The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-26


Q.-Do you know Mr.. Drury,
Al only know HIM by sight
Q.-ro whom was Mr. Drury' conversation addressed!
A.-To you (sr. Clark
Q.-What right had you to be paying attention to
what passing between Mr. Drury and his counsel
AThe conversation was so loud that could not but
hear it.
Q.-who else were present,
A-No one was present but you, Drury and young
Drury; MIR. Goodman not win swear; il Mr. Rapallo
had been there it must have been before.
Q.-Wcre they then in custody!
Q-No officer in the room,
A.-There might have been.
Q.-It was addressed to me as counsel,
A.-No, won't say that 1t not TO you particu-
larly and there something said about me.
Q.-Who did,
A.-You did
Q.-The particular words were addressed to me. How
was Mr. Drury standing!
A-with his face to me.
Q.-IIad Mr.. Drury's examination taken place!
don't mean the examination Of witnesses!
Mr.. Clark--The defendants statutory examination
had not taken place and so the case was not finished
Witness-The countcrfeting charge WAS not touched,
except by you in putting questions.
Y. Who had been examined
AIR. johnson.
Q.-who Is Mr. johnson!
A. A clerk in the Office Of the Police Ca<,tte.
o-Did he not TESTIFY to the conversation Of young
Drury. Mt the window!
A-fes.
Q.--who else,
there but not then don't know Of any body else
The argument had been concluded and the counterfeit
ing charge had not been gone into.
Q-Wcrc not the examinations connected!
Al don't know.
MIR Clark expaincd-Pcrhaps M witness was mis-
taken The two charges were connected that only
had the one summing up on them. On the counterfeit
ing charge jenkins had been examined, partly the
day IL he supposed suspended tor fifteen
twenty minutes. for the attendance Of witness
lie believed they wanted A. g. smith, and he could
not be found IL was adjourned lie counsel con-
To witness-wcre you listening, in order to be cx
amincd!
Mr Clark believe the circumstances of this case
sufficiently developed. and from the circumstance
that he reporter o the Io Gr-ee, we call upon the
court to exclude this evidence They at the time
under the most sacred protection Of the law. by the
law Of England. which has been adopted here, evil
d. shall lie given of anything that transpres before
the magistrate. except what l. reduced into writing
This conversation was addressed to person who ap
pcar,d as his counsel and who was forbid to testify
would not IL inclined 10 do be permitted to tcsiy
Ia that conversation; and ask In all canior aud sin
c,rity, whether the listener, who might, might not
have heard the whole ahal be permitted to dyugc the
privileged conferences ~ COUNSEL The danger that
would result u imminent and paramount IL is the easiest
thing to fabrcae evidence. Statements made by
against himself must he received with the greatest
tOn. find great deal written about this point. and
Lord Tenieiden rays that the law has two obcctsthe
execution o public justice and the protection a private
innocence; and the rrcacst be- obcr, cd
Que APPEARED to tr, ach upon the other The learned
couus, then referred reenleas Treatise under the
lead Il Admissions. and eoutnued-In the admnistra-
tun d criminal law principles never 10 b. Lost
spht of There was. irst the danger q receiving al
ought 60 be In writing The statute, which has bOen de-
rived here from England was, ip the rvgu II Phillip AMI
Mary. introduced by benign mercy Go accused,
aud made his communications with counsel privileged
We're 10 lie catd upon the stand t. totdy your honor
must exclude me. ana shoud bc rrcrtant 10 my honor
And ~ ] cannot be admitted another person. aud
tat ptfson party Ia the interest tf the prosecution
Mr. Whiting briefly followed Confession. to b. al
nissh'c, NUT he voluntary, but When IL extracted
~ any M ans. II was not This communication
sddr "a counsel and he submitted V under III
the circunfanccs, matter which should be- excluded
fom the evidence upon principles AZ great public policy.
The Cour--lt will h. necessary 70 inquire whether u
was In the nature cf communication 10 counsel or
mcc general remark, not made by way q instruetng
counsel
The District Attorney suggested that Mr. Lexow
should write down that the Court might pass upon
the nature ~ the communication
The Court said. all admissions obtained by threats
pr misses. were inadmssihc in evidence and anything
communicated between counsel aad client was pryi-
egsd There was nothing new IN that But there was
~ reasou why statement which he plcascs O. make
not In the way a communication to counsel but called
forth ~ t,mc cling should not b. evidence
MIR whiting had not seen the evidence lie proposed
to call Ar Clark. To- show that nothing cunlmuni-
cat,d ,xc ~ IN the way Of Instructions to counsel.
1hc Court had considered this was not 80 under the
Mr. Whiting felt constrained TO call Mr. Clark on 10
The stand anu requested the paper should be handed t.
Counsel for the prosecution objected to Mr. Clark be-
ing called nov Objection oyerrulcd, and
Mr. Clark. swCrn.-Was counsel for Mr. Drury when
y. W"s charged ~ the police office was originally eni.
poytd ly Mr. Goodman Mr. Drury's attorney aud had
cththudS 10 act as his cOuns, attended during
the whole a his examination At the police office Mr.
exow was very generally present, from the commence
ment, lthcy occupied month. several wccks re-
porter for the Poce Gazette there generally half
dozen reporters there the matter exccda good deal ~
interest rccocctcd the occasion 10 which Mr. Lexow
referred in his written memorandum; the be-
cause he had since spoken ~ IL with Mr. Lexov the
cony yrsation was addressed TO him, II the Court pleased
towhch MIR. Lcsow referred Mr. Drury was la prison
AZ the time in custody, and their consultations were al
ways htid IN the intervals ~ examination; the question
occurred during the momentery suspense II testimony =,
ecnd Tor witness; Mr Lexow IL mistaken there was but
one summing up the merits of both mixed
up together that summed them up st the time
The conversation took place in the small room next west
be was only there "a counsel knew Mr. Drury un
! I'll he was charged AZ his counsel
4 Q.-Nss the communication TO which Mr. Lcxow
| fcrs, made counself
\ objected TO- a. being conclusive
4 WAS any communication made to you Ivy Nr.
Tury ~ any tine, in any capacity relation, other
| than that ~ counsel and client
/ Objected TO.
| Mr Whiting-Your honor thinks that y question
for the Court we think Il question Tor the attorney
4 aud sounsd