The New York herald., 1850-05-22
Court or General Sessions.

Before the Recorder and Aldermen Griffin and Oakley
TRIAL OF JAMES ARLINGTON EENSEr, ON CHARGE OF
FORGING A NOTE FOR $500.
SECOND Dar's rsoeEKpINos.
MAY H.-When the Court adjourned yesterday, the
amining Francis Byrne At the opening OF the Court
this morning the crosse examination of Byrne
sumed. He said, Mr.. Bennetfnever made any inquiry
in relation 10 any particular note cannot tell the
precise day when ho spoke to about any nste the
inquiri made within a month prior to the
ceipt Of the letter containing the note purportng
be drawn by Mr. Foster: hsve known Mr. Ashley for
some years. he occupied desk In my Office up to the
time Of his arrest when he came out OF prison told
him II would not do for hin, TO frequent my ofhce;
Thompson came to my Office some tirc last May;
Thompson had certsiniy very bad newspaper char
times; hut upaerstood that hs had reformed; aud
under tho i'm that he engaged In vopd-
Ing soo specinc he and Bennett both proiessed 70 be
Mr.. Clsrk-Mr. Byrne, It would be In good tssie II
not volunteer testimony wlieh s not asked
Mr. Byrpe-I intend to tell the whole truth In ro-
ference TO this matter and DO not want any innuen-
Clarh-I intend you shAa give the whcls truth.
Wtness r"umsaaMy aeq9s1ntauce with Mr. Ben
opinion Of Tbompson is that he Is . shrc-d man. and
capable of carrying out almost any scheme
Bennet (risipgl-Your honor, there are about sixty
as to chars to the tins Of this accu
sstiop Ia .-. wan. ..ss.n ::asommoss., or .astf
business prcjudced thei- attendance he.o. have
no objections TO their going till 70. morrow.
Witness resumcd-1 knew that Thompson hired
house Of Mr. Bennett did not know at that time that
he was engaged IN crime; IL had known II, would
have advised Bennet not to rent Il to him would be
tho receipt Of the Ottawa letter. showed the letter to
him. he seemed to know all abcu, II; he asked me
suspected from whom II came; said did not; he said
Gen. Bennett altered the note for he Thompson)
loaned HIM the acid; he then spoke Of the body
S ms s no observe &
difference In the papci' said did not observe the
differences he then called my attention 20 . small!
piocc OF paper which was fascued to the back of
the note, and fsid The d-d Of o b-h has not
done 1t we'll and that il the why this bit Of pa
cured before; thought that the note had been
torn and the psper was pasted on to preven s being
torn further be aid pc.1 ySs lno. ar " rC.s.r
desired TO 20 down and present this hs motel to
Mr. Poster and what he would say and then e. to
Bennett; this declined, and then resr,tted that
had shown Thompson the letter; have no doubt that
Ter, IN nia knS.n o. ~ naa ~
terciting while he lived his place at New Utrecht
Q-Did you know At that time. that Mr. Bennett had
terfeiters there consisting Of Thompson aad his
eistcs and that AIR. Bennct had complained Of thcm
70 MT Lott justice Of ths peace at New Utrecht ~
ground that the could only be 70 show the de-
elaratons Of the accused In his own defence) The
Court sustained the objection.
Mr. Clark said he hoped the Court would withhold
It's decision this point lie wished 10 show the rela
iion Of this witnsss towards Mr. Benpet The defence
claimed that conspiracy had existed, aiming towards
the destruction Of this defendant, aud the evidence
sought as relevant to that point.
District Attorney-1s II right that counsel should
here set forth the fact OF the existence OF state Of
things which ve utterly deny After an elaborate
argument In which counsel both sides Joined tho
Court confirmed their FIRST decision, and ruled out the
question
on tho 18th Of Nov that Bcnnct hostile to him,
and abusing him all over Long Island; he asked
not to destroy those paper. ne he might want them
witness. q. To whom did you first eommunicste,
after you had received the note that Mr. Bonnet prier
TO the receipt Of the noss had .sssd y9p you rcSa
wltes the 24th OF December In the Mayors Office,
In the once Of the Clerk Of the Common Council;
believe that suspected Bennst; think Thompson
said the signature 70 the note genuine, aud that
was Part of letter; think he said General Bonncts
con had written the body Of The notc Thompson
seemed to Be conisant ~ the vhols affair, snd had
not mp to that time said anything 70 him sbout Ben.
Ashley ~~ In my once at the time. Y what did
Ashley say objected TO BY the prosecution, and
Ashey oscted to objection overrulsd by the court
On the receipt Of the letter Mr. Ashley was In the Of
.ss sss,y Of ss ,.n charged him
With joining with Bennett In an endsevor IN get me
Into dincuity; asked him hov he knew rcster's
name; when 1 made communication In relation TO
this matter, I received . message mt my Once, re-
qusstirg me 20 call at the Mayors once; l vent
u Smr s.id 70 nm me, you hsve not. of Mr. Fo..sr.
In your posseesion I stid had; he then wanted
70 know With whom had hsd conversation sbOu,
that note; declined giving him any nsme at
that time. He said there are persons cndcavoring
TO get you into difficulty. had been told BY rhomp-
before that they cndesvorine TO get Into
dimculty. when refused 90 give any name. looked
upon ss euestionsbie whether I ought not 60 keep
these facts 20 mysef viewing them In the light Of
fcesional eopfdence. consulted alavyer ON tho sub
jsct. and he advised me to disclose, aud did 90.
arst disclsed Bennet'. at the Mayors ccce, ON
the 2lth Of Dee mber. at about O'Clock p VI.
Counsel for the defence here offered 10 prove that
proposition made ~ wikes snd others TO the Wiz
n-ss, to Join In combination Va charge Mr. Dennes
With this offence
Mr. Grshsm-- L~t undcrstspd. Do you propose,
&c part of yous def-nc~, that Mr. wnkes 10 one %
nun Der of Aprstors vho have combined 70 get up
thl. nr ut,on sasinst def~ uiant