The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-04
The Orury Case,
HKOOhL1N
Before Hon Judge Greenwood, and Aldermen eech and

Before Hon Judge Greenwood, and Aldermen Leech and
Lefierts
| SArrrDAr MAY 3.-Mr Clark. at the opening Of the
Court this morning for word Of explanation lie
had received a communication from James NJ smith
stating that ne feels aggreved by publication in Of
the New ork papers 70 the effect that he not
putabie man No such assertion was made BY the de-
fence The remark which rise to the publication
this I'VE have objection that any respectable
counsellor Of this city Of Brooklyn, elsewhere mot in
the private interest Of the parties concerned in getting
up this prosecution) should TO its add No reec-
| tion upon Mr. smith intended
The Court said they so understood It. and that the
mistake arose from the Of the reporter
! and the sccidental interpolation OF the conjunction
| and The name Of the paper alluded TO did not
Er-Gs,ernor Fish the first witness called WAS
Governor II the State ~ New York; applied TO Ia
that year TO dirct Law officer Of the state TO taxa the
conduct o the charse he torpedo charge) against Mr.
| Drury. Objected to-
Dir Ciark ssid 1t material link In the chain Of
| circumstances.
Witness continued The letter produced WIS tho
original communications the date was the 18th October
ls3D; he addressed letter produced, 60 the Attorney
General; he applied in 1919 after the explosion
Warners house % offer STATE reward the discovery
OF the persoa Who sent the box; addressed letter in
consequence to hr Wotihu tho Mayor Of the city and
I received on" ia relqy.
slr Ciark-liaye you any objection to produce that
reply?
did not think necessary but he (tiorernor FISH would
cxerrse hi own Judgment, AMI then went 10 state
Mr. Clark would no, ask him to read it. unless they
| had Mr. Woo,ihulls consent Mr.. w would be In ut
4
of the letter he requested Governor Fish to leave the
original in III" hands OF the This done, and
Ia" letter scaled handed TO the court to await
| MIR Woedhull's coming
The witness did not offer any proclamation he did
receive any information that led him think ought
| to offer any reward under the impression he
applied to ty Thompson the actual application
in writing.
Fir. woodruff. not having arrived. the Defendants
counsel would 20 into another part Of the
| ;, Mf; eoodman was then callea-He was lawyer in
Ne" YORK; remembered the arrest Of Mr. Drury; he
employed by him on the 18th # November the 10th
he was employed on his behalf BY ths family and in
seluensc Of what ne learnt from them went next day
to the 1en1s, and iI.t made application to A. Nj. 9.
smith whom he met thc steps and told him hc under
stood that he arrested and he must know something
about it, smith deniei knowing anything about it. and
a:tcra considerable time ~nes, found Mr. Drury in the
1 Emsle part Of the prison
To The Court--By considerable time he meant about
| half sn hour.
MIR. James Brady wss with him when witness
went in and efwitness) Immediately afterwards applied
TO and employed Mr. A. r. Clark attended the examine
'ion of Mr.. D1my ON the torpedo aud counterfeting
/ charge
o.-Dii Mr. Drury ever say the bills were good bills,
Objected 70 and amended
Ale rrccllccted some alteration between Mr. Dru-
~ and Mr.. lcxo~. about Mr. Iexow charging him with
heIobbery of thee bi and :hen there obscrya-
ton oi this kud lie regretted that those bills had
betn seen bccause hpy might have been good" lid not
rccoicc MIR. Lerows answer; h. thought Mr. Clark
there but did not remember whether hr Rapelyea
/ the time Mr. CLARK there alone. of TN,
counsel made motion to auash the Indictment The pa
rcrs produced were the original they could
gt copies c he ndict ut t. annex to those paper.
the subject matter Of the description of the bills
question arising TINT motion; he did copy Of
indct men ami rsid five dollars fr H. remembered the
examination cf Jenkins TO the charge the counter
fc bills; he stated he had seized him BY the hand the
| thumb; thought he .ei,ed him by the hand and
forced open. his hand forced Open and hr said
that Whit he eNpeccd Ia find had said trial.
he'd perfect rcolltc that he .ad his hand aud had
no rchrcnee 10 any other part Of his person:
thought thst n, said that the trial, aud ON the
| eSaminslion had said his thumb rrm,iaberci
particularly a. y material part of the theory Of
their defence and he could not be- mistaken about II;
'" NJ nu on tn sunday following the arres, to Astoria
with Mr. Giant; remembered the building called the
Office in tn Of Mr. Drury- house 1t like all
other outbui3ings at country places and filled with
/ lumber, there was barrel there, and hay lying
near II the hoor took the head Of he barrel (which
here produced aud identified ny The wiiness be
thought il siTizsb'c, might lead t. discovery,
particular directions that the place might he left IN
The state; remembered looking through the window
into the backgrounds there was curtain obstruc
tion TO Il; had recollection Of hearing that time
about the h'e dcirr b snd could not say when he rst
heard oft.
or,-,rxamn~i-IIe resided in Long i.l.ni about TX
mi!o. ftom Mr. prury: counsellor for him shortly
bforc i-ta. si In various rril matters: hal
mad the :ti,nnn, ~ N iam o. Jcukin, on hi. trial
and hoard - y from Mr. Clark and others.
El-rSf lin diisyc you cornmrncci a suit f,r rc.pass
egsnst The rnriir' for sering nr Drurys property on
The Cont sali the evidence already in.
Mr Clsfk-wr want 80 show the specific claim a,i
that hpzc vcrns had. by procrtding not far short II
ftb-ry. large II valuable property aai
~,rersw ,liediuk henseives from the eon.clucnces
Mr. Whiting ~a;d they bad seiSrd about Sioou0 worth
prcpttty aud iaJ Therefore something morc thsu The
sils q .u,.gg ,e attain.
Tie cou.t thought toe evidence pertinent showing
/ h.i".,nS q ~ W''nts.es
IN" is'h Antfr7- 'wisn Nss cthrd-ue Wa ~
tornty O. uersi in >ia rrccvcd rrlu,,t from the Go-
'th' - 49, t4'' - "" V'Se Vt IT D1u! =" w
.fltu' "ctt. '"' 'rlnsrt vac "et' pr.u"''
s'e s 49, 80 ~ ot'","' i,'sl n"r 'W'u up,n ~
MF N hH, ~. h't' h'' heNhpug" a. " " ThItn' Nh'
i"'st - 70 N'sht MP caiha up"" nun aooul pr'-
s"'"'reW" c'-r
/ Sr Wtsirs eiI cct.i ast Smith having csli on the
htsT.. ssi IN Ai, capacity such. the converse
ton sbouid net ~ gwen IN proof Wac not sir smith
Gn Cfe'r' Mr.. > rdsp DID nst prove ths hs scla
ray IN onitr, "a isd thr reputation u bcns en.,cd
\ ~ catching Par,ou- fttu.sd
1 Ar CaFk satiNo sthie secret could interfere With
IT, etcitng "a truth, psr,ru,rly ~ cate between tho
state ard ~ Individual snd p9licc otccr- not
llNastI-th,y led no sothority until they %, th6ir
vttpEt- AaJ tAas laJ Mt got up this case
tsttUr The cssl ai the time The spldoaton
ubd. o. ~, 9Th - October AMI they had not g"t the
! tcffe+ D. Il uutA tlse iNA a. November.