The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-25
Police ImtealiScra CO.
Before Justfce Sts Uar%

TiCE JOHN BoYD-TEsTMOHY OF Ms. DRukr
AND HIS SON.
according to appointment .C0unsei Sor the desaoe pre-
viouh to ooeedDg to business made with
regard to the report Of ths on tho last
advising Mr. Stevens not 70 produce tho required sapsr
(hs draft bill Of particularly whereas be had declined
would himself corrupt in prison before be would deliver
II mp" After An interval or TINA and in c9ayersa
ton with tho magistrate. 5lla1f1 el63rt8 al
Justice Stewart conceded tha. he lad declined to give
any sdyice but raid he had control nyhcs but
what occurred in his presence the sent,snsn mis
representsd no had his remedy. Counsel having oou-
ciuded his speech on this subject tie proceeded
with. s9#7 1 YaI lst 70 gei -b11F N
draft. II -
Mr.. A. G. Stevens replied that his client the defend
ant had not waved bis privilege, and he must decline
to produce the paper. He hAd taken counsel on ths
point AID was advised that he not sopelisbls to
produce it, 9sY - 49,
Counsel for the prosecution asked for an order 10 show
Cause Why he should not be committed. -t5lT 80
Mr. Stevens Did mot know whether the court vSs aware
THAT that draft 1t had affidavit TO it, II was NOT
an original pleadir but uduu Of nstruc-
tons given to him BY his Client reduced to writing
Suppose had made stste&snts to his attorney n
Of muId that would send him to the the
court could never compel him to produce that He
and Judge Kent on the subject, and hoye ecncurred
that he soud not be called upon to produce this paper
thought ". at fifty times further. '.If az
Irotecution did rot think that any lawyer that won
it csms within the rule. II Mr. Cutting would hear al
argument, he would as soon hare his opinion as any
ore's. ~
Justice Stewart with every respect for Mr. Cutt;n1
was Lot relying on his opinion much the ausho
rites Of the decisions Of the courts Of state
Prose cufien said there doubt about the law;
the only question as, shsthsr this within the rule
as confidential communication between attorney and
client Here was Communication made sor the purpose
Of enabling him to draw paper to b put on record In
court of justice and used In the open manner po-
she and was In its nature as entirely distinct from
0INr he
The paper had been published as 1t admitted and
party could swear to pleading, and then having used
be 10 advantage gansd by reqursg them to b. verified
one could ever be punished or perjury.
sense and equsble view Of tns question and tho ons
most conducive TO public justice but be fee TO say
having examined the authorities, hs found the general
principle TO be in favor of this onidence however much
tjutice II might work in particular instances The Law
ested all communications not made In the presence of
third parties Is confidential He thea referred to SOME
cases on the subject, particularly TAnnahis rspor ted
in 1st Hi.
Counsel for prosecution would ask whether thev could
fiji any where attorney had teen hsd to be
obliged 10 produce q plesdiDg that in his hands
WREN 1t became Eecessary TO that pleading the
tendsd this was not pleading.
Justice Stewart know Of no such case. II was vsry
eeri0us question, for counsel observed no
could be assigned and crime might in such case be
committed with mpuni.y; but the whole case he did
not think he could compel Mr. Stevens to produes this
the prosecution then proceeded to call Mr.. Drury.
counsel tho defence wished to know
going to try-lhat is, whether they relying the
original complaint
Prosecution would. for the preaent examine generally
o. 10 both bills Of particulars.
Aoy evidence as to the hrst bill WAS objected to
oy defendant. counsel unless the charge the second
Prosecuticn- has been admitted in evdenoe ard am
going to show that itsfslse have not abandoned
anything We propose to show that the arst item the
tbs years 1916. al rs and 10 p''A' w '"'eS '0f
Justice Stewart aer some further argument decided
fake, though sworn different days.
TESTIMONY OF MR.. DsURY.
:, M samus. hury vas them sworn In lsi where
10, in the county Of Queens On Long Island
cd to liys there III January, 1863 during that s was
ssfssisd 70 pay taxes Ia the town q Nevovn county OF
ealesae assessed personal else where.
ct OncLdssa; but not In 1s45 In that year
ls45 by the receipt the produced is the receipt for
the fates In 1896 the amount is 13 49, paper put In
evidence and marked No ID John l. BOYD acted ss col
ecor for that town that year; know the handwriting OF
John L. Boy have seen him w,te hs signature to that
receipt is In his handwriting; ! paid him the amount
don't eoollect whether any present ct the tne
paid hia that was represented 70 me to be the fol-
;s1ss By NJ When he %ss a
Chemical Bank for SAC s. dated 18th Of January Isl
payable to John L. Boyd, or order prciuced3 gavs to
taxes Se snasue on ss back Of It Z IN The hand
writing Of John l. Bc,d the check returned TO him
CtuCe4Seu; tch4cA marked the
rg Up Is in my handwriting II was good At the bank
when J. gave IT.. ownod In 1876, twenty.foar
OF Land; that is al ] ovned Ia that town, or
On Long Islsnd; IN 1sd6, did rot inow Of
bcrg taxed for any other In tina. cor chat
year; there vas school tar; do not rscolect tbs
amount Of that there separate eolsctos MfHyd,
collector OF that town informed Dr. never de-
manccd OF any other tsxss than those then paid
him he never suggested 20 me that indebted TO
him Tor sny .ases That ~ had paid any for ne sntl
after Mr. hickman sued bin in the Superior Court in
the spt IN which this bin o. particulars vas rrsde about
July 1857 rst heard 1t by ths answer ne pct IN that
Ia ccisy La heard Of short ti.s pseyious
Horace llaYA told me Mr. BOYD had told him ne had
psd my taxes for four years that ass the lu was
commsnoed nr. Boyd himself svcr sad aaythiog about
III On tho contrary few days before the suit was com
meEced re osersd me four lots Of ground hs hsd on
broadway at Astoria. which he said w0vth $50
lot there was mortgage on thu forr hs aat for $500
ard he offered them to me in payment n the roe tibet
kucAIcan had sued Ne msde 10 cistu Nhssver then
to having an osat against tbs aote; gate him he
check the dsy II bears late drew L whs ths-c
hsndtd Il "a him. aoi toad taet sscsipt Receip Tor
ls4i pscducso. sod lxrsej Al tbs vriury 10 thst
tcsPt e In tie .rtiug q Nj Boyd iuciaSiss tns So
rntcra gave the money 10 ny 5srBei To pay the
taxes ~ Mr. Bort sxd told Am to tx1g sks rocsip WHO