The New York herald., 1850-05-22


rate Mr.. wilkes or II may be otherwise do not in
tend to- charge Mr.. Wilkes with being conssirstor
Mr Graham wanted to know what issue was 10 bs
tried. II IL was as to whether Mr. wakes was q CON
spirator here the prosecution would not only allow
proof, but would challenge II from the other side
Mr. Clark am perfectly willing to state what
theory is 1t Is that the note man nufactured
nets house and having thus obtained IT, oblterated
the original writing over the signature and inserted
the body Of the note; and that all this part OF
plan to injure Bennet As TO who are dupes or who
conspirators am not at present prepared to say
Let that appear from the testimony.
Q--Werc you at Mr.. Wilkes's house In relation to
this affair Al yea on the evening OF the 27th of
December. Q.-iinve you ever stated to any person
that MIR. Wilkes at his house, made to you sproposi
tion connected with tth prosecution which proposi
tion you rejected lobooed to- ruled out by the
Courtl Q-what did you ssyLto MIR. Wilkes relative
TO the reception Of the note Al refused to hold
any conversation with Mr. Bcnnet TO be used as evi.
dence against him. This answer ruled outl Mr.
Bennett snid that he had boon requested to ask me
about the collection OF notes by Mr. Fields aud Others
who infamous persons; he said this on the 5th
day of January; at that time he did not know that
had received the note; Mt the time he told that ho
had bee ucitcd by Fields and Others about
he collections he told me that Thompson and others
bad consprod to take his life. Q.Did you tell Wilkes
that Bonnet had told you this? A! did not because
my conference with Mr.. wilkes the 21th of De-
cember and this not said to me- by Bennett the
5th of January did not state it to the Grand ury;
! did not know who Fields at that time; 1 only
learned who he was when his name mentioned in
Brooklyn, on the occasion ofThompsons trial. think
note received for he requested 20 destroy the
papers. Q.-Do you know who il was that requested
mir. Bennet 20 ask You to collect the note!
Mr. Bennet here arose and proposed to ask certain
questions Ct tie witness.
Mr. Clark said that he had declined to put the qucs-
tioDs thinking them improper.
BeDnet-The questions go to the point OF proving
the witpesss prejudice against him.
Mr. Clark do rot think so.
The Court decided that as the defendant had coun-
sci he had better be governed by his advice.
Tster NeefuF. sworD.--I am morchant-
Mr. Clsrk-Whst do you intend to prove by this Wit
Mr. Grsbam-what we propose TO prove is tina. at
about the same time Of tho holding Of the forged note
In question that the defendant held another and
similarly forged note that is, note made by extract
ing the writing genuine signature and substi-
tuting tho tning up OF a note.
Mr. Clsrk-Is that proper
Court-We do not think il proper.
Mr. cl.rk.-certeinly not, aud the offer was perfect
Mr. Graham--Wil the Court make the counsel on
the other side behave himself The question OF the
argued by counsel and the Court finally decided that
the testimony was inadu,issibc.
John TORY .sworn--I am professor Of ohemi,tryi
have been since 1874 there are preparations which
will remove ink; but IL depends upon what kind Of Ink
1t Is; all klnts Of ink cannot be removed by it, re-
ceivcd bottle of fuid at my laboratory; made an
examination Of the fluid from analysis; found IL
to be 4 solution OF caustic potash, in which
iron derived should think from the vessel in which
II was made. This fluid would remove some kinds Of
writing ink; mote thowni should think that this
signature could not be removed by this fud the blue
could Be removed by slow process by means Of this
fluid
Mr. CLARK here intirnated that this was the wrong
bottle which tho District Attorney had produced. lie
also inimstod that 1t had been trumped up for the
occasion.n
Mr.. McKcon, (rising)-I now appeal to the Court.
This Office must be protected The gentleman speaks
Of testimony being trumped up for the occasion
cannot submit to such language and demand that IL
81 ali be robuked claim this as right l. sir have
been elected here, by the people, as have, sirI
by tho democrats; you, by the wings. The people,
just that We should he protected. Personally, can
defend my self either here or elsewherc but claim
su.o ha, 81 M os nm sSt,nony
Reeorder-It needs no demand Tho remark was
imprcper hut the Court did not hear it, being engaged
In tusirs ncteH of the testimony:
Mr. Grshsm-I shah iesvs the case the first time
this thing is repestsd.
Mr. Cisrk-And get out OF the case, Well, I'll
take good you do not have occasion intend to
fhow you where this fluid comes from.
% Nm ssnne % .,s .ns a.a s1n oa s
since last November.
Mr Clark want to know what Is proposed to
Le proven by this witness Coe, that will give the
District Attorney q chance to wake speech.
The couur, for the prosecution refused to state what
they Intended to prove but said the TOR the de-
the ruling Of the Court.
To the witnes-Under What eircuns.sascs did you
become acquainted with the defendant,
wtness-He called to make application for 4 loan
upon his farm on Long Island L am not certain
whether no introduced himself or whether my father
proceeding. when Mr.. Clark arose and with great ve
hsmenee said" IL is dishonest attempt to get In
improper testimony
court Mr. Ciark, that Is improper language. The
counsel for the prosecution here trying this case In
coed faith, and to charge dishonesty h highly im-
proper.
CiArk-well then, will excrsc myself to the Court
for making Of the expression, There arc two In
dictmcnts and do not care to try but the one now
before tho Court.
Bennett Cholding up = psper)--ws viii try both In
dictments now, " they like.
Order was finally obtained and ths
Witness continued-Bennet cshed In reference to
procuring loan Of think 5000 on bond and mort
gage on his farm on Long Island; he raid that Mr.
Poster held mortgage his farm that he wanted to
apply the money 10 paying OF this mortgage and to
laying out part Of the farm a. cemetery, and to
fencing In the cemetery. Q-Nhst occurred when
you vent TO Mr. Bennets house at New Utrechtg (ob-
jected to BY the defence who asked what the prosecu
tion IN, . ended to prove , n,
thon's going to Mr. Bennets house Mr. Bonnet intro
duccd One yed Thompson 10 him Ssr Anthon as his
also propose % show that Thompson and Benne we're
Intimate and their connections were OF the mott cr-
ninsl and guilty kird The Court admitted the tesl-
mopy so far as II went 10 provo intimacy between
Thompson snd Benpet
witness--Mr Bennst showed me through the house,
and commented the beauties Of the place; we then
writing at . table; Mr. Bennett prcsented him TO me
and said This IL my son, Lord Arlington tho per-
seemed TO be angry with, a. supposed, the buff
foonery of this introduction and he replied, Ny Ia
thsr pleased be very Nsc.tous this person have
fince seen, ne 10 W m W. InoWFrh. INV" ~ o""-
Eyed Thompson Bennet said, tat when he vss about
starting the Mormon expedition, he transferred his
property 60 his daughter and son. 10 was through hs
that the title TO the property was TO come. Mr.
Bsnnets IL not Of age lie IL minor, apparently
hardly nineteen years of age.
A check vas here spoken Of, and some questions
propounded TO the witness, when Bennet holding
mp oh.ck. said -; Here 10 is IL 10 all got up for
effect IL 10 all humbus Anth'n has slloo in his
hands nov belonging TO me"
Witness resuncdI hsd conversation with nj m on the
9TH Of January had then seen published account
Of his transactions told him all had heard abcui
H. snd told him that the beat thing for him TO DO was
70 make us safe I went 10 the of3ce OF Mr Muloch
With him be vas apparently desisous TO secure US
0Bernet-I have uevr committed any knowledgs OF
my affairs 20 Mr. CLARK epcept ss We 90 along here.
Utlark-I don't fdesirs 10 learn u.
b Wnne@-The Fostar forgery hret became public on
The eth Of January; a was published on sunday the
etb Of January, In the Era newspaper; shorod Dir.
Bennett the psper; he said 10 vas all id conspiracy
the fsme - the Drury
Cross ersmined-I vas In the carly part OF Novem-
ber the latter part Of october. when received an
intrcduction BY Bennett TO One-Eyed thompson; 1
think 10 vas the latter part Of october; We vent
down In indsrcribabe sort ~ vehicle; II belonged
TO Mr.. Benret; went down TO see the property In
refsrencs 10 sscertsining Hs value previous 70
M Bonnet Introducing To his son, EOrd