New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-18
Trial Of samuel Drury for subornation Of
Perjury.
ft-I'h.f Af ~ INV y I Aii"NF-
SECOND DAY.

NORTH UEMPsTEAD. Thursday Dec l. 1852
4 great want of punctuality seems to char
actcrzc the proceedings of the Court here Yesterday
morning O'Clock the hour appointed for the open
ing. Mr. Wheaton one of the counsel for the defense
did not arrive until after IL then it was represented
that Drugs Witnesses absent and the Court adj
journcd till 10 wait for them. When y arrived
of the Justice. Gbsen, and business delayed
again on that account. This morning another of the
Judges nearly hour behind the time, and when
he came two Jurors wanting
When they had all come Mr.. Larnberson the Dis
trct Attorney opened the the part othe people
and called the following Witnesses
john l. B0Jdsworn-Reside at Astoria; Justice Of the
Peace in the town Of Newtown: issued a warrant last
March sgaintt samuel and Charles Drury, upon conf
plaint Of Patrick Currbn.
The loss Of this warrant having been proved to IN
satisfaction Of the Court the witness proceeded to testify
n 10 it, contents as follows:
The Ccnsc charged in the warrant the larceny OF
awhile boar hog.
By Distyic, Anornsy-Wcrc the Defendants arrested
on that warrant and brought before your
Objected 10 by Mr. Wheaton, the ground that this
WIS material fact and not ayerred IN the inlet
mcnt Court ruled 1t admissible
Mr. Wheaton then objected on the ground that the
OF the Constable which the statute requires shall
be in writing, the best evidence Of the arrest
OverTuled.
The wHness proceeded:
lEtN were iOtl hTtttltu anu DlOh.iH Dtiplt lilE
Joel W Moore was sworn, on the Bible witness for
the defendants that examination administered the
oath.
TIs witness was going on 70 state from manuscript
record in his hand, what the te-tmony OF Moore was
when Mr. Wheaton objected on the ground that it
not signed by Moore and the Statute provides in such
case That the testimony shall be signed by the witness
Court ruled the evidence admissible
Mr. Wheaton objected further, on the ground that az
the proof stands, the Justice had Jurisdiction 10
administer the oath. Overruled.
Nr BOJd-The complainant, Patrick Curran, AMI a
number of witnesses On his part were sworn.
Gross E1aiHiHcd-I decided Tat there no larceny
ard discharged the prisoner Nj. Moore did not real
over the minutes OF his testimony there was an dourd
merN Of the criminal case a warrant FOR trOyer was T.
sued Ccriust Drufy heC the warrant fOr larceny |
knew he ves a freebooter 1T the time
By M Ukea,oH How long after tie first adjourn
meli WIS il before you Issued the second warrant -
keep business alive
The Dis,ries Attorney That remark is mpcr,iuent an
insulting. I'm willing the witness should be judged by
BIZ acts, hut not by the conclusions OF Counsel
By ne C0ir. The remark was reelection upon the
wines and uncsled Tor
Nr Boyd I haye called Il Mr. MoOrcs place since
Lie trial il WIS not ~ find q witnesa lyans M Dmry
Mr. Schafcr told me Mr. Moore wanted - me, did
not cay 70 M Moore that had understood tbs. Drury
had nst used HIM well until lie mentioned II himself
The witness also stated in reply to questions by the
Council many other things material - the issue
princiT oly deny inc that be made certain proposniJn
sud remarks 10 Mr.. Moore.
Ia Cii,C rc.greG-Mr Moore gave me to understand
tltt he lad reque. ted 10 see me.
S'ftleH 4. Haiscy, sworn. Reside AZ Astoria; sold
Patr1ck CurIan boar pig IN June or July, ISL next
raw he PIG my farm where Be was racd III Ocooe1
OF November q same year recognized nm tlefe u
sfme pig; saw him again within twoor three weeks sew
erul tInes other the road CT II tue farm next So"
him soon after the ezLninafil Of Moore az Astoria saw
hun Il CurLn's house recognized hin g. the same :
which had fod haven't seen him since; raised hiul
ross eyonirsd Very probable that on the exan1ina-
tn OF Moore may have sworn that did not think |
could recognize the pig; don't believe now that L
would be dt0ul, for me 70 recognize the pig whicn
cold 10 Curian some Of that gows pigs had long ahs
and sCme short tails swore before tae AasitraEe that
fhsy generally had very short tall; can't recoliect
whittier pu, in the word generally; pig al Curran
had "a long iUl-l mean a tsl Of usual length don :
rccolect that swOTe before the Nass'rhte tah TIE
rir thsf I .old 10 Currhn had a short tail i,had no
maxi that know o. T. had had tie breed oi noss
that Ills came Of about ten years wa- no: IN me
hAi of noticing my pigs particularly ~ one inoticed
more than usual nay have sworn that there were no
other pigs that | had, eKcep, the mother Of t1is'
that could recognize in Dive should recognize her
~ TIE head and tail snd 20 20 speak by TIE expression
q; III eve. think probably said before the Masrrate
Icould not recognize ills pig IN drove am near
In eIsefreuned: Think il more than probable that
.ad drove Of white hogs ! was able TO hienIiy me
rr from having ken. 50 long snd used 10 breed
iook mere notice o. him and was able to identity nun
from hs, circumstance; Thomas Kelly had charge OF
uy pig when this one was on my pace -.
Pc.rtck Cryran sySorn-Lye N Astoria oouShta Whte
hoe Of Nj Haley boar; latter end OF June last year
PIT him IN pen when first bought him naa MN from
irre nj sorre time in November was three Day IN
locking for hn in November. but could not aud nun
cot no account % him I'll the lst Of March; got him Ia
prurys zen ls' 4 March; took two more along Win
me when discovered the pig; DruTy was at home
sked him where he got that me breed OF pigs ne SAID
be bought them down town, out Of drove of ltue
runner: said the pig was bern IN Mfeh Drlry was az
rested Ii. % of March got the pig again from pruiy
and put him in my pen again; MI Hslsey stopper q
NV house End ssw him: il WAS the same pig; bad nn
a;,he Court House Q, the Oyer and Termneri ine Pig
wa. no, OF my premises after bought him un tIs in,
Ter Part Of Oc.eber except two days. when MI nelly
IsS ain, Tor Mr. Halsey; the 9th OF March went VILE
two constables; Drry would not LEI me on LIS prem
see received the pig from Mr.. Colwen me eonstaoe
and have had him in my possession SINCE Aue" VIC
/ Die AZ socn az saw him In Drury's pen
Observation-Disclosures 10 this county no'n III
( lard Is or 10 years ago.
o.sss;o. By Mr. WIssfss-ls this pig hog or pori
| powf -, - c;-,