The New York herald., 1850-09-19
The Warner Torpedo Mystery,
COURT or OYER AND TERMlNER
Before Chief Justice Edmonds and two Alder

Before Chief Justice Edmonds and two Aldermen
sEPr. 1s-7he Trial Of Samuel Druyv and Son again
Poaponed-FhgM Of the Proseeuior-rhe District Attor-
ney (Mr. hckeoD) moved to postpone this trial upon
these grounds-the case having excited great deal OF
interest, he felt 1t to request the attendance
| Of the Attorney General when he had an interview
with him some time since. He alss wrote to him on
the subject, and the the Court is that
he cannot attend now but would be able to do SO at
the October term. 1t is an important trial end the
Court would see that It was of Importance that the
highest legal officer in the State should attend person
ally to the prosecution.
! Mr.. David Graham said that he had been only en-
gagged in this substitute for the late ATTORNEY
General He (Mr. G) had seen the present Attorney
ueneraii and also expressed to him wish that he
would attend to this case personally; and as there
were peculiar features IN it, he deemed 1t necessary
that the Attorney General should be present He
therefore united with Mr.. McKeon in asking for
| postponemsnt Of the cause
The Court said that, inasmuch as the ATTORNEY
General had appointed a substitute, they could not
grant the application.
The District Attorney said that point being decided
L move for a postponement the ground of the ab.
sence of Mr.. Thomas Warner Every effort has been
made to seours his attendance without effect and do
not think the court will deem 1t prudent to 20 to trial
without the presence OF Mr. Warner who is the prose-
cutor in this case.
Mr.. II p. Clark, on behalf of Mr.. Brury remarked
that these applications seemed most extraordinary to
them, though they quite prepared such efforts
on the part Of the prosecution to postpone the case
but the application on the ground OF Mr. Warmers
abeenee was indeed extraordinary for Mr. Warner had
been seen in the District Attorneys Office since the
commencement Of this term
Another counsel for the accused said that Warner
bad been seen in the District Attorneys office within
4 the last forty. eight hours.
The District Attorney denied this assertion most
emphstcsly as far as his knowledge OF the went
The affidavit Of an officer then made stating
| that he had served a subpoena on Thomas Warner TO
attend as witness at this trial; that Warner had
been since the peroof such service In the of of
the District Attorney, and acknowledge having re.
eeived ~ the deponrnt went to ssy that he had
Thursday last, and uni able h a. bat vas in.
termed that he not there and that his 10 Informant
did not know where he was or when he would return
Mr Clark said that they anticipated this result and
he hoped that IL would be reeoeeted that they bsd
warned both the District Attorney, the Attorney &C.
neral aud the committing magistrate of the necessity
Of binding Mr.. Warner in recognizsuce appear and
prosecute this case. lie knew that this would come
and he would nov read 10 the court copy of notice
which had been served the prosecuting officers 40
| far back as 9th December, 1S4p--
7he People Samuel Drtry aud sa@uei Dytsry n
SlRs-The examinations already taken before ustioo
Lohrop in the matter Of the charge preferred against
Samuel brury and Samuel Drury Jr, for an attempt
| to murder Thomas Warner, conclusively show that
| raid Thomas Warner and peraou named One eyed
Thompson are both material witnesses for the prose-
cution as they must have knowledge of important
facts connected with the charge
The purpose of this notice is call this fact to your
attention in this formal manner, aud TO request you
produce said persons before the maisrate the end
that they may be examined in regard to the offence
charged and In regard TO other matters connected
with such charge which the magistrate may deem
pertinent
The purpose Of this notice also to request the gen
uemsn who ofoistes as the Attorney General In the
prosecution, and yourself the prosecuting ofiser
for the county Of New York to unite with ms in an
application To the magistrate to bird by rscoguzanos
the said arper ard Thompson appear and testify
at the next court having cognizsneo of the offence
With hoh the said prisoners are charged sndin which
The service 81 this notice will be made Of
\ casitn may require
| Dated New York Dec q, 1912
| an, with much respect.
| your very obedv servant
| HORACE y. CLARKE,
Of counsel for ssm1 Drury and
r. g. sam Drury Jr, Prisoners, 80
Jon, Mckrcs, Esq District Attorney New York.
Mr.. Clarke eontinusd-why after this notice, did
recognissnccsg Poor Witnesses are every day throw
into prison, from Inability TO give security for their
! attendance. Why this extreme and extraordinary
courtesy 10 Mr. warner unless It DO that the prose
cutting officers were couding for his protection Did
them Of IL. and referred them to the statute Where
there private ends tn suit private prosecutors
Witne,ss we've always bound in rccogulIaaces but 10
this Gaze, no such Efforts made 20 their
The Judge here interrupted Mr. cisrke. BIZ sayiug
that the sfdayit offered by the District Attorney
not SUFFICIENT to induce the Court TO pat OF the trial
Mr. David Grshsm admitted that the statute pro-
/
terms without that the Court can scNarge the
cussd. This tried In the Janusry term, when
ponsd in ccn.equsnce Of the absence of Mr tlarsc,
and the serious Illness OF another OF Mr.. Drurys
| counsel
Ths Judge-why dom you apply for an attachment
Mr.. D. Grshar, replied that he rose for that pur.
loo long he tbrrsfore now nsssd for an s.t.esmSnt
against Thomas farmer, and hoped the Court would
postpone the trial tos later day in this terms.
! Mr.. Clark then said the Absence OF Nary Regain
mentioned yesterday, BY the prosecuting ofcer, but
nothing ives said OF the absence of warner, though
II must have been well known to the prosecution that
his house Is shut up and his property removed
The District Attorney said he vas not Of any
The Judse---on the present application, It is but
just that attachment b granted Mr Warner
and when he is brought before US We viii bind him
Mr. Clark. said they were 90 anxious for the invest
cation OF the whole matter. that they would not op
pose any honest effort 10 secure tho attendance Of
warner and they would therefore oGor no opposition
10 the ease going over FOR n few days
The District Attorney would say with respect sf the
ohtervaton Of the counsel Tor the sceused, that MI
Warner attended ard examined st the last trial
though not under rrooguizapces.
Mr. Clark suid that II was q neglect Of duty not
binding Mr.. Warner over to prosecute There ought
TO be Law enough In New York 20 punish such conduct
even the part Of prosecuting onicsrs II the PAR
tics had been poor they would have been dealt si,h
The District Attoru.y-The rich trlsone-s give M
more trouble than the poor once
One Of the counsei fci Drsry here said We ask that
one.Eysd Thompson Johnson George wilkes, A. A.
q smith and all TIE other conspirators In this
be bound IN Esizsnces lest aer the arrest of
Warner should be met with another application fCr
psttponsment on the ground Of their absence.
The Judge directed AL the witnesses for the prose
cUton 70 be called and bound In rcccguizluces IT, sp
pear.
Ths District Attorney preceded to cell them whom
Mr. justice shea. George Warner icon Of homas War-
nerl, eud Mary Rsgan, ths only persons who
svered TO their Tho District Attorney said that
be fuppostd the Court would not deem IL necessary 70
bind sueh persons Judge Mitchell aud other respsc
table vitbesscs The attendance OF Crassous aud Jcn
kins could BE- obtained By sending at any time TO the
station house
One of the counsel for Drury said-Do understsnd
that the District Attorney does not call intend 10
call, One-Eyed Thompson. and that there will be no
effort 70 postpone the trial again the ground Of hs
absence
The District Attorney said-Mr Graham and myself
ere the prosecuting council and by the testimony 1t