The New York herald., 1850-05-16
Court or General Sessions.
Tho Recorder and Aldermen Grif'in and Oakley


piled for commission to examine witnesses in Cha
gres
said the matcrality of the testimony required Is q
question to be decided by the Court. and not by the
accused party The prisoner was bound 70 set forsh
decide upon It. He had known numberless instances
where commissions had been issued tor the exsmina-
tion of Witnesses and he had not seen half dozen
in the last i've whore they had been used
but il unfrequenty happened that the accused per-
sons after obtaining delay, pleaded guilty to the
MIR A. < Philips in reply, charged that there was
power more mighty in this case than the proseeuting
officer lie said that those parties connected with the
Police Ca<et,e behrd the throne and If there
interested but the District Attorney he would
have hesitation in stating what he expects to prove
but to the who looking for the reward Of
5000 for tie conviction i'm this and who
sorting TO the most infamous TO effect that pur-
pose be OR ihiliips was not willing to disclose the
nature of the testimony he intended to produce. 1t
appeared that person NAMED Albert Burtis was ar
rested charge OF burglary and was subsequently
discharged; such Information came from him as
caused the arrest Of man named Herbert alias Davis,
on whom part OF the property was found, and he was
then made witness, or behalf Of the prosecution,
against Mr.. McGarey. on whom none of the property
was found lie (counseD would prove that there wa,
foundation for the charge against his client, to
whom il had been proposed. by certain party that IL
he cGarcy) paid COO the amount of the reward he
should be discharged from the complaint
The District Attorney asked for the name Of the
party who offered to forego the prosecution such
terms.
Mr. Phps-The proposition had been nyie by
Marcus Tullius Cicero Stanley. indiv,r.a well
The Court. under the circumstances would not re-
qure the facts expected to be proved TO be stated In
the affidavit and decided upon granting the application
CASE JOSEPH C.. ASHLEY.
Joseph c. Ashley. charged with passing counterfeit
money made application To the Court to have the
indictments against him quashed, the grounds that
he bad been used witness on behalf of the State in
the trial against 0ne-Eyed Thompson. The District
Attorney had on a former occasion stated to jury
that he could not produce Thompson as witness be-
against him; aud by the laws OF the State person
nsed as witness is unidentified from any proceeding
by the State the emile Of its protection being thrown
around him. Mr. Ashley then read the follow 9S ah
davit -
AFFIDAVIT.
kew York Gearai Sessions The People Of n, sfate y
Nep York Us. Joserh c. .lshiep:
City and county of New York-Joserh G. Ashley, of
said city being duly sworn doth depose and say that
some time in the latter part of July 1880, llam H.
Thompson, known as 0neeyed Thompson called at
The residence Of deponert in the city OF brooklyn,
and paid deponent eighty dollars in ten dollar bills
purportipg TO be ten dollar bills the Eagle Bank Of
Bristol. Rhode Island that said Thompson justly
indebted TO deponent in the OF no and some
cents. for services rendered by deponent that said
bills were paid to deponent by said Thompson asgood
money that deponent paid away said bills believing
hrst day of august for pas sing of said bills.
the charge Of knowing them to he counterfeit that
dtponent, the day of his arrest sent his
counsel to said Thompson and to tell him that the
said bills paid as Aforesaid dcponent counter
felt and that he, said Thempson must come and ex-
plain said matter TO deponent or deponent would have
him arrested; that said Thompson called upon de.
ponent in prison. short time after and admitted
to depopent that the bills go charged to be counter
felt the bills which he Thompson, had paid to
deponent as aforesaid. and that he, Thompson, had
received tn, m in good faith from Mr. farnhsm or
some name like that depoucnt thinks, and that he
hearing being had before the magistrate In the police
Office he aud snid farnhsm would appear. ana fully
explain and satisfy sad magistrate that deponen Mt had
no'gulty knowledge of said bills being counterfeit
that said Thompson requested doI 1nent to allow one
| Thomas Warner attorney and counsellor athw 10
manage said hearing before said magistrate
4 Tor 1gpO It nd l0
| said Warner aud that said Warner was a better cr
mina lawyer than the counsel then acting for depo
nent that dpopent consented to this proposal on tbs
| part Of ThoApson, and demanded bearing at th'
police oiice that the day deponent 10 have
hearing he told faid Warner that his defence woult
Thompson az sicrssais and atp ssa Sls TSon,p %
would lrng sad Fam ham Ga explain vhcro and hov
they came into existence that thercupon said War
net affected mrch sngcr, and told deponent that b,
| II the angel Gabriel should come down from hea.
ven, and swear that he made and gave deponent
said Bristol notes, that ftl Justice mcGrath would
send the complaint before the Grand Jury aud that II
deronent would put In sad defence he said that depo-
nent would never be able 90 change the defence That
depnent told said Warner that this was the truth
and the only defence he would oner and that he
did not want him, the said Warner, to act counsel
In the IL lac refused 10 put In said defence and
thercuron dcponeEt disehafgcd said Warner. Dcpo-
n'nt further saith, that he thcu requested traneis
Ryrre ESQ ~ hts counsel 20 have another lay ap-
pointed Tor said hearing That said day, dcpOncnt
appeared before Justice jeremiah Lohrcp aud sidney
u. Stunt srd d,maudrd hearing; that said stuart
refus en examination. and again demanded hear-
Ing That fad stuart told dpponcnt enlhs counsel
That be bould have "hearingn that this examination
was ciy ipr tbe puTPofe oi setting the bau' which
form opponent consented TO- for the express purpose
Of nxiIg the bail cnly that the said Justice then ny
ed - bail ~ $1,000, that Opponent then offered good
ard upqu, sfonnie ball that on said bond pre-
senrg himfof bail aid Justice appointed another
day 20 accept the bail WHEN the day arrived. bis
Honor finding through rlueh inquiry that The bail
worth Cscr 81 600. said he had altered his mind,
aud would not take less than 900 ard then set mo-
I her. IN nm v~hf tug ur
ptsrtd ard able 70 justify and show that he was
worth over 5000 and not 500 in debt; that said jus
tice thtn changed bis mind again. and nid that he had
concluded tlnt he must now have tvs hondsnen. who
could justify iu $1,000 each In real estate That depo-
nept h,ina uneb. 90 fud second boudfnan request
90 thr ht"ing 20 % 'nf tnat taid justice io'hfop
then issued euhronns Tor the fol lowing wednesday.
Hlout one week ahead; that before said "Wednesday
came said n after taken ont cf the police oaice,
sent before the Grend Jury ard niic moni found
iiat deTont then chained and ps-aded through
the public streets. from lie City Prison 60 the City
Hall 60 Plead % The indictment; that deponout has
been cfsdlly Informed and believes that this unfa r
end unjust proceeding was has,ly instrnted ny
and through the influence aud management ~ the
I ted Ih'mss warner and his agents IN the police
Cfco because Opponent insisted showing that said
couucrfcit money had been paid % dspoucnt ny said
IhouTon. the fitisnd sud companion II said Warner
Dspcnent further fays. that three indictments were
ofhwn up by The District ATTORNEY - be is Informed
and believes and ftnt before the Grand Jury fur thr
Htuctkn t.t the Grand Jury, after hearing all tho
wituesfcf and carefully examining the whole matter.
dttdtt that only one Indictment was necessary aud
the for,uan of faid Grand Jury endorsed only 70
seid ndictmentf and returned t With the other tw,
unsrncd 10 the Office of the District Attorney shat
opponent than gave notice 20 the District Attorney.
that DE- would make application to the court 20 b. ad
miited % hsiL and gave The name and .idcnco q
the bond, man that n Gentleman connected with tho
nhtrict Attorney office. called upon the proposed
hondfmsu end Faid much to dcorrare him from b..
ctrniur hail Ter dtTorent thst the fn wing day sd
Trorcfsd bondsman received anonymous letter
villiiyirg deponent aud eautiuninr sad bondsmau In
The most fuismn ana friendly manner Go be careful
how he became bond man FOR Opponent, which letter
tcgtthr with the remarks made by the gentleman from
the hittrict Attorney cnice caused said bonaftsan
g. decline lecOning bail that dcponcnt after much
cTrotition end DELAY. vas finally admitted % bail
through another bondsnar that Offering bail. the
lhtftct Atufney concealed from the court the feet
~ there tcing but valid Indictment and compelled
depcrent a. give fecurlfy the two uncerthed In.
dcimcuts srd The certified indictment IN the suu ~
$40 erch. thUs making the entire bail SZloQ. dspo.
u'nt further sayf that he tried ~ passing sa'f
ccuntt ifeit nctsf q suid unccrtided ~ -.
ircttd iudictmsuts that sad trial depenent 80 np
his original offence. viz that he had received sai
bills in coed hti from sa'd Thonpson. ard had valid
thfm away nuocently Dercnt ~ further saith thet
h. had caused sod Ihompfun % he brought Va eour 'n
40 ffsS of