The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-18

not b proved By papsrs and tbst was. also sbso.
sass sns
the letter spoke. OF BY Mr. Brssy 60 sh'oA - replied
A. to Gevessor Ysuss be- knew that be could give no
evidence TIM trial st least his t~rtimouy could not
be admitted In regard to the g-nilemsn from Mssss-
chusstts he might have long since bssn examined BY
no rsSos Why they should not ai.eio.s shs tsssnony
they hoped TO prove BY the absent ~itasssss hthsy
make satisfactory affoavit that point tie sppli
catisn must be concedsa
Mr.. Mathsr again rose ana ssii-rhst whsR the
article which has bbslied nr Jordan Was written the
editor Of the Poioe Go2effe should have known the
proofs by which he could sustain 1t Let them name
the papers they want sud they snail DO producsd. or
any gentlemen connected with the prosecution will
THAI there personal iatsrviow bel ween
Governor Young and Mr.. Jordss on toe subject, the
prosecution would nor force on thu trsi rho court
would aleo look into the good Isito OF the parties
making this application He WAS oonsiuoed they dared
not make such an AfSdavit as "ouid enttis them TO
Mr. Brady ssid-rhey wanted nov to dispose Of the
In some suitsbe way IL there be any reasonable
chance OF procuring the OF those
they willing wait but II the court sees that
there chance of obtsang their stt@odsnos there
was NO necessity OF keeping himsef and his learned
friends here They ali have business TO attend TO At
home. Mr. Brady then alluded to the NeD Era,
paper published New York ~bich contained an Or.
trls the subject OF ther alleged to be calculsted
to influence the public mod IN Poughksspsie, which
he said was distributed with that view
The District Attorney denied the part OF himssl
and his friends and ked them had they any motion
to make on the subject
Mr Dean-We have not.
Era For myself saw the paper before; but
now hold In my hand the Police Gazette, which con-
tsips article that may be considered good set OF
to the article in the Era aud nich has been literally
and grAtuitoutly circulated in this village BY ME-
Wilkes or his agents For my self dscaim all know
ledge of the Nep Era or it's editor
Mr.. Jordan then and on his own behalf, and
on behalf of his friends soemnly disclsimed any
knowledge of the Circulation OF tse New Era. It was
sim ply this Wilkes and oton were both editors and
they spsrring at each other every week on the
subject of the Drury trials Por his own part, he
sol,m nj dan hnO tpdu or
the man who it Was alleged circulated the Nev Era
Let them file an affidavit and make some motion on
The court said the discussion irregular If any
supposed that the circuatono Newspaper articles
amongtt this community, would operate unfsvorasle
to the due administration of justice they would find
themselves very much mistaken, On the other hand
re sction. His Honor said that from what had been
disclosed the last tia the attendance OF some Of
those witnesses might De- in some way necessary but
all Of them having their public duties to perform he
thought IL would be impossible to have them all here
At the time, and some of them we're above the
reach of an attachment. For his own part. he held
that judge sitting on the bench could not be st-
tsched, II an at acbment wac awarded against him.
and that If IL was attempted to execute It, hs would
send the person 20 doing Il to iai He xoud there
fore. suggest to the counsel on both sides, to make
some srrrAng.msn. to dispense with the evidence Of
those gen,lemen. "Por think" said his Honor,
that II the trial of this depends the sten-
dance Of those witnesses IL will never be tried
The parties then agreed that the should be SCI
down tor the third Monday OF the next March term
After tbs dsy for the trial was fixed discussion
arose on The subject OF procuring ths OF
absent witnesses Mr.. Brady moved for o mission
! to examine Governor Briggs, of Massachusetts.
Mr.. Jordan then said he hoped the court would per-
| NIT him 80 make one two remarks lie said 1t was
now pretty certain from what ranspir~d, that those
witnesses could never be got here 1t tho time,
therefore the trial could be proceeded With;
| but their attendance can he prooured In New York,
and let them be brought before OF the judges or
ommssioner In presence Of counsel on both sides
and let the IN be examined and sxamnsd so that
their testimony be- read trial; and let the
parties II they choose have an opportunity OF sxamin
irg them orally also. We have objection to that.
But, at the next trial. Governor Young may be In at
tendance, and judge Edwards may mott then counsel
on behalf OF wilkes will start up and positively assert
mis- evidence h 90 important they cannot 60 TO trial
without him; and so OF Mr. mcKeon, the District At
| torney; and, Of courfe the trial never 60 on.
Now, Is to put stop to this mode Of fencing that
| / make this otter publicly.
| Mr. Brsdy-Mr. mathsr and I will settle that In
New York. The natter then dropped, and the parties
| left Court.
| Our Acknowledgements are due to Mr. Campbell, the
District Attorney; TO Mr. Adrisnce, the clerk Of ths
court and 10 his deputies fcs the couresss extended
| to our reporter.