New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-22


Quoted by Blunt Esq, District Attorney in connect
ing 18th JAMES X. Whiting and Ogden Hoffnan E-q
Among other Perous summoned before the Recorder TO
give evidence was Mr. Taylor
The counsel for the prosecution proceeded 70 inter- gaze
him IS 70 bis knowledge Of the transactions complain =
Among other inquiries addressed the witness
requiring the witness TO state what hal pissed
bes the witness and another party the object bs0g
show The witness by the agency Of another bad made
some improper arrangement sith 81 the Alder
for the purpose Of securing the acquisition
# large amount 81 real by the City
+. W. soughton, Esq, counsel for Mr. Taylor. ADVISED
him not to answer any question tending. direoty or ad
recy 10 establish that be. Taylor had brbed ID Of
FIRED to bribe either If the Aldermen Mr. S,oughton
tended that aithe Common Law that the giving orng
TO give brbe crime Ia the party giving offering
Il, as well AZ in the party receiving IT,
That this WAS general principle Of the common law
and that a. It was crime to give to otter the par
~ giving or oferrg protected by the comm "a law
from being compelled to answer any question whseYer
tending 10 establish that fact
That should II BE- held no oh4nse 10 offer bribs per
might with mpuDy proceed and make such oders %
public oficer one after another until ne I'd found one
capable of being corrupted Attempts ike this would Dc
constantly made unless ths party should know that n
failed in the sttemtt he would b. liable 10 indictment AMI
punshmen the complaint Of the persons whom he thus
lie counsel enforced this view Of the various lus,ra
On the part of the Di-tric AT rney il contend
cd on the other hanG, that although crime At the
common law in who should brbe or at:snp; 10
bnbe judcsl officer yet tia; the crime Of bribery
applicable only to TINS class OF onenses with perhaps one
or two exceptions.
But that at common law the attempt brbs municipal
officer in respect to his corpote powers was NOT me-
and that therefore witness could not b. subject t. pun
ishment fl such Ofense The common law did not
cuse bin from answering this inquiry The Recorder, in
consc ersti Of the port2nee Of this question has b.
I'd great attention upon H. and It un1rs I'd that h
has decided the full extent Of the proposition c1nnded
fer by Nr SoughtoD holding th't the reason winch
made bribery crime IN the Of any Judicial oissr Is
fully applicable to any other public otcs ani be h-rs
fore held that Mr. Taylor exempt from answering the
inquiries propounded to HIM
and finally d. cded by the Recorder ia one OF paramount
importance and cannot fail wnen made known TO prevent
the commission Of the onense Of bribery or any attempt
Mr. Tayor expressed himself entirely willing to
the questions proposed, provided the view conendod Tor
by bis counsel should Lot be sustained
THE CHARGE AGAINST BARSUM-As we Published on
Frd.ylast the affidavit Lewis Leonor charging arnum
with threatening to whip him, &C. publish ali
dsvit from Barnum hims. 10 reply hat charge. II would
seem that this question ike most others has two d@' to il
PHiNEAs BsRSUN, proprietor Of the American Muse
UNI New York being duly saysIhtt the s iavit
made by Lewis Lsonori at the Police ON IN sad Ci;y
on 1hursdsy the 10th inst and published 10 the morning
papers Of tie 18th inst, is maicousy, wicksdly and ride
ulOu-ly false in nearly every particular aud especially IN
the statement that depOnent threatened whip or
Lick the ssd Leonon that deponsnt never called said
Leonor "thi,t" 90 villain or sounded hlwev-r
much be might have thought him entitled 10 said appela
toIs ttat dePonent never called himself 4" rich man.
or said that If he not rich mans he would wh the
said Donor and that d-Ponent did not forbid said Leo
from publishing account OF what had then just
irauspr.d but the contrary thai depOn-nt requested
that LeoDOn should make sad publication; dep,nent
is fully sinced that LeonOrs aia II made solely
for the pu pose OF bringing himself into notice advertising
hs busess and pairing INTO Rotorvty an OBJ cure pamphlet
Of which he is the printer.
The plain facts III this as follows: Leon,ri
prints occasionally smail pamphlet which he terms
g Bank Note List, in March last said L-onor placed in
lis columns the of bank Cinnectcut ia which the
deponeuts stockbder and cautioned the public against
receiving the notes Of said bank; copy of the phet
was warded 10 the sad bank by Ill although the bank
haO 0rocfed or subscribed tor said pamphlet the
bsnk IN question Is aud has been sound any
Nes IL gland els@v here, evident
and The drpon NJ that object of the said LsOaDr
IL thus macous1y libeug SAID institution. and prob.
ably sending copy Of the pamphlet 70 the bank,
was obtain black mall or, ia other words TO
induce the officers 10 pay him cert Ip Of money -
a condition Of bs disconuuung the hbrL Sad Leonori IN
bis pamphlet dated Jure H. selected for attack thrs-
Banks Of the fry four which are ~ good Standing IN
the State of Connecticut, among which Oh h- one
in hch the deponent is stakeholder and % wheh nk
a COPY of said pamphlet forwarded Oy mat, by san
Ieoiiri IS depouent b.li-ves In this pamphlet said
Ieouori cautone0 tue publ. against RECEIVE the bills OF
these banks although The Back alluded To, n sh Dr.
ponet j. stakeholder justly tsnds As gh any Bank
in New England, being Legitimate htnAng institution,
foUnotd pre- c-ey the basis A. ny oler banks ia
the State al Connecticut Every lar Of tls capital
(S.lGoO0l OF this Bank ca'y paid Ia Is stock no"
stands al from no fo ~ per cent above and pa,
stood below par Sad stock Oaued by sev-r. nildfed
INDIVIDUALS This bank tss never LOT Ole Hundred
Dolais by bad 0tbts, oherSie, sin-e IFS ronm
mont 1fe Chartered the Bank, and tn lfWs Il the ,tr.
f0eut, guard The interests # the bnl holders bg c,a
fung the c.rculaton within rel-nnat- boaud cOmp-iIg
the bank 10 have certain amount oi specie agaj 10 IT,
vaul IT'S books always open 20 the in.pscuon of B uk
Commissioners appointed by the Legislature prohibiting
aIN Dir, otor the Bauk from borro sing Ot u
ceeoiug $1,000 and foI md ling he Director, 10 loan
ten p,r at liz tr 10 any dual sm, company
or institution &c IL fac, shade Of susycpn
been cart upon said Bsnk within iA- kuI glrdgr OF de-
pop,ut 1spt by ssd Le"nor sut IN thus singing
this particular M, tturOn from MS others iu the
G. mmoneeefh standing precisely tn- sam bi,s the
snic Ltonor this de for the foregoing
firmly believes, actuat,d 10y improper and u9Iu'uitble
motives.
In lbs Of affairs deponent went 20 Walst on Thur,
dan last quire of several bankers aud fr ,h.
sodres q LeoDor hut dl o. mud person Fhp
had eN esrd of said hs psnphet term Dv
him Bank Note List By dint OF p.r,ey,r.u,- DO -
ever ard by the aid If Directory the depouen' traced
said Leonc 10 garrett or lott IN Deysf where dis
covered three moi, duals LrJ11r his brother aud
boy. Deponeut asked which gas Leonln ani W.. point
person he prOvef 20 be sfre gner, aud an 80
COZ versaiuu ,ced that however little knes Of oar
lantuage he knew much less 81 country aud esDsc g
It's Ban King Institutions Dtppncut asked Ls1uDri rhv
orI r IeC. b. he opposed 70 nh Na-ry Funi
Banks thus bcraying his nor1nce and inc t0lc.-y 10
publ Bank Note List there neither i, nor ever
SAFETY Fun0 Back IN the State Of Connecticut
DepoDei then stated 10 Leon RI that he ll-onor svi
IDENTIFY wished 90 Get black mall II the Bauk Bat
could not succ ed in doing Leonon th-n called on his
brother and the boy 10 take moi that Opponent had
charged bin with evident desire 10 levy black mall
10 which deponebt replied that he houG lack proof oa
that point for be would place in writing whereup0a d.
poneIt wrote out what he had stated r. s0n black
mail and handed it TO LeenOri D-ponent told Lee
that he ought TO be indicted for libel aud rba he De
served good whipping LeonOn begged that dep ,nent
would whip him, which be distinctly and repeatedly re-
10 have depODs whip him. evidently for the sake of tn.
damages be hoped he might depnnent replied thar
be wOulc not do except the condition that LeOuo
should gree hot to prosecute him. 10 which dep,nsni
Nar lee IN