The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-25


had taken Thompson 70 the persons and they could acs
recognise HIM az the and added Smth) - don't
II unusual thing 10 = ths general practice 70
bring the psrti-- IN IN. oacs don't know why he was
NOT brought IN took the xanalasion OF pFnry was
prvreut all the time took llvn abe examination Of
jenkins this ehars~ eoun~-. h1- pruy asked Jeu-
kns why he did not N - thr-o bill 10 Drnry !;
he S~id thst IN. wsy h. did his business;
did know anything s5ors the u4asuring: was !.
usual thing al all anew !: done before; did NOS
know why IL wps prosecuted New York or Why 10 Wa
prosecutel 1T all; h. dd 10 convoy sny
than he said; the police novsr took any steps IN ths
count-rf-iting chsrgc at AL .s.sr " take aiisv
and -eud il b.for tho Grana jury witness hid all the
property still that delivered % Sim evidence In
the cause-a pr-ss tbs d-s, and all except what had
been delivered up To Dir psury.
Recommendations william Darlington, otherwise
Bristol Bl; he member Of the rat council; he
reputed burglar, counserf.f.cr and notoroady bad
characters his reputation ror burgiaries, think was
greater than anything c-r knew Of Warner defending
him IN u case IT burglary.
Mr. Sydney Stew then recalled for the defend
ant. by consent, he about TO Leave He la
posed that he recoected conversation at the police
eic- with A. VI. c. smith and Mr. Clark just after the
commit leu of Drury this charc; memorandum was
here arded TO witness which no had signed 1t the time
to III his msnory Y vas on The list January ~hsn
Smith sad yes Drury dill p. ons Aaonp,o 80. ~.
il he that gave him the bill. j,L.t bsle-
conversation place when Mr. Clark returned to it,
and asked whether he did not say just that Drury
did Say that Thompson had given him the bills smith
said told you Drury pointed out Thompson but did
not say that he said he had given him the bills, or If
did sny take il back now; Il l said 20, did
had told him So it not ut the time
OF the arrest, but subseq ut the police office
when they got be did at first say distinctly that
Drury hsd told him so they conversed in very warm
words when Smith said will take IL back. witness re-
memheIed Clark asking what did he point Thompson out
for and he also said viii hold you 70 that the
rnndum made at the time before they loft the office
Cross.eSami5sd-Mr Clark was charging that this was
the and had arrested the defendant upon it Clark
said he ought 10 have arrested Thompson instead of
Drury ANA asked Smith Why lie had not done 80 smith
said he had Marx ha
must have known it WAS his dnty to him smith
said he did not suspect Thompson Clark said why did
not Drury point out Thompson to you at Che ferry and
ask you 70 arrest him smith t aisened 20 the quc5
ton but afterwards sa& ! did not tell you he told
Thompson gave him thNt money a conversation fol
lowed relating to the torpedo box AMI then took her
turn for sors moments waen Smith said essertay IL
was not Thomson that put apon him thought
that the character Of ti,conyersat,n it very
excited quHe ana npid earnest conversation.
rejecting each UPON the othe'.
Rc-cxaInined BIZ Mr. Whitins-Mr Clafk might have
spoken more a eaizen than IN his capacity law
IT was not expressed which it cazua meeting.
every honest citize had iusres in it, for all inno
cent might be she subject of such conspiracy;
did doubt that NJ, Clark acting wit honest
conviction on behalf - his client. and fonest
victn that wrong bad been perp'trsted witch affect
cd the community 1t ss just afte7 The examination Vi
Jenkins mad been given. snd the fcS- made pr bile
Mr.. A. Phillips was stsn called sso for the'defence,
by consent, a lawyeS residing n New York; had
known NTH for thirteen pears Thoruson for n. and
Wilkes same time STANLEY three or for years Jenkins
and Crasous members % the police lDrgi had
been in the District Attorneys Office New York knew
Thompson. and Warner r~mber Of tse Bar; hemp
son, he believed was first csnccted wth Warne-
client afterwards had -aem toget frequ 1tly
his office being in the same street. CITY Hall Face
Thompson WA for some purI ~, in the enpoymcnt of
warner. Of client Of l. -; Smith sd Tn
were engaged in the prosecution Of the torpedo and
this charge and every charge sgsnst Mr. D-nry
An objection was here takeI 10 the declaration sof
Thompson being given in evidences and theewere rn 81
out.
Mr. Clark proposed call the District A, orney ard
snow that Mr. Thompson was ttr prosecutor, and war
arguing for the admission Of the ence WI he useS
the expression" If justice de ~ntly adm nistercd
This aroused the indignation Of Ae Court, sho called
upon him for explanation.
Mr.. Clark replied that he mea at reflection whatever
on The court.
Mr.. Whiting made a few excul pats ny remarks
The Court still remained unsatis-ed and called upon
him for apology.
Mr. Clark would not object to apologize If he lad done
any wrong; but 40 such Not his intention, he
unwilling TO make a virtual admission TO the contrary
by apo,ogizng lie stood upon his sights. and the ex
preston used In the Of legitimate argurlsnt
He would appeal to eminent member Of the lar pre-
cent The Hon. Ambrose L. Jordan, ate Attorney Gene
raj being In court would he hoped be kind enough TO
express his opinion.
Ths Court having joined in this request the honsra
bic gentleman said in substance, he etd not think the
words necessarily bore the offensive construction pat
upon them lie had been witness to many instances of
greater ndecorum in the heat arguments in criminal
cases passing unobserved.
1hr Court th.n accepted Mr. c~rh's ti...no
reflection them meant, and tho matter dreptsd
and the argument resumed Finally the Court, arAer
the peculiar circumstances Of the and with great
doubt ts strictly legal admissibty dat eninec
receive his declarations his intentions with respect
10 this specific charge or his intention 10 pat counterfeit
money to Mr.. Brury.
Mr. Clark asked the District Attorney 20 inform hira
who was the prosecutor. and
General Duryea explained that one-Eyed Thompson
had made u complaint before Justice smith, with re-
fpset certain bills alleged 10 have b. IN Drurys
possession near Greenwood and the matter coming
before the Grand Jury, action was taken on the case
upon the Heights.
Mr Clark-who il the prosecutor now, where did you
get that book
General Duryea-I sent for the book few days ago
10 Mrs Thomp.ons; there IL other prosecator but
Thompson. unless 1t be Mr.. wilkes.
MIR A. A Phillips rcealed-hnex Thompson who had
called him. in relation 10 Ashley for whom witness
the attorney. he had great objection to speak to
him at all he called IN reference 70 the evidence Tor
Mr., Ashley; in consequence of q remark he made,
witness said he had no confidence In han; he be-
lieved he was the person who got up the
and having the bills the Heights; he replied,
right. am" Witness said the sinyularity Of the
thing j. that thc bills Mr. Ashley is charged with possess
ing and those fuDd in Mr. Drurys hands were Of the
character for that doubt the integrity In
the evidence you have given me he seemed much exct
ed aud walking to little desk in the next room struck
With his hst and sald Yes, damn old Drury, was
The meens q arresiing him. and III follow him to death
hut III ruin him. that ttSArs time he had ever
spoken 10 Thompson In his life.
The following letter from Thompson 70 Ashley put
in. ard witness proved Thompsons handwriting -
FriendA.-Keep in good heart. and me for Civ
ing sdsiee. You know where am but II is nothing for
In time Il viii h. well 30 IL will be with you Your friends
will positively do a they can 70 aid you with the Cover
mort IL your only chance. Were you, would plead
guilty; state the fact- viz that you procured the money
a Drury. sc, &c have positive promise in your
behalf ana you can depend upon their fulhlment
with all q this cry Of conspiracy and pgeoning Sc SC
II would not do O. act 10 commit the parties
through which the damned scoundrels that strug
Cling against the consequences Of their guilt obtain
their victory II you will make up your mind TO do
advise. let II there remain txvc md exercise your
faith (no, judgment) that all viii ~ RIGHT Ever truly
yours OSE FonssT FoHrrrEs
Fan hcr as Pr9sisEs.n
The Court adjourned about &c o'clock IL bis day
ARRIVAL or MfssIoNARI-s FROM THE SANDWICH
IsiASDs.-The whale bark Croton arrived ut New
Bedford on Wednesday, from Honolulu, Sandwich
Islands bringing the following passengers, III Of the
American Foreign Mission Mrs. Lucy G.. Thurs
gnw ME- Marv "a Thuw@fou Mizu IfpafIC Paid.