The New York herald., 1850-01-19

thdt ne WAS captain OF o floOp. counsel tnel
| read the card which addressed to Mr. Mscrsady
they offered to sustain lin Yes the good an,
love Of order Of the citizens will sustain him. and tn
good sense Of the miitsry-not as the hirelings of
monarch or prince, men whs, ~ high and nativ
born citizens Of Americastood by the side Of order
lie then referred to the ind viduas whose
attached 10 tbs cardther station; their love Of II
berty and atscbn ut TO their country amongst then
was Ambrose L. Jordan, the Attorney General, ant
Washington Irving whom it enough to name; hi
character Is the property OF the world Has h. eve
joined the aristocracy at home or abroad! Has he
carried comfort and consolation to every hearth il
Europe by his writings? HswOuld not go through th,
list but would give another David Graham, brother
Of enc of the gentlemen who defend the prisoners a
lawyer who has jsst completed an able work on the
criminal code or this country. Counsel having up
piled hims.u TO the evidence, aud argued a. consider
able length upon the law and the connection OF the
defp with the offence with whcb they charged
concluded by remarking that the very time when Mr.
Macready ihhosptahly received here Miss Cush-
man resppg 10 Ergsnd the rioh and liberal
ward Of her most splendid talents. The learned gen
tleman the defence had spoken Of Tyranny Wners
IL the tyranny equal 90 the tyranny of mob Whers
s tbs tyrsnpy equal u the tyranny OF the leader of
meb who has not courage TO stand by them when they
are committing the acts TO which he set thes on
Upon that occasion, the straDg arm of the law Tell
heavy upon the innocent and the guilty alike and all
must look back IL with regret but whether the
suthorites right wrong they not 10 try.
An appeal wss made to the public, and they sustained
therefore hoped that tos jury would give the that
CAIN consideration which ITS Importance quired and
that they would render verdict which would elevate
tAe law aud the country which they all glorsd In.
The Drurys' Case.
SAMUEL prury and Samuel Drury, Jr., were brought
MI Clark, on behalf Of the prisoners said that the
Court Was aware that indictments had been found
against both the defendants for attempt to urder aud
they entitled TO separate trials he wished to
ask the District Attorney which Of them he intends TO
put On trisl first.
The District Attorney-I cannot, as yet, say which
Of them viii be prepared to try hrst
The Judge-We cannot compel the District Attor-
to state which Of them he intends to put upon trial
frst.
The District Attorney-It is matter Of indifference
to which of them Try first; but at the same time,
mutt say have not as yet sufficient knowledge OF
the testimony to cay which will put trial first, and
II was in position to be able, 1t would not be
ducve to the ends Of justice to state IL now
The Court-fhep as it is matter OF indifference to
the District Attorney will set down the trial OF the
elder Drury for next Mondsy week, and the young
Drury for the following day.
mr. Ciarh then applied TO tho Court to compel Tho
mas Warner, ou.-eyed Thompson, aud Bill Darlington
to be recognised to appear as witnesses. The exam-
nation before the magistrate .ho"ed that the patie,
i'm portsnt witnesses In the aud he applied
to the nsgtstc to compel them TO enter into bonds
US witnesses 10 appear. The magistrate, under the
tdvce OF the District Attorney, declined this appca
The District Attorney stated that no act bad been
Graham. repressn sntipg the Attorney General.
The Court remarked that they had doubts whether
they had the power II was the duty Of tue magistrate
to have bound over these parties. The Court should
like to hear what the District Attorney had TO say IN
the matter.
Ihe District Attorney said that his associs.e and
Linf, had after consult alton advised as stated. The
Court copld not know much of this ss the coun
eel Tor the prosecution. (Court-we do not) The
Court not fathom the motives OF these defendants
in nGkng this movement One OF there parties not
in the city Tar as the prosecution aware lie lhe
District Attorney ~s imagine the anxiety OF Dru
ry another Of the parties Il he failed to
tnd security The District Attorney knows full well
the cTsftness, the tact the nudscty the unserupu.
lousness Of Drury the District Attorney did not
shrink taxing his share Of the responsibility OF
not complying with his request.
The Court tad they would lay the matter over till
to-morro~ morDipgat lo clock.
MIR. Clark made come observation about private
council acting on the retainer of private individuals
In ills case.
The District Attorney said It due to his associ
ate MIR Graham to state that he not private coun-
sell he much the representative of the state ~
himself he WAS retained by the State and not by any
Sir Clark did not mean 70 insnuste that Mr.. Gra-
hams connection with the prosecution WAS In any
other way than that stated by the District Attorney
Nrw AND InroRrAsr FAsrs CoseEhSIse rHr PARxnAs
Munp,n-ARhnAL or DR. anKaAs's Sow, &c 1T will
be rem, mbered that during the excitement attendant
upon tn. arrest Professor Webster aud the subse
quent examination Of his private desks at bis residence
in ambrdge IL was stated that two notes In DR. Park
man handwriting hsd been discovered. One OF these
for s24oo and is said bore on Its back en-
or.euebte sufficient TO Its face The other was
q note for S4s7, which the Professor alleged to have
paid the Doctor aud took the note itself Instead Of
csnceled when the discovery OF there notes vas
fret made public IL was thought by some that they
formed another link in the fearful chain OF evidence
which epcom paced the Professor; but, upon calm
contidtra ion, this supposition vas repudtAtet by
many, and the whole Transaction fEally resulted
In the conviction that these notes instead OF tending
further to cIiminate the Professor, would naturally
serve exon,rsie him, la measure, from the charge
Of having committed the deed, II he did IL at ALL
from pecunisry considerations We have just learned
from source ON which We place impli,it crsdence,
that all th. circumstances attending the discovery Of
these notes have not yet beer made public and that
their true history involves the vbels dreadful
affair In n deeper shade of mystsry. IL seems
fsssor Webster' for the purpose OF etsninins
lie papers q certain desk vas thoroughly over
hsuled- every paper was spresd open ana n,ns'sy
PulmAns hand ~riir z; Yet not word vas discover.
I'd that bore any resemblance TO the Doctors manu-.
script They tbsn rsinquisbed the search, and came
tie conclusion that N frof Webster had snv papers
In IN. tsndwrtiDE q Dr. fsrkman, they we're Ger.
tsnly not Ia hat deck They then left toe house
tirIy sash.d that t useless to prosecute their
for that species of evidence agsinst the
Professor any farther IN that directions The neIt day
they sssin visited the house Q similar -rrsnd and
ssr examinir ether scsptseles for papers Letters
.itbout any suecsssfui result the gentleman sho vas
expected to rscosniz. the Handwriting 81 the Doctor
surgs.ted the priety of sgsin examining the desk
Witch had been pect.d the day previously Although
coHsid..d by the others futile undertaking yet they
corssp;.d-the deck ~ss opened aud there. eonspt
among al IN. other paper, we're the two note.
above mentioned. In the unmistsksble Handwriting OF
Dr Tsrknap Iios they came there, no one hes ex-
piaiDsd end the NOR. reject on the subject the
lees can rspress the most painful surmises They
must have placed tf,r. by some person who pre-
sumsd that that d.tk. having been once 90 CON.
rlstely examined would sot be looked into again
ststsm.nt has been made in some o. ths peene
lame ntsd Doctor, had occasonaly visited thefsmy oi
the rrofettor since his ipcarcsraoni sns thst tsu
unfortunate lazy was still friendly and Intimate
terms with Mrs Webster How far the exsteDos ot
friendly feelings may be concerned ve knos not bat
Rave authority for stating positively, tNat Mrs
Psrku has not only not visited Professor webster
family sircs tn. dresdful event but has kept herself
confined TO Der residence and has not even visited
the msmtsrs 81 her own stricken family.
Mrs fsfsmsn We also learn will not be called upon
TO testify In the case The evidence relsuve TO the
private srks about the person Of the Doctor by which
his body identified 10 its msnged ststs can be "a
tifsctory given by the phJ stefan OF the family sod
thus Mrs will BE- freed from the as0nizns position
TO which che would be subject che gave her evidences
before the gave of the public.
Young Isrhman Of the Doctor, Who has been
some time In Lurope reached New York yesterday In
the iesmship sbsds and is expected to arrive here
to-day y-B Boston Hsraid, Jan. ~.
TIE Boston Post ssJs:-The papers during the past
w,.t have been very prolific IN false runors about
Dr. Webster, and his csse Only two have been called
90 our notice viz That Or webster had applied for
watchmen 20 protect him during the night from ao-
poy by ohsr prsoners Who had been In the habit
a nttefirs insulting ouicfee about the murder OF Or
rartmap. II wss further stated that watch vas set
up but they heard such outcries yet the doc 10
de h.