The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-29

mot shut their eyes 70 the fact q Mr. Smith being his
vate general counse-that this a matter Of discre
ton WIN the court and they did not think that the
pointment Of MIR Smith would be consistent with that
great and high moral recttude that should
the administration Of public justice.
Mr. Smith, who WAS about to address the court was
interrupted by Mr. Clark who hoped he did consider
that any personal reflection had been intended. Mr.
Smith then observed that when charges had been made
against Nr Wilkes. IL not unreasonable or extra
ordinary that he should wish person to BE- here
acquainted with all the circumstances of the case, ad
| wise with the law ofacers Of the state,
The Court felt 1t very Unpleasant duty, but must
abide by the decision and Mr. Smith admttcd tina,
he intended take aetve pam in the they could
not allow him TO come in (Alf Smith on this retnes
from the eonrt -
The examination Of Hr. John O. Larnberson tns
District Attorney for the county Of Queens theI
preceded With Some Indictments sound against DruJ
in 1871 produced and shown to witness Er stated
they were origias ests but Nj Clark objected
and said it outrage the rights Of a man
cnsed 10 introduce testimony charging am with another
and tosslly diere at oence d only done to
themselves from the wrong they had connitted When
they went to the detndants house and said they had
search wrirlnt-in which statement they fed-they lied
then they did when tn " attempted to Justify
themselves. They had more right to 10 into that
house and ssize the I"opery tha7 they haC 20 take his
wife daughters; ard then they, had spread these
charges by means Of the press aIt given IL out to the
world that he thief
Tie District Attorney offered this oyidence for the pur
pose Of explaining the why Saith and tie others
had taken the property rom Mr. Drnry's house, and
that there design orob him az had been charged.
The contents Of the ndirment wer, ruled out and the
question put We're there any indictments found in
which had references to ceraln watches ~welry and
sonal property
Objected To and amended
Was there any criminal ca- pending, (which II be-
csme material to produce yAis property evidence
alainst Mr., Drluy!
A-1hcre several Indictments fountAagainst Mr.
rruy y the x and jury in t!r Sessions Of June 1917,
L,t all upon them wgstsken by the Juurt of Oyer
and Telminer. In October hsreceivcd notice of a mo-
tion TO enter no Iaoseq the chief judge asreed with
him that they had no power tn do cXcePs the
nf i'm he lint in
thought otherwise, and being majority of Tie court
made rule for he, (witness) however lad
entered it, considering the orSrr 10 be- quite unau'
lie therefore considered the Indictment then
pending lie had subsequently come to the
cirsion that the offence was not committed in Queens
county, ard Ind entered role proseqtH the 18th
Nov,mber. 1850. Those indictments could not be
tried the trials conducted without tho production of
hose watches, watch makers tools and articles of
jeWery, and somew atchcase makers tools lie had
eeiy,d some iEio nation in lSig ssor time after tho
seizure Of the property and he down with the in
dictm.nts which he considered stll pending, and
before judge of the Superior Court Judge Oak
hy) t,fore wh IN a motion had been made 10y Drury to
possession of that property Ills object 10
prevent he judge making order for the restoration
of IL to Drury. Warner Drury's counsel The order
noted in the minute book and he knew IT, witness
supposed The offence if any. conmittcd in lSls,
in which year he was tried and acquitted The iuhct
mcnts bad been lot. Mr.. Joseph White who in the
must have taken them by mistake for he could
not find them, but never said anything about II, and
they we're afterwards found lie never caarge.or
pect,d Drury Of having stolen them from bis office.
Mr.. Clhlk-Do you not know that he accused by
the Police Gazette of having stolen them!
Al believe 81.
Q--Did you ever say anything that wous justify that
infamous sheet in charging Drury With the robbery
Mr. Jonas b. Phillips was recalled and his recxamins-
ton ol cted TO- nd exception notcdre stated he
had since syoken with Mr. stewart and from certificate
in his own handwriting, which he produced he could
state that tie bills forming the subject Of the December
and January indictments, were the those
which the November indictment grotufed lie
then described them in detail all Of which las been
of the inmates Of the District Attorneys Office
al the time Of the robbery, were Mirah foya George
latter not in the city, he had heard but did
Of his own knowltd dgc know, whore he was.
The Court here took recess for twenty minutes.
AFTERNOON SESSION
After Of about half hour the brsiness of
the count resumed.
A. NJ. e. Smith. recalled The counsel for tho prose-
cuton offered TO prove paper containing hist Of art
ccs, n receipt for number Of articles received by
MIR stewart Clrrk OF Police IN New York whis, recent
given by Mr. stewart to Captain Magnc of the Sixth
ward pocc IL was proposed 10 proy.that these arti
ccs we're the same as those taken from Mr. Drogs pos
The Court asked Why the articles Themselves we're
not produced
Mr. warirg ,adthc articles thor way to court
The presiding judge then said this witness had better
di,r his testimony till the articles alluded to
Thomas a. Alexander. sworn ~ am agent for the
Ttna Fire In urance company; Know the defendant;
frst him in 1874
Q-was Mr. Drury ever and II So when, insured in
your company
obicctcd to by the defence irrelevant and ruled
ny the court.
Q-ny Mr. cluk-was that seizure Of property ever
made IS your direction ?
At was not. / do not know ,r A. NJ g. Smith, nor
Mr. wilkes never gave any directions about the SCI
A. O. smith, recalled know John NJ. Taylor; his
cilcc is in William street, New York. q AFTER tilng;
thosc articles from Mr. prurys house did YOU give
tce to pcrson ia New York connected with tho pro-
stcution Ia Quccns county ia relation to your having
~ your Poe'fsioh certain properly, Nhoh was suposed
e. be- necessary 10 that prosecution for evidence, anI IL
Fo What, and to whom OBJECTED to hy the defence
Objection oyerud by the Court. ani exception taken to
the ruling) A. In two days after those things
taken 10 ie police office. Mr.. Taylor walking
in with n hoek under his and said he wantcs
the ptorcrty Mr. stewart and myself showed him The
pru,,rty O. Did you deliver III the property taken
rem lie possession Il SIR. Drry except thai So ILL., to
Mf stewart A. / exercised 40 conlrul ovtr tho pro-
prriy afterwards. Mr. Stewart Is the prcrefty clerk OF
police.
O. what relation ha- Captain Magncs 70 this Affair."
Objected TO- and oyetrul,d) 4 When Fe came down
the night ,frrr found tsc oicc closed aud
haudcd tke property g. Captain Nagnss. t. Srirct
pcr,ou a. take inventory oil rsP.ain Magne-
wns the Captain of the Slyzh ward Police. be my
captain; II Tie second day after tie property
placed thcrc. thct Ar Ta flor camcu NJ.
Cruss., Aamined-Q. Can you s,aaar ,hst al the pro-
rctty taken ~ ypu and Stcr from ttr Drurys de-
a An ihatt fook WI. h delivered; don't know WIS.
rshcrs took; know wat y pgrscrihed by the
statutes fer tho terNiee 81 SCARAB Si snis was aware
a Il at that time.
C,ursel fr prussc ationwhnt has been the practice
ot oneors cf he pcNce IN relation aAioe stolcn pro
party, aud either reperJ 'Anseito BE- Illegally 10 pos
seseitn - persons
The d,i,ucc y = oicd to evidence II this kind The
Court said the rcCf uf the custom might tend 81 cxcul
rstr The witnt run the char.r ~ he pursst ~ any
pe,ulsr cnmss n th'a The counsel To- the pro.e
cutun finally changed the fosW 81 his question and thu
witness went o. atsc the tct relative b. the taking
"A the plupguy fftm Ar. brsry's house.
WITH ssbl--w hsn hTtt w,nt ~ tl.s back door o.
tlet HOUSE,. little ih locked the door " The =.
the head ~ The stars and put the kcy aasy la chils
cribs Estng this went to the Cr4h, tevk te key ven
into the sua two boXt matsed Boston. Adams
Co and directed 10 Ssmuc Dvury New Ncrk; tic Ill
uf Que tho bsxps loose aud looked IN aad
scwa gold articles Prom al that have seen, an know
ina the character of the lCourt-nc,cr tand the
character of tho man. on 90 What you tauni There
we're some dies nj some wath,s won't down Va tho
hsy, mcnt and found two vachea there, VII Arlington
rcnutt afterwards claimed, AMI piece ~ paper,
which was written loaned Asaicv on thcsc sg6 y Under
an thcfe circumstances. thought II but justice, ana
dc, med Il MY Duty to take thc property % the police
tfhec.
Crosscxsminc-I did not scc IN lingo. of gold there
vrs small har Cf Isttal 1 think " taken
on tho SECOND warrant, that H. ut the police 0itcc
M4lafa