The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-09

lips Esq, applied to the Court for the disch srgs
James Gallagher who Is confined in the city priso
awaiting requisiton from the Governor Of Tilinoi
The counsel moved for tho discharge of his client,
the ground that the affidavit which he held Ia
sumcent VIE; that the affidavit is that Of police Off 90
Leonard and that he that h. believes'' lau.
snr Is fugitive from Justice in illinois A mere bs
lei ne sSid was not sufficient. nile h. was arglias
TINS point M Stanley handed paper To the Court
Mr. Phillips II the Court pleass we desire to ace
"y iapeis wnicn nr Stanley presents to the Court
Recorder, passing the paper the District Attor.
pey)-I don't know what it is You had b tier iank
al IT Mr. District Attorney Presently Mr. st,as1
another paper TO the Court wlrn the Record "
thu, Ss stanley not proper that you should
P"P'rs TO The Court; II they have ming d.,
with the case, they should be ven to tho counsel
y-hs letter from the Sheriff Of Cook coun-
Phillips Counsel for the prisoner)-We want TO ace
| every thing that relates to this case
| hecoid'r-certainly sir, that is your right. will
| hand this paper to the District Attorney
| Mr. Mcheon. (aying the paper down On the Clerk's
aeskIl can receive no communication from a ma
| Mr. Phillips said that his client hal boon arr ,tsi
through The fundamentally of MIR Wilkes by m ,an- "
tue so-calied stoolpgeop ~ stem the aaous-
ton Of an individual This. ne declared wasa great
violation OF the rights OF the citizen
The District Attorney expressed In strong ter his
adherence OF the sto, pigeon system aud a.k,i 10,
time to inquire into the The court Therefore,
put of the decision till Thursday morning
Inc contents OF The papers which caused compliant
were as follows =
"pHiLApELPiiA, April l3, 1850
FRIEND WILkEs-i have arrested Capt. jas u u rcel
alias Gale, alias Gallagher, alias Mclaughlin lsnx
this the Capt Green Tat is waited ia Chcaso ia I.
and at Troy n II 80, let me kaow oy nail or
telegraph Truly yours, j. LDjUE
Lieutenant OF Po.icen
"Caoaso April % 1880
ITO GEo. WnKEs-Just as soon a rosIu.sitipa from
the Goyerner can be got here JAS "a. urssa va. be
sent for Please inform me how long you can keep
hm. J. OpDA -h.siT
Trial Of Stephen ~ Foster, charged 9TH RIO gerry q, rAe
second Degree I'1nempi'ag 10 Passa SIP .iols 500 b
Stephen W. Foster. who tried at the lat tsrn
and IN which case the jury could agree, Ag..n
Pu, on uisi THIS morning Tor having IA IA, po-sesrion
aud attempting 10 pass TO hessrs. CO.ya-e, in ~Aii
street bl purporiing to b. 500 bil "A the Mar.
chants aud Traders Bank but whcn Ia ftct, bal
altered iftm the denomination of ~
JOSIAH ; Colgate sworn Il am ens"g d IN ths ba'-
wmber lsst, the prisoner came into oilcs ana
asktd " We had gold to sell, told hun hai he
then took out a 500 note. aud sad nc you'd AK, /,
have golu Tor that took the bill aud looked al A. and
thought IL good, had not 300 in gol and t1,d
him To wait until my father came in; my iathsr
in shOrty aito rwards; showed nui this n said
suppose that II all right; my fdncr $40 sh,asns
aud went out To the goid winnie ia the street
out III. gold he arked the prisoner wh,rv a. 20. The
note; he replied that he got 1t OF merchant A. per
No. 10; my father went out again. aud faster sD,a
went out also. aud did return. he .ft 500,
aid not sse him again until after his is ~,
ter was IN the ONCE 'ir Taylor also brossr
and said the defendant had ,ored ga.
the bill at his Our Taylor') Office, the ming proyi
The witness was cross examined by John Part
Esq. run 81 for The defend mt.
Alexander Taylor sworn Il am broker AT the cor
ner u Val and Pearl Streets cannot iieptiiy tue
prisoner; reollect 500 bank note osuS ,Iisci
me In November iast; II was about O'Clock Do
aft, rhOon; declined taking the note; ssgici1as
OF The bill; Mr. Colgate. into my o.nos with
III. ball ON the following iruiug
Crost-examined. w hen / rsfuss a 10 take IA. I'll
said To Mr. Foster, 81 have MT mach I'm frtcaE
gold, he sad. Then make IL up Of Smash AZ tad
SILVER HAD never bad mole OF TINS dosof psilu
before, did net intiuas. auy Suspicion u tae u'
The prosecution here rested rcs.riHg ene privilege a
calling several witnrsscs at a later PERIOD.
The defence re opened. In MS Op niag ltstfs,
Mr. fosters counsel stated to the jury tns 10
which Mr. Potter became poss.ssed OF en- bIi ma q-s.-
ton lie said that, in November iist, -
boston from New York. aud by some means, idf
Foster learned that he had c1usidrtaor aaIsgai -
money In New York bank bila ~hion no stA-4 %
sAcbnng, tor Boston money lie said hs would au9.
liberal discount, ~ the exchange coa1 De- quo2y
made, for he said h. had " got INTO scregc VIA
woman Ia New ork aud br DID uOt ~snt 81 kn9~,
wL,ie lie VAS. MIR Poster shat suspicious
that the money might be stolen: ne .heretDfs ~
grnph.d t. New TUrk to know Hly Ibblry h4d beea
mmitted an this cny. lie r.c.ly . r,vly nJm IA
Dnee OF the Chief of Police. stating hat tlere no
robbery complained Of here lie inca h. ia, m7u.,
| x, mined by competent judge brosrr, sL1 pr.
nounc'd the bill good Thus assured Hr Foster pro
,ur, the MONEY from some of ms frienl aaI " $40
be 'nchHbge with the P'rson who offered the 49,
York money
The hrst witness called, the part OF ths dsfouss,
| was William Mcclellan who. being day 4ueltlDi ss..f.
a. follows IL am clerk to the Ohei oi Ponce.
oeyod tecgrsphic d. spa IN from boston oa tls lIA
| 81 NOVEMBER last A copy Of the drspesch ~is read
AZ tta that handb liz had been i.suol Boston,
Douncing the hoes Of n large amour. OF money eae
In the hands OF suspicious person Nnne-s coa.i.
mud know the fact that Foster surrendered hs-
self to the at thvrities
The handb.i was called for but could MOI b. prois
ccd IL Wa admitted however, by ths defence thAt
the handbli contained account Of he Ios Of noaey
lar In description TO the bill nos herr.
Charles Colgate for the prosecution. I hat.
no doubt thu defendant is the man whoa ssv 40 ny
ONCE, IN November last This witness o1rrsblra.ct
the testimony of Josiah Colgate Ia all mat rsatui
his part IN the transaction.
Iiostexsmiptd.--w hen went Ina, a. spa had act
he ut he IA L. ..uI AZ
counter went 10 the Onice Of Taylor c0 q, gs IN
| gold
the d.fsposDt L. the person vino. la November lar
came INTO our ofhce aud offered 800 Dil pr VIA ca
bs wsnted American gold Recognize Nir Poster -
tie psIson who offered the ball; 1 -.s him tne az
morning In Mr. colga .'s Once, aud NAKED 80 liza
that II was the bal he had of red ore
the day before; FOSTER wcnt CUT b" aid - g. 4.
.fiee. think h. did ~ iDto pcu; tl1 iAsi
NOES y. squir,s tor the a f.urr Before ths
witI'ss CAV, bise,id tho drf.ndsn.s counsel rcd
ibe deposition OF vtis Gray Randall stock aud e.
change broker ~ Boston which sst fo-tb .hs f,s..l
can. to b ma 10 aceftain ~hfsh.r The bl4 ~ero GOD
The witness squirs ustin'd a. fo5ss .i an So
bu,ipsss la aus uii iisl Market. D1stla mar. p.sa
| IN busin,,s about stv.n years 4 Ea3. dfi.sI,st d.
have known hun sss.rL ysalr he ss3t hpsaf on
Long hart when he t-pt thers "a o. B.iar g.
letters TO read them tor ttr arat au.r
l ot thee balls sunday the I,to soga uoss
vent To dinn.r at IA cipes, sud on ely rr.tra 2
ell told me hr Poster h.a been su,re, eli lrlr-y
Mr.. y came Ia he rsd he ~.ntsd O. hJrfuE - t7s
tsld him had not 20 marn inoacJ hat tnit ~s-le
Z
with the money, b"taid that man hsf aftl % 60 hs
TO .sch.Isc ~ 40 o nee f"rk a. sffssi "a ~.
he Lad gos into scrap Wan a Won .Id tlst be
did hot like To 40 on cta nge ho sogII pay = tsfFs
Discount o. he could 81 he Dooey rhaasDd. uttt
~hh tosti 10 bo,tou Common. an. ms In p'r
sou Who had the money To- chang. tlrx slsus t.-f
bo' Cst'ctat 1 IN mined the noa = 80 tlU trle-t
thsrr account 81 any such Bl II. 500 i-.e..f
though The belle good. Foster 80. tlc nl1ry %
chatp'd them. lMUu--s then f0 ID t.at
s'ms Of the mon. winch IA had rseUiyt from fca.ff
had bst % ftturnsd 10 him ~ bad
witness e"bt,husd o. the Thafsasy ~ ia. IS -
FUst.r came ma. aud told hia lstl 90. 81 tls
Of him va = counterfeit bill alffrHl nuss IA
said be had b. en- 60 New York sol o. ss sfsi 81
ere aI bid 4 told him th-t. - ttf b4rrps
90 much mon'y. ~ Bast s~cufv ms ts atii ha Eoa.a
and he mined si.iy vsnt wurk and ~ ie.s titn
mouth b. had fiiy sscured me
Cro.s-, xam.s.d- tho District Att1-aeg here c-.~s
Msrgarot % Conner. ~ba came fYrrtlL - qrsrlsa
b, the Bistict Attoin.J, he ~isness -tatf laas b.
DID hot Know her a. siso stat a tu-l As 80 81
n.,. wb.n POUR It'd here IRE D. pas ~ g.
Lov.Joys h. DID .bter bis Bsu,t the BOOK ROsss-
IN bic ruom evening
The Count suyuur, 90 tiii to-mO-r3a uoFslny