The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-11

rsh CHARGE o. CONSPIRACY PENDING AGAINST GsoRaxw
MILES. the
Before Justice Mountfort

W Niles, the lawyer, was further heard before the
magistrate. The only evidence taken was the testi-
meny given by the two commissioners OF deeds whose
names are attached TO the release given Mr. Henry
Havens on settlement made by the syment OF $1,000
The following are the aflGGYts:--
VIM. II. Harmed sworn-I reside at No q uoratlo
street Keep Law omce at No. 10 Centre street a
counsellor at law and commissioner Of deeds; :
on the l'th AugSst lS49 (relra,e OF John sullivan
prouueecD have seen this paper before, this pur-
ports 10 be general release executed by John sulli
van IN nyor of Henry llasens witnessed the sigma
tGre Of Mr. Sullivan the certificate of acknowledges
mebt is in my handsTting and sSued by me; 1 kneg
John sullivan Sufficiently to know him be the per-
son who executed IL; nad no particula acouslut.
snee with BIN; cannot ray how long hal known
suliivan had seen him about the city; for
how long had - en- h,m about the eli " cond moi sv
whereabouts had seen him. had zee him passing IN
The street never had any conversation with him dont
think Was ever introduced TO him; don't know his
residences do not know his business d. know Ii he
was married or not should take him 10 De 80 or -
years OF age he might nave been 20 years old auht
know cannot tell mems age by thoir app earance;
~ may arc nave oeeh ID OF - years Oh out do not
think be was have not sufficient recollection Of him
toknow his agv; think he was uiddligg sized man;
MINK ne was about ret or 10 Inches highi don't
know II hs thin do know il he was dark
orhght complt KIDD or The colo oi his eyes nor
had him about the city d.d not know hi N sun.
GENTLY 10 take acknows d;emen of a deed without
Identification; think the ack 40 sled cement Ia
ken at myoi'ice, and have recollection that any
person was with him. have recollection HE pay
ng uae foI the acknowe cement, my usual lee -
cents; do not know If have him since; nave
no recollection OF the Sullivan further tina that
his cuuntenauee seemed familiar 10 me- and knew
should recognise him II met him, "A number of per-
he habit of visiting NV office tor similar
purposes have no particular power OF recollecting
people by their face or appearance; have not spoken
to Dir Niles Tor r long tme do not know II sullivan
was sent BY him. do not know II the release
Niles ofc. or vherei from do know ii should
Remember IL in Sullivan had along with
body knew; | do not know anybody in SIC. Niles I
oihce never spoke 10 Niles in relation this instru
inent or subject matter; cannot recolect whether
the sig nature John sullivan made my OH &C.
or whether il had been made before he came; is
eithsr Acknowledged or signed in my presence eaa't
remember which, do not know Sulliyan's handwriting
but IRON this instrument; cannot say whether the
person who made the acknowledgement was .hu Sal.
Ivan or not did not know his till he told me;
don't remember whether he told his anne was |
Sullivan he acknowledged it to be his signature; L |
asked him II It his signature; 1t is my invsraole
custom to ask shat; have no recollection |
subject, except what derive from aud
my constant practice; 1 never did business for
Niles.
street; my once is at 1872 Broadway; am a commits
sioner of deeds; my Office s in the same building with
that OF Mr. q w. Niles. (Heleass marked A, and aai-
davit ct the back ct it, produced) L have seen the
paper before IL was shown TO yesterday by Justice
houn.lo.; .he andst on the back OF the release has
been sworn TO before me- my signature is attached
the jurat do not know Ellen I. sullivan the person
by whom the affidavit purports to have been made 1
think a female, attended by young lad came into
my office; II the lad iron Niles Office think;
had not the female before; the lad called my at
tention to the paper and requested me to take the
womans AFFIDAVIT; the female may have been attended
by some other person from Niles Office
Do you know The hand writing OF the body Of that
AFFIDAVIT!
At looks to me like Niles hand writing; believe
1t be HE The jurat appears be the same hand
writing not rccolleet having the release and
certificate inside the paper until it shown
yt.terd1y the bling up in the bl,nks1n the general
queuty seen Niles write; I may be deceived in his
ndsriting but should esteem myself judge Of it,
the signature, Ellen 7. Sullivan" to the afhdsvit
not mads in my prsser ce; the paper was handed
TO NE by thu p,rson who came with the woman aud
the sgnstur, wa ID. affixed 10 the sHidsvt do not
know who paid Inc the fee; administered an cath to
the rersop Who represented to Ellen E. Sui
feet sbe las black hair retiring manners dark com.
pie Xiop; DO hot knov II should recognize her. sh.
wee plainly dressed do not recolect any particle Of
h'r dre.s he -as,Eot fat but we'll proportional wo-
man; the woman appeared to be strange; the young
man ushsred her towards me and she seemed spe-
eially rrtirinE che appeared to me to be woman in
hon,bi. life; do not think she spoke tend-red her
the book, and IKE placed her hand upon It: do not
rscoliect whether she seemed familiar in makiux m
davits do hot think have her before or since
that; judged her person about twenty years old;
fer. and confronted with the witness)
Q-Look at the lady. Ellen williams now pre-
sent and state IL abe Is the one Who swore to this an
A.-tAher having carefully viewed herr, do not
think that Is her
Mrs. Williams was here questioned by Mr. Clarke rs
TO whether che had sworn sfhdavit before wit
ness. and distinctly stated shc had not.
Winsss-l never saw the lady now present before
she Las points of resemblance with the person re-
fer to she 10 taller and soutsr than the who nade
tatsGed she Is not the person INV once A. on m.
floor below that Of Mr. Niles. there 4. and ,s.no !
other commissioner in the building I us,d 10 do |
some Of Mr. Niless business III. busisess consist.d
more In afhdsvits than Acknowledgements L am
Always specially careful to ascertain the Identity of
person before take his owledgment TO a deed
.lw.ys in such cases reouire the proo. ~ ias,,s,a
ton rs laid down by the statute taking sdavits
took hRe avit Of women sent from Sil.ss ofi.. Tp.
pei exhibited to Mrs Williams who testia,d that an.
had not ,igp.ditO
witness-Ny signature to the an iavit a NOT In the
ink as that Of the ady and the iurat ths ssn.
turc Ellen T. suliyspp seer : 10 be- in m. .ms,nt |
With that the writing In IN, body OF AMI
III, jurst
This ended the direct examination of Mr. Boy.rt |
Mr. David (rnbau counsel for Niles had ms sbil.
entered the court room. and protested against auy
nuation 81 the sxamipatio1 it having been prs
vioufiy asresd upon that the hearing was t. BE- sd
ourntd The parties however seemed not quite to
have understood each other when making that agree