The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-11

son hs hsd socomPsishsA his purpose going down quite
The Court Would suggest, Tie case closed here n M
not where tho Court would absolutely direct jury
70 scquit; they must psss cpon H. and shoud proceed
bo and tS.y Would psdao ga 49, sa ss H. ss
black; but Mr. SANFORD opsesd tpsy had closed thsr
csse. ,5,ts - : = ~ * - ~ a 49, Z
Mr.. sanford opened for the defence On the 9th q
November the witness, Woodruff In possession Of
guilty knowledge there was no earthly doubt He was
therefore, rs deeply stepped IN crime In this particular
any could possibly be- The President Of the Bank
with the District Attorney, he dismissed without
their having the advantage of his confederation Of the
witness conduct the OCCASION and It evident that
he could help the prosecutions lame Witness After
Woodruff arrested, he remained casting about all
night to md whom ne could f.s,en sn upon 80 = .
ting his second offence-perjury He then fixes upon
gentleman who was roomDg with him; and BY laying
it out Of their power contradict hm The evidence Of
nm accomplish they knew, to be received with
great caution and the universal rule ana praotce was
sentaly unworthy of credit, it must be corobora-
ted Apart from this consideration the testimony was
unreliable simple narrative The whole process OF
obtaining Mr. LattiDgs signature was contradictcd BY
Mr.. Lating, showing that it would have been unneecs
sary for Mr. Rowe to do So but that Woodruff had not
The learned counsel then scrutinized and commented
upon Woodruf's testimony taking It from THE New
York HERALp and pointing out the discrepancies to
the time when he first the check and the absurdity,
If his tale true of Rowe appealing to his Judgment
to which the best executed forgery Mr.. Moss
mans evidence also went to that Rowc there
five ten minutes after o'clock, at which time Wood
ruff stated he was out in Broadway and he had seen him
which struck at the foundation Of the theory lie then
read from Powell, ZOE, The People Whipple" to
the effect that the confederation must DO in circum-
stance which directly tends Of itself to convict the do
PENDANTS and in this case there was nothing that looked
that way.
Mr. Mossman's statement to Rowe's allusion to
check related to for not paying small
and if it the forged check that he had sent to
the bank nc would certainly not have told of it.
Independently Of any legal question as to the admss
bliy Of the evidence they would remember that all the
Woodrurs evdenoe) and he confidently looked for an
acqutal this charge or there would be no safety for
any one.
Mr. Robert Browne called and examined-Ie was
doorman at the Eighth ward station house; the boy
Woodruff there in the commencement of November,
stad there till the latter end Of December; he
prisoner there; the night he brought there. he
learnt It was for forging note on he believed the Citi
zens Bank in the Bowery be might be mistaken it was
ticular instructions to keep him secure did not learn
there any other charge against him; during his
fnement there he used to talk to witness frequently
the subect pretty short time after he brought and
several times afterwards during his confinement he said
Capt Rowe did not write the check; he said that the
who did write 1T out Of their reach he had gone
to Boston, and out Of tho country; that Elmer
SON. did not know that Emerson was sometimes called
West; the statement that Rowe did not sign it made
after he Rowe) had been arrested; heard him say at
least dozen times or more.
Cross examined-Coud not recollect whether he said
anything about George Bowne he did say something
about Eare did not recoect that he told him that
Earle Rowe BOVINE and he had been concerned in fifteen
twenty forgeries that had written them,
and they had divided the money when he said Rowe did
not sign the check witness asked him who did and he
said that best known to HIMSELF it was the Chemical
Bank check he spoke Of
TO Mr.. sandford--It was the one upon which he was
arrested He never heard that there than
Alexander Bunker called, and examined by Mr. Brady
On the 9th of November he superintendent Of the
New Haven House; he came on the 4th; Woodruff
barkeeper and subject to witnesses orders he was not
to make any purchases for the house unless
he sent be not authorized on the 9th Of No
vember, to buy any bitters witness first them the
next morniDg he was not positive but he might have
them the evening they purchased but did not
think he saw them until after the arrest; that day
dinner served at the usual hour two o'clock; Mr.
Rowe there pretty much all the while about the bari
he dned at the usual hour there have no doubt for
reasons; the boy was gone We generally very busy
about dinner time, and Woodruff went out without my
knowledge; spoke to Captain Rowe and asked him
and asked me why then told him he was gone during
dinner hour, which he should not have done; was
foewhat angry that he was gone and as he was parcu
larry acquainted with him. to tell him he had better at
tend to his business leave that after dinner;
Rowe said he would speak to him. for understood he
had put him into the bar, and 1t supposed he had
ONE influence over him; some half hour afterwards
Woodruff come in; had been In the dining oil
with him but did not know Mr. TIden at that time and
thought he alone and began scoding the lad for
going out without my knowledge and leaving the he
aid 1T did not make much difference to him whether
he was there, or that he would have some dinner at
all events where he was Qaughter) then he went into
the dining room to his dinner. and in the meantime
called Rowe into the to him. and they both sat at
the table Woodruff eating his dinner and Rowe sitting
beside him; did not think Rowe eat anything; the first
knowledge had of any forgery being committed, was
Q-After the gentleman had refreshed himself what
III into ho 1ar ufo oA
there short Time and believe the officers took him
away at all events he went away the conversation with
Rowe in the hall, between the dining and the
bar; Woodruff and Rowe were both strangers to ut
that time; went on the 4h and this on the 9TH
Gross examined-I won't say ! saw. Rowe at the
after Wocdruhs return, did not go in at all; only
looked in to see first Rowe in the bar ROOM before
the boy came home; know Mr. Nossman; heard Of
the notes being drawn the day Of the arrest Of Wood
ruff; Rowc's board about IS week. there a
small amount due-some S25 know Of no efforts being
made to get It from him. made none; he occupied
room 41-the same room as Woodruff; there was only
bed; think there ink bottle taken from III
produced, but cannot say (The bottle produced was
q small, common one Of blue glass.)
still is, clerk to New York and New Haven Railroad
boarded at New Haven House; knew Captain Rowe;
knew Woodruff too Captain Rowe dned there that day
on his left, at the usual hour, 2oclock,
Cross-examined-Knew 1t was the day Of Woodrufs
arrest thought Rowe was there when be (ness) went
in, afew minutes after the bell rung; knew Mossman
Q.-Hcw came you to recollect Rowe dining next to
you in connection with Wcodrufrs arrest!
Al don't know I'm positive do recollect it spoke
to him.
TO the Court-There was no connection between them
he knew Of.
Croesexsmination continued-.Te had known Rowe
as an acquaintance for eleven months; didn't know
Qaughter); knew of Woodruff being good deal with
Rowe he (witness) was still clerk to the New Haven
Railroad.
Defendants counsel offered to show that Emerson
in prison in Septmber, 1851. and that Woodruff
the habit Of visiting him. and called officer Jackson but
the Court ruled 1t out, as rreevent)
Mr. Sydney Stewart Police Clerk and Justice elect,
called. Mr.. Sandford-To what point? Mr.. Blunt
prove that this the ink bottle taken from the
room, and the sediment is that of black ink Collection
taken that 1t re opening the Overrulcd and
the witness sworn Theink bottle produced was the
brought to the Office during the examination. Had tried
the sediment to day, and thought 1t was black.
Cross cxamncd-Captain Turnbull, or Of the off,
brought 1t to him
Captain Turnbull was called, but did not answer
The prisoners council proposed to submit the case
under the charge of the Court but Mr. Blunt wished