The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-30

the sats Of facts whish they made appear ths
thev had mad y ahrmAsive evidence AMI we're
seSuenny bound - exhaust il in ths hrst instance
t. lpense with fssnai opening and proceed AZ
70 introduce the ssnOny In the present state Of this
esse where they hAa sscsshs QUA 20 much q Their cyl
dcoce N the SxAnnAtion Of she prosecutors wiz
nses an opening nov would Dc NOR of i,'
40 between them MAI sh should be tho course adopt
ed and upon ahs essing Of tho testimony the District
ATTORNEY felt his osseial responsibility he could
"a that Jury convict Mr. Drry that then they would
address them Any attempt now 20 address them would
necessarily involve elaborate speech 10 do himself and
the Justice and he would therefore proceed at once
to the introduction Of their testimony.
Mr. Waring would prefer their opening, usual
He wished also 20 have understanding, a. owing to
the District Attorneys engagements, they would pro
badly have but the enc counsel to sum up
Mr.. Whiting stated in answer To the Court that he
would not undertake the summing up u cause of suca
The Court would allow them to select counsel TO
assist them in the summing up.
Mr. Ciark-Thsy might differ, and the same question
arise a. did Yesterday, with regard to Mr. smith He
would not like 20 that Court converted into
theatre for the exercise private malice and it was
case which he thought they ought to have responsible
public officer TO conduct
Geaessl Duryea denied there any such ARA nge.
ment Mr Clark had mentioned II ia his presence but
he lGen D. had neither assen'cd nor ds,entel. The
subject dropped, the Court vmarkinr they ala un.
dersand there any objection tho proposed
Mr. Clark proceeded The testimony here would relate
10 several different matters tiTt the neral
spracy secondly the facts to To- cfoudauts
ION with one-fyed Thamrsen ala tn.fdy m eH piana
~
These things they bad before he were on their sy -
the Court. they csl,J l1r 1sir production.
District Attorney I'VE only call f'r he doubgon dies
Mr. 0srk-If the District Attorney would admit that
these things sent by Thompson 20 NJ. Drugs
house the day before in order t they might ba found
tAae By the officers that would dis pcse with their pr,
duction II they were produced he Woul1 trace home
every 81 them % this pre- cutiQn. They had
scented to the testimony y Catherine Davenport a. gVen
Thompson's trial.
The District Attorney had said that he would admit
that the statement made ny Thompson vas also 70 be
read.
Mr. Clark could only admit 50 Ear a. related 70 bis
sending the parcel TO SIR. Drury's house.
The District Attorney-1hat Is certainly not fair to
introduce part Of statement ADD g of the residue,
The Court said the statement must II used Dc read
entire and il thoroughly well understood "a they
did not produce them that the District Attorney would
not rely matters found there evidence except
the douhoon dies and tbs - bill and disavowrd relying
On anything else.
Robert II Morris Esq was then called and sworn
He was counsellor at law; hs office was At 81 Wall
street. and he resided at the 4 Eighteenth street
and Fourth New York no had been Tor
aud half Recorder and for three yeSrs Mayor Of the
city Of New York and during that time A VI ..
saih had been police oieer in the city witness could
not say whether he had boon detailed 10 attend hi
when he Recorder, but he knew him veil he wit.
ness had been Of the counsel r Mr. DTury down -
the time when he acquitted the time ~ Drugs
arrest in November ls4s witness resided At Astoria At
his father n-la~s Mr. Moncssons heard q his arrest.
snd it in than one paper; lid not remember
Mr.. Waring-What do you want that for
Dir. Uark-Merely 10 nix 3 date.
Witness contnued-A short time previous 10 my
ing in the paper that Drury arrested came cut u
my ONCE Ct Wall street early in the morning. there
10 or after O'Clock; was walking the south side u
Wall street to so up William, aud just before came TO
Hanover street smith walking very rapidly
pidy that remarked IT, and said, 'wha. Is your hurry
this morning he said Il going 10 brooklyn TO ges
some counterfeit money put into man hanas-tar boys
have tried 1t and made olunder, and am Obliged y
attend to IL myself
The District Attorney objected to calling witness -
rebu another unless their attention had been called =
the precise point
particularly TO this point; no Mr.. had examined
Il IN himself, and he had sworn that he Mr.
Morris the day before the day before that FOR
month before; he then rierrod - his note. OF the
proceedings Of the I'd instant aid the Court wh the
passage found reported IN the UraA a. the tin'
Witness Therefore proceeIud-When smith made tbs
observation, they shook hands aud parted smith pass
ing down. and witness through William street 70 up
town; witness know Messrs Bawdoa. Wriaht \ Hatch
bank engravers in Wall street; II that side
Of the street he met smith their office, between
that and Hanover street it was below Tie Exchange but
close by it, the Exchange occupied MI one block all not
know the day bat IL shoF ly before he the
count in the papers; IL might have been the day x
the sre-the could nottey when he the account ia
the papers he remembered Il hr could speak pos.'
tvpiy to the very words for he walked along, Ar
thought over them. thinking that they might have
double meaning, bear two diderent constructions
Cross-cxamined by Mr. Waring Wa. first rr,.iaoI ~
Mr. Drry. time after his rst arcs but could at
specify the exact time thought Il Wa In Dec uher
lac le Astoria in December anu returned q New futk
city; DIR. prury wa a. that time IN prison ala
mention that conversation . any person (hc begg ps-
don he had told his wife until be IN css
todd Mr. Drury that he could remain FOR the Fca.on
which he assigned aud then he tod his c,un. al Jul In
had stated The words exactly he had thou ;t them
si the time. and since he considered thev
would bear this uleaning-tbst he c,uner;t u,suey
had been placed In 10, the hands u AT
brooklyn. and the police wanted 70 &c. possession
that the reason Why h remembered the expression
accurately had known smith great many wears De
with, had been Recorder years and hag P0s.-
master four years Mayor 1r three years and aw.
y~ for the last three yefrsidFins ID which time hc
o-what was liz general character