The New York herald., 1850-09-17


time before the publication OF the said alleged libel,
imposed on himself, or pretended impose on HIM
self the task or had assumed, or pretended Ia as
sume, the right of aiding the CRIMINAL law author-
ties of the city and county Of New Yerk, and other
places, IN the detection and apprehension OF per-
sons suspected OF having committed offences sub
jscting them, on conviction, TO punishment by law,
and in like manner had imposed, or pretended 60
impose, on himself the task, or had assumed, or
pretended to assume the right to publish, frem time
10 time, and had prior 10 the publication of the said
alleged LIBEL published, from time TO time, in The
said newspaper called the "Nattosal Poiics Ga
setts," statements Of the characters and acts OF
persons known, or suspected, to have been, or to
be, guilty OF criminal offences, and amongst Others
the aforementioned Samuel Drury, and Samuel
Drury the younger; and the plaintiff in order, aud
with view the better 10 execute the said task or
right had, during such time, employed, or engaged,
divers PERSONS to the defendant unknown, TO aid him
therein; and that on the third day Of May,
lS49 some person delivered al the house of one
Thomas Warner, in the city of New York, GER
tain box containing combustble materials and then,
and since and hereinafter, called torpedo; and
the said torpedo, the 4th day Of May, loA9, ex-
ploded in the said house Of the said Thomas War
ner, and then thereby put in danger the lives OF the
said Thomas Warner, and Eleanor his wife, and
George w. Warner; and afterwards and before the
publication of be said alleged LIBEL the plaintiff
and others, to the defendant unknown, suspected,
pretended to suspect, the said Samuel Drury the
younger, of having delivered the said torpedo at
the house of the said Thomas Warner, and the
said Samuel Drury Of having contrived and made,
or caused to have been made and sent, and caused
TO be delivered the said torped@ and that the said
torpedo was contrived, made and sent by the said
Samuel Drury, and delivered by the said Samuel
Drury the younger, for the purpose and with the
intent, and with malice aforethought, TO kill and
take away the life of the said Thomas Warner
and his family, or some or one of them; and the
defendant says that the contrving, making and
sending, and delivering, of the said torpedo, with
the intent and purpose, and Ia manner aforesaid, at
the time when the same was made, sent and deli
| vered, as aforesaid, was, and has ever since re-
manned criminal offence, punishable by law; and
the said Samuel Drury, and Samuel Drury the
younger, or either of them, on conviction Of the
said offences, or either of them, would have been
liable to be imprisoned, as provided by law; and
after the delivery and explosion of the said torpedo,
and after the plaintiff suspected, pretended to
suspect the said Samuel Drury, and Samuel Drury
the younger, of having contrived, made, sent and
delivered the said torpedo, in manner aforesaid, he,
the plaintiff, IN pursuance aud execution OF his SAID
task or right or pretended task or right, formed
plan, the details whereof, aforementioned,
are TO the defendant unknown; but, having for its
object, or pretended object, the detecting the
petrator perpetrators of the said offences, and
the bringing home the commission of the said
offences TO the said Samuel Drury, and Samael
| Drury the younger and the obtaining evidence by
| or upon which the said Samuel Drury, and Samuel
/ Drury the younger might be arrested, tried, and
convicted for the perpetraton OF the said offence or
! offences; and after the plaintiff had formes such
plan, and before the publication of the said alleged
libel, he, the plaintiff, developed part of his said
/ plan, but what part the defendant does not know,
and cannot set forth as TO his belief or otherwise
! 10 one William II. Thompson and then thereupon
/ engaged the said William H. Thompson TO aid and
assist him, the plaintiff, in the execution of the
said plan, which the said William H. Thompson
agreed 20 do, and the plaintiff and the said William
H. Thompson then and there arranged together
that the said William H. Thompson should
have an interview with the said Samuel Drury,
and in such interview the said William II.
thompson was TO falsely represent and pretend
that lac had in his possession, under his CONTROL
or knew the place of deposit of certain property
which he desired should be seen aud inspected by
the said Samuel Drury, make some other false
representations TO the said Samuel Drury 10 induce
the said Samuel Drury, or the said Samuel Drury
the younger, 10 meet the said w. ii. Thompson,
at the said Third avenue, in the city Of New York,
for the purposes after mentioned and that then,
thereupon, and after the said arrangement, between
the plaintiff and the said VIM. IL. Thompson,
and on the fifteenth day of September, lS49, and
IN pursuance OF the said arrangement between the
plaintiff and the said VIM. H. Thompson, the
said VIM. ii. Thompson had an interview with
the said Samuel Drury, and then and there, in
pursuance of the said arrangement, falsely repre-
/ senied and pretended to the said Samuel Drury,
/ that he, the said w. ii. Thompson, had in his
possession, or under his cnntrol, knew the place
OF deposit OF property which he desired should be
seen and inspected by the said Samuel Drury, and
further and falsely, and pursuant to said arrange
I ment, represented TO the SAID. Samuel Urury that
the said property was deposited or concealed in the
! Fifth avenue in the city Of New York. in stone
fence there; and then and there appointed with
/ the said Samuel Drury, 10 meet the said Samuel
/ Drury the younger, on the seventeenth day OF
September 1890, AT certain hour and place in the
city Of New York, namely in the Third avenue Of
the said city, for the purpose OF his, the said VIM
h. Thompson, then and there delivering TO him,
the said Samuel Druy the younger, the said pro-
perty, so as aforesaid faesy represented and pre-
tended by the said VIM III. Thompson, 10 be
deposited or concealed in the said Fifth avenue, in
manner and a. aforesaid; and that after the said
interview, had on the said fifteenth day OF Septem-
Der, lS@9, between the said VIM. III. Thompson,
and the SAID Samuel Drury, and the making the
said appointment and some time pnor to the keep
ing Of the said appointment by the said Wm. III.
Thompson, as af,er mentioned, he, the said VIM.
IL. Thompson, communicated TO the plaintiff the
fact OF the making such appointment, and the ma
! then, thereupon il was before the time OF keeping
the said appointment as after mentioned, agreed by
/ and between the plaintiff and the said VIM. Ii.
Thompson, that when the time for the keeping Of
said appointment arrived, the plaintiff would cause
and procure man or men 10 be stationed al or
near the spot where the said VIM. IL. Thompson,
had so, as aforesaid, falsely represented that the
said property was deposited or concealed, and that
I the presence OF the man or men stationed,
I should serve as an excuse 10 be by the said w.
I II. Thompson, falsely alleged to the said Samuel
+ Iruy The younger, for not delivering TO him the
said pretended property, and the plaintiff and the
ssid VIM. IL. Thompson then and there further
agreed that prior 10 the keeping Of the said
appointment, the plaintiffs and the said VIM
n. lhOmrson, or one OF them, should make
ausng, for. and provide for the time, or
about the time Of the keepcg the said ap-
poninent To have ready supper in a private
room, M house known az the "ENe Mile House."
situate on the Harlem road, in the county Of New
1oTk; and that when and II the said Samuel Drury
the Younger kcTt the said appointment with the
.aid VIM. N. Tomrson, he, the said VIM.
II. Thompson should induce and persuade the
said Samuel DTury the younger to accom-
pany HIM, the said VIM. II. Thompson, 10 the
sAid house, known as the Five Mile House, and
when arrived there, the said VIM. II. Thompson
was to inquire for refreshments or oysters: and the
~ having for the time being the charge Of the
sad beuse, was To be previously instructed by the
plaintiff or the ssid VIM. II. Thompson, 20 answer
that he had no oysters, but that h. had supper
prepared, and LAID in private room, and invite the
szid VIM. H. Thompson and Samuel DruTy the
youngerio pariake thereof, and that the said VIM.
III. Thompson sholld induce and persuade the said