The New York herald., 1850-04-28

him. "why did you not tell me what Drury wanted Of
that box,'' why" replied Thompson, adid you make
the box?" 'To be sure did" said tho man At this
time, no continued Drury came In and the man up-
braided him for not telling him what he wanted Of the
box, for, said he II bought the piece Of mahogany
at yard and it could be easily Identified " Drury
said no harm should result from 1t, that he would
See nj. safely tsso1Eh ugh 4 r.. an said the
In no danger until became the common accuser OF
these people Speaking of the press which was exhi-
bted in court he said 81 certainly send that press
to Mr. Drury, but shall explain under what crcum-
stances He said also, that he had purchased guam
tity Of broken bank bills, and Drury had told him
where he could purchase them.
During all this narrative Thompson stood very near
to the jury. and spoke in q low tone of voice He
complained that he was III 1t was with the utmost
diculty that he could be heard to be reported
At the conclusion Of his opening the court took re-
cess till half past three O'Clock.
AFTERNOON sgssIo,
The court mot at quarter to four O'Clock BEFORE
ncing the testimony the part OF the defepce
Thompson asked the Court when tho court would sd,
journ TO, provided this case should not be completed
to-day
The presiding Judge stated that II the case was not
completed to day would necessarily be deferred till
the 9th day Of May
The District Attorney said he was of opinion that
there less difficulty in the way of continuing the
Gaze next week than in adjourning till the Nav term
lie believed that, the court constituted TO try
civil and criminal cases at alternate terms it would be
illegal to take up criminal business at the next term
The Judge said he was fully satisfied upon reading
the law that the could be completed at the next
term but the present term closed by law tonight
offered 10 prove by this witness that the press be
onged TO Drury and that there was no bottle any
thing Of that kind In the barrel referred to by the wit
Deests for the prosecution.
The Court directed the witness that his evidence
must be as to the facts these conversations
be given.
Q.-wbat do you know about this press or about the
finding ofitl At found in the Office at Drurys;
did not see the bottIe the type was found in segar
box, some distance from the press but in the same
building; did not sec any glasses. Q.-What do you
know about the contents of the barrel How they
e.sl. .t.A. .Io,.f fl.ah
ly found different pieces OF iron in different places
William Applegate sworn Affidavit of Catherine
Davenport shown to viii ness l-Q.-What do you know
about that paper! Al went to the Jail, where
Mr. Thompson and Mrs Davenport; Mr. Thompson
refd this paper to her and then took II and read it
myself and then took her before commissioner Of
deeds where she swore to it, she said true and
nothing but truth.
Thompson now offered to prove the conduct of Mr.
Bennett when he made the com plant against him.
The Court said any remarks made by Bennett, show
ing malice. competent testimony.
Witness then stated that when he and his assistant
went to arrest Thompson that Bennett told him he was
desperate man. and intmsted that he would not mind
Cross. examined-saw Mr. Thompson pretty often
while he was In jail he has had Thompson out
yeral occasions; had him out on habeas
for two or three days went once to his house with
him
Question by the Court-By what authority did yen
take him out of Jail, Al don't know. Dwell
SIR do you take prisoners out Of Jail whenever you
please, II you do II Is sort Of administration.
Al think one Of the keepers was with us
Direct resumed-Q.-IIsve you received any
money or emolument of any kind from me. h.-No,
sir never saw you have any money 2.was i not
by permission Of the sheriff that left the jail Al
don't know; the sheriff was there; believe 1t was by
permission Of the sheriff.
ii. b. Duryea, District Attorney, sworn-Q-Mr
Duryos, were you not present when conversation
passed between a Mr.. Wilson about counterfeit
money 1 was present when Mr. Josephs came
over with Mr. Wilson. asking permission ts s.e Mr..
Thompson; refused to give permission "a Mr.. Wilson,
but Judge Morse gave permit, aud they went away
short time afterwards I received a note from Mr.
1htnp linz rne fa an Ia ial hg
would have nothing TO say to Mr. son, unless In pre-
serce Of the District Attorney this was, should think,
Ina March IL have been the latter part Of February
did attend at the jail: went there with Mr. Wilson,
and We had conversation In presence Of Emanuel Jo
sephs; went there with the that
take part in the matter whatever; Mr. Will
profesdto be In search of plates dies that
had been stolen by Meadows supposed that Mr.
wilson acting behalf OF the authorities of Dos
oD at the conclusion Of the conversation the court
would not permit the convcrsation to be given) Mr.
Wilson, after hearing what Thompson had to say told
Mr. Jossphs that all that was true, he had known II
before.
Judge y. II. Morse sworn.-I think am acquainted
with joe ph Ashley; think from his r. neral char
actcr would not believe him under oath; I am
quanted with James Arlington Bennet; from his re-
cent general character would not believe him under
oath
Cross-exsminod-I have known Bennett for twenty
years; l neither believe nor dsbelioye the recent
charges against him; assuming that the charges are
not true should not believe his general reputation 10
he lad.
(Thompson here moved for attachment. against
number Of witnesses, who had been subpenaed by
him.l
William stok,ly sworn Thop pson wished TO prove
~ this witness what the nature Of his acquaint-
snce with Meadows Fields. and also his acquaintance
with Asbley. The questions which Thompson put
not considered relevent and the Court ruled out
the evidence offered
Atram Christ sworn--I suppose I am acquainted
With the general character of Joseph Z. Ashley; !
would not bccvc him under oath unless his evidence
was supported by other evidence do not know James
y. Clark, r,caIlcd-I know Mr. Ashley; I should
ferutiniEe all he said before would bte'e him under
oath.
Mr. Duryea testified that he would not believe Ash.
ley under OATH unless his evidence corroborsted In
all material points.
Judge Piece sworn-T am not acquainted with Ash
ley; 1 have been acquainted with James Arlington
Be net for several years would not believe him under
oath; his general reputation Is bad think; late
mors have confirmed me In my opinion Of his want OF
yeracity
The Prosecuting Attorney had said that he should
not ask the jury to believe what Ashley said unless on
points whore has testimony eooboratsd by other
testimony.
Thompson here rose and said;-I given to un-
dersiand by John McKeon that should be placed In
such position that should not be injured BY those
parties, against whom ] was acting
had not been brought By Mr. Ashley The prosecution
was commenced by the highest authorities and with
the express understanding that no favor would bcek-
tended towards the prisoner.
Thompson said that he had been expressly informed
that the indictments were found ON complaint 81
joseph G. Ashley. His witnesses were not In court,
and he felt very III; he was entirely unit TO go on
The Court deemed II necessary 20 proceed as lar a
Po'oe IN 'he case to-osyi ana Notd ihVmF"h ~ %"
his witnesses.
Sidney Clayton sworn-This witness was called TO
prove that Arlington Bennett showed malice at the time
Of making the complaint against Thompson lie could
not testify TO anything within the rule aud hence was
set aside.
late hour hrd arrived and tho presiding Judge
said u was now time TO decide what course should be
purtued In reference to an adjournment
The District Attorney stated that the prosecution
were prepared TO 20 on and finish the case tonight
Thompson was opposed 10 this course His witnesses,
he said we're important aud he wanted time TO get
thcm here In relation to what he said before about
Mr. Mckeon be explained that Mr.. Mckeon himself
bad not told him he would be protected, but 6eorgs
wilkes had told him that he had seid 30.
Mind a Discussion here arose between the beLeh
and the prosecuting ocers to the legality OF keep
ing the ease open I'LL the ncxt term Of the Court and
completing IL then The Court Of the opinion that
such course might be pursued ~ith safety The
District Attorney entertained different opinion but
said he would bow to the decision ~ the court An
order was Therefore proclaimed by the Court that this
ctuse be continued tnl 10 o'clock A. NJ, on tho
9Th day oMay next when the Jurors ere TO appear foe
the purpose Of hnishing the case
And thus stands the trial Of W II Thompson ct
present.