The New York herald., 1851-07-13

necessary to inform the public Of all that took place
Witness resumed-Gave Mr. Rusell his original
minutes and presumed those produced we're
s matted ss ss s sn til Ss sss
have bis counsel there and he witnes) had refused,
pssrsd for wilkes, but he did not know whether Is
counsel or not: counsel had come with him when he
made the original complaint had told Mr.. Russell the
necessary for MIR Russell to attend it was courtesy to
admit counsel to attend at all; was not excited and
tense excitement which overbore his there
no difference in Mr. Ruckman's personal appearance
at the beginning early stages and just so long as
the winefs sustained his objections; believed this was
the only instance in which he had allowed any one,
other than professional man. to appear for a person
accused and catechise prosecutor did consider the
him to justice; had right to dismiss the complaint
when the witness did not answer. (Further questions
defendant to 20 on without counsel had Compelled a
witness to snswer by committing him; had dis
that he mbered but might have done so; knew
Lexow at that time reporter for the Police Gazette,
and knew that paper had contained bes on him, he
he'd issued warrant for Lexow used to port the
police newf, &c, at the Tombs; Wilkes had been
rested and released his recognzances had seen
in which he thought there need Of coun
than in that one excited but felt just in
digDaton, any magistrate would; did not know OF
any OF her complaint having been made against Wilkes
for libel Of his own kpowldge had read the report of
the proceedings (the alleged h5el)
Direct resumed-Knew reporter by the name Of
Moore believed he at the time connected with the
Police Gasetts; had him attend the police Offices
The Court then adjourned till 10 o'clock next morning
THIRD DAY.
JuLy 12-George Capln called and sworn said He
resides at ls5 West street. and carries business at l4
Fulton street, New York. the father of Elizabeth
Caplin; knew MIR Ruckman for about years; had
busness transactions with him. had collected bills for
him. and agent TO collect rents for estate of which
he was trustee at the time Of the aedged assault upon
his daughter witness out of town; he present
at the crossexaminaon Of Mr.. Ruckman bel Justice
MountfoIt; did not remember the time Of day; It was
about it had commenced when he got there;
he remained until 1t was dsnissed the weather was
very warm.
plaintiff (Mr Ruckman) appeared very warm and per-
spring believed be had his coat would have observ
1t il he had not to the best Of his recollection he
subj u witness the part Of Wilkes had read
the alleged libel a: the time 1t came out.
Mr. schaner-I wish to examine the witness to the
truth Of it, Shall pursue the with
Justice Mountfort yesterday
Mr. Russell objected. lie wished to have the wit
of the matter and not to have the
words put into his mouth as they were yesterday He
obiectt u to IL ss illegal.
The Judge said the would certain
ly be to take the witnesses statement and call his
attention the subject matter Of anything particular
that the witness omitted.
On that examination the witness continued-IIe had
recollection Of seeing the affidavit made against
Wilkes Certain portions Of the report was then ad-
mted to be true and the witness directed to give his
account) Mr. Lexow there, Justice Mountfort,
Mr.. Ruckman and person accompanying him; Mr..
Euckman was asked sone questions which ne refused
to answer and the Judge sustained him in Of the
objections; he then wanted the case adjourned and
enough, and would not adjourn the case; Ruckman
asked for adjournment three times, aud refused
TO and sad the Justice might commit him; he
still refused: and the Judge dismissed the case
Mr. Schaffer then offered 20 show that Ruckman had
used proane language to show amino the report was
made by proving they had suppressed that Objected TO
and ruled out the ground that il not within the
Justification. Exception noted
Examination misunderstanding was said on the
subject Mr. Ruckmsn's transactions with regard to
the real estate before mentioned.
Mr. schafer offered to show the libel to the witness,
but he CouIf ref To (Exception noted
Witness-There were some remarks made about witness
having acted wrongnly as an agent but he could not re-
member what; Justice Mountfort had said II the ques
items not answered ne would either dismiss the
case, commit the complainant. "a somewhat tedi.
Gus examination followed in which the witness gave
his sccount of the proceedings going through all the
details comprised in the alleged hbel) Witness was
acquainted with the general character OF the plain
tf from hear say; his trading character good; his
mon al character he did not consider good (The latter
To the Court-in his dealings with men he would act
bonoraly but he an immoral man. that Is his general
reputation.
1s4i had known him by sight before had been agent
for the property before Mr. Ruckman took possesson
had teen MIR Ruckman's agent about four years; had
a difficulty with Mr.. Ruckman about his daughter but
had about money; had no recollection OF promis
ing Mr. Chas Judson to render him account; 1t
left to settled SIR Judson aud Mr.
Barrett did not promise to render an account; they
had them ALL (Accounts handed up
The Court ntepoed and ruled out that portion OF the
Mr. Clark said he offered it to show the of mind
into Il. but the Court still ruled II out
Witness lie ceased to be Mr. Ruckmans agent. after
he had commenced criminal prosecution against him.
he present at examination before Justice Mount
fort: did know how II he so late; he was
either subpopmd or called upon BY some one he was
who had called upon him the same day to attend as
witness; had known Mr. Lexow before; knew him as a re
porter for the Police Gazee had seen him at the Office
had been there about and nothing else
unless 10 get paper Mr. Ruckman on the examination,
had refused to ay that his TO the questions put
by Lex to nj d
he though the magistrate did not sufficiently protect his
rights he ala not refuse any questions rela
tive the libel any others except as 10 the real estate
Direct resumed-Knew tn. general character OF the
plaintiffs had always heard his moral character was bad
Cross. examn mned-Mr Clark asked II lie could name
single person; and the witness having appealed TO the
and been assured he could not endanser himself
by speaking the truth. named Ann Maria Biakeinan
but could say whether IL before or af,er the
pesrapcc thcsc publications. could not rarticu
lar time; she lived ut "a Essex street witness pre-
umcd there had been no diculty between her and the
plaintiff he was her trustee; could not say her say
Ing N had made impression on HIM did not think
be had troubled himself much about II; had neard him.
Rusknan spoken Of as IA gay mani" had never In
yt,d him to his house; he had been there TO call upon
wbess business; he hal never spoken OF him.
bad never done to his counsel; had never ap-
Piled to- demanded Of him hundred and fifty dolsrs
never he'd written the Police Gazet, anything
ever published his knowledge upon Information given
by HIM did not Lexow st the Petty sefsons did not
know Wilkes at al; only knew the man who collected
sdyer, ,ments; did not know the editors room; Qoter
band,d up; did not know the writing Of the address
had very like IL; could not recollect where or
Mr Austin. 80 West Washington place. New York,
printer. caed-Worked the NaioHaf Police Gd.si'e,
of from the 18th of January 1919 some days Ia
the week there no work done there, aud H. had
worked in ether places; rccoleced when the puJics-
tion Of the 22d Of June 1850 printed well Knew Mr.
Isxtv ., hand writing.
Nr Schsf,r proposed 10 show that the socaed libel
taken from tbs manuscripts produced that portion
otmmenciug with the afidsyit being furnished by Mr..
L,xow. the introductory part by another person
Mr. Russell objected that they could not be permitted
TO give evd. contrary o. the defendant
affidavit lofore Justice Smith, where he sail he had
written the article.
The Court thought that not conclusive and over
ruled the ohjectioI. (Exception noted
Manuscripts handed to witDc,s) The first two pages
not in Mr LrXows har dwritiDg had no clear re-
co. cion who u handed them to him. but he
told to preserve them u customary 10 preserve
letter. of ccrrespondents aud on common police
items, editorials usually thrown away; rccol-
lee led that after st up Mr.. Wilkes looked at the
rrocf ana nsde alterations, which the witness