The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-24

Before Hon judge Grssnwood and Aidsrmsn Leech ana
Lenerts
w,.~tspAr, April 23.-Mr Clark wshed, before pro-
eeeding crossexsmi.s ths next witness to state
jry the object o. some The cross Examination The
fscss h this we're iAAuise In number.
The District Attorney objected ~ speech being made
The Court thought would BE- time enough to explain
VIA .. objection Was raissd 70 the question
Mr. Clark did not with TO make q speech; but there
circumstances In this which the court
could not understand and ~ wanted TO make this simple
this;-On the day bessrv prry's arrest appointment
bad been made by Thomp~on 70 meet Mr. Drury; that
tosey had met Thompson invited him into the lot,
where they talked for time. ard when they
parting Thompson knowing Mr. Drury going TO his
sse ad As you ..s sSns 70 Wan street take these
give whatever il Il when call. at eleven o'clock
q the time handing him the bills carefully folded up
The Court said they would note the theory and hav
ing got that, they might proceed.
f1e District Attorney then recalled
A N q Smith, who depo~ed that he bad four $40
HIS, the Eagle Bank, Bristol, at Justice Lothrops
Nee in the hands Of Mr. Stewart the Judge did not
now that he had ever had them in his hands, never
zen genuine bill his recollection; they the
description Of bs that Ashley had been taken up
rpassing Had seen other bills of the Eagle Bank.
Q-Do you know Of any connexion OF any sort, be-
tween Dr,ry and Ashley, with rcspect--
Mr. Yhit:ng-we object to that.
The Court.-That l. certainly too wide.
The District Attorney proposed to show that Drury
WAS intimate with Ashley
Judge Crcenwood.-Well what if ne was
District Attorney-We win show that he was bail for
him on this very charge Of passing counterfeit money
The Judgc.-We can't have that.
MIR Cfark.-The sheriff Of this county was bail for One
Eyed Thompson. Is he. therefore
Judge Greenwcod-oh nothe most upright and virtu
Gus nan in the community may be bail for the worst
The question ruled out. and the witness
cross-exsmined by Mr.. whiting-Ead been psce
onccr shout eighteen years had known Thompson seven
where he resided all that time; had known Mr. Warner
twelve or fifteen had known Wilkes ten years hrst
that he the for Drurys arrest
the night before he did arrest hun knew that Wilkes
getting testimony against prury on the torpedo
charge perhaps month but the arrangement for the
arrest made the night before.
Questionable You know that Thompson was engaged
with Wilkes in getting up that testimony
Arswer--I understood il so; Thompson told me.
Conversations objs cted to-
Witness did I know which first engaged whe-
ther they went at together had been at wilkes house
when Thompson was there went other business:
Wilkes repeatedly on the subject Of his business Thomp
there wh went there: would not say he
second time not did not recoliect any
ton about the plan that should be adopted catch Drury
in the Of Thompson discussed the subject
with Mr. Warner; some time previous to his being
rested there conversation about going to Boston to
get evidence that was the first went to Boston alone
met Thompson there but not Warner; went TO get
Margaret oConnors Affidavit saw her about ten feet
OF; saw Thompson often; he always wen. by the name
Of Thompson; him with a glass eye; l
get Margaret 0Celnor's and Kenyon's afidavts; got
the afidavits, and returned with them thought 1t
see him; the arrangement for the rat council
not made for time after the night before the
council W likes told me what going
Mr. hitting did not want to hear what Wilkes told him.
Witness continucd.-An arrangement was made; MIR.
sfiected jenkins; witness selected Dennis DOW
ii0g but he did not go; jenkins preferred Crassous
did not know whose suggestion II that they to
gether in that room never heard Wilkes talk Of
1t In the presence Of Thompson had not heard the
plan to catch young Drury called the mouse trap"
had never heard it called till had been
connected with the Police Ga-effe; Mr. Johnson clerk
IN the Go-e Office had listened the conversation of
young Gam; did not know Why Brooklyn selected
instead Of New York 1t the night before only did
not know Thompson get them thore; knew there
vas TO be meeting there but Wilkes careful and
only aid few words; did not know why Wilkes should
Upff he hgk.n Hi are fh9n
so ~ 10 hear and then clear out about his business he
went and got the paper and bored the holes and got
Table. that they might stand IT. Wilkes told him
that Thompson would meet them the ferry and take
them 10 the place. do not know who hired the room;
suppose Thompson did for he asked witness for
I've dollars to pay for the room which witness
gave him. and Mr. Wilkes paid him again; did
know whoe suggestion the rat council was; IL
Wilkes frst told him. he paid his expenses to Bo
ton Margaret OConnnor left ut his house in the
morning her arrival for few minutes or it might be
"a hour, till Thompson came for her her again
rbenthe met her at the Stanley. Thomp
On, Warner, and Wilkes there; that Marcus
!uDis Cicero stanley the next time he Margaret
nter shc left his hosc. the Police Office making
ehisyit; did not know where she after the
lnG rhc left his house; did recoeet having the
bur bills i'm his hama; them "a, in the clerks
udge's hands close up 10 the desk knew there i
been other bills of the same brought the Police
ofcc; there bills passed time before-one
In New York and another in Brooklyn and he arrested
Thcnpson for IT, and toos hiu to the persons who had
received them, who said he not the man this
about the time Ashley arrested, shortly aferward
good while before the arrest Of Druy AT tho time of
rested the sfdavits made before Justice Lothrop
IN hs private In the evening and the arrest was
nnadethe next mornng sfer the rat council that night
sftcr the council witness went 10 the Judscs jenkins
Crsssous Dir, johnson. Wilkes and Mr. Warmers part
mr sparks there; he got two warrants one Tor
each on the torpedo charge II was Wilkes that him
he would meet Thompson at Brooklyn when they got
down 70 the ferry Thompson was there; prury said
CIV lily don't you take him. did not know why h.
said did not remember that he said That was the
man Who put the bills In my hand-take him words
The Court interrupted the counsel and said the state
rncnts cf the prisoner himself evidence
Mr. Clark contended they were la this as there
were controlling circumstances. They might receive
what Yas ad done at the time IL the arrest aud this
wa directly afterwards andthe first nome Mt he saw
Thou-pson he pointed him and said he the
th ma de II part Of the resgea The witness too, hay
ing reused to arrest him. showed the disposition
The Court would admit the testimony a. showing the
deposition Of the witness.
Ola not niu-y say at the police court that Thcmp-
ron bad put the bills Ia his hand and h did not know
what they we're,
Judge drcsnwood--we have passed upon that before.
Mr. cisri-Thst also goes 10 show the Witness feel
ing (T. sitness Did he ask you 70 arrest Thompson,
Court-ics; viii admit that.
Al have recollection thst he dill. except at the
ferry, where be said Why don't you take that =,
wit hsH nothing to him dd recollect
what he ssid; might have sad can have him at any
time
q Have you not reid 90
A Il don I know: witness bad arrested him (Thomp-
Eon) without warrant; DIR prury put into the
feuae department by witness express direction, he be-
icvcd there arrangement he went up 70 Drurys
house NJ Astoria, the same efternponi Wilkes and Jen
linz reni with han they had two carriages which
VI likes psie for
O-Nbo Mt with you
i 10 not rCcellcct. have mem0ra ndum ri home
The Court-wc have been over all this before.
Er Nhting-We do not wish 10 make the defence
itfsome 10 the court
Judge Circcnwood- We d. not know What you mean
a. THAI remark
Dir wbitlng-Your honor has twice before
remark, a W had gone the ground again We
have Mt with this witness
90 CLARK cxllaned--The prosecutors had. in their
examination. gone a. hut thy had not, besides
tlrY wrrr Cntl e. follow IL NJ. ana show I'll about
thst s3h and the witness With some fesita ion CON
tinutJ that wilkes ID tie age with him; Ne
did not know who the others we're Thompson went with
then, Nilkcs. jenkins. Cras.uus Donnrgan. Bowling
Ester with them did not ut he warrant
tersTncd Is any strate r. that county young sam
vac arfttc1 tttarp any into the hourt; Jcn
Ins arrtstd hm. did not know whether he bal irons
OF witDsss gave Jenkit the warrant and the irons had
warrant except fer urrtft search warrant the
driver and Jenkins and young sam away together