and the said VIM. II.
Thompson and w. III. Darlington, vet the said
VIM. III. Thompson did with the plaintiff conspire
TO accuse and convict, or cause and procure TO be
| accused and convicted, or falsely TO accuse and
convict or cause and procure 10 be falsely accused
and convicted, the said Samuel Druy, with having
eonttlytd, made, and sent the said torpedo TO the
said Thomas Warner, with the intent TO kill or in
| jure the said Thomas Warner and his family, or
some or one OF them; and the said Samuel Drury
the younger, with having delivered the said tor
Pedo al the house Of the said Thomas Warner,
with the intent and for the purpose aforesaid; and
that the said Samuel Drury the younger, at the
time he delivered The same, knew the nature, con-
tents, aud intent Ct the making, sending, and de-
livery Of the said torpedo; and the said William
III Thompson with the plaintiff so conspiring, and
agreeing TO accuse and convict, or cause TO be ae-
cused and convicted, or falsely 10 accuse and son-
,ct, or cause TO BE- falsely accused and convicted
the said Samuel Drury, and Samuel Drury the
younger Of the said offence or offences did before
the publication Of the said alleged libel, knowingly
as aforesaid, with The plaintiff conspire and
sgfee, that the said VIM III. Thompson and the
plenth should, by the several means and in
manner, and under the circumstances and eondi-
tons, and with the knowledge hereinbefore set
M ms ke he Al
false representations and pretences bereinbefore set
forth, IN order TO obtain from the said Samuel Drury
the younger, declaration, or pretended declara-
ton, OF having delivered the said torpedo, in manner
Aforesaid, and 10 order 20 accuse and vict him. or
cause and procure him 10 be accused and convicted
thereof or falsely to accuse and convict him. or