The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-13

MISSING AFFIDAVIT.
charged the complaint Of Mr. Samuel Drury with per-
jury the examination resumed at the hour appoint
Mr. J. p Girsud Foster was the nrst witness called
and the 6rst bill In tho civil suit already described was
produced the further one on which the complaint was
founded, being, viii be remembered mislad pur
Joined from the Office of the defendants attorneys
Counsel for defence objected to this and
plant urged. until original complaint
to- and they should be compelled to exhaust their test
"Sny ss 20 inc further O Ala or % sns M.
complaint bat would rely ON BOTH the original bill
only, II they failed 70 bring the other to lgot They
complaint sworn by Mr.. Dfury
Justice Stuart conceded 70 this view, and the witness
He was in August 1852 at the date of the paper pro
duced Acug Commissioner Of Deeds In the city Of Ne.
York the jurat signed by him. and he never sgned
without administering the oath; he believed he had
administered it In this case but he could not identify
Mr. Boyd the who swore it. 1t was sworn in this
city
Mr.. Albert GaIatin Stevens was then called again to
the stand He admitted that hs had paper purp rting
to be draft OF the further bill Of particulars, out he
the defendant and claimed that it privileged com
muDicatop, which the Law held sacrad la support OF
his views, he cited csss from Ill Hill and 81 vol OF
aGraham's Practice touching the duties, &s VI attor
neys The law in al the American courts the
the English, and communications reduced to writ
ing were equally privileged and the attorney was
only lhonzed bat bound TO withhold thsm
Justice Stuart doubted whe ther the aw applicable
to the circumstances Of this whether hs could
withhold it.
Mr. Stevens did not suppose tia. they or any one would
charge him with participating IN the larceny; Of
course he would decline ans Serng as he would be crim
naing himself.
Jus ice Stuart thought tho communication had been
public by the vi ness in the courts Of Lag.
Prosecution commended dio emit case altogether.
1t of paper which had been lost after having
been In public They had sworn that it was used
before the referee.
Mr.. Stevens replied that it was not public and the
question had and in ternea 0ns which
ought not TO he inquired into.
Justice Stuart thought the only was whether
it was reliable paper at al, which they could ask to
rely upon In such serious case
Prosecution had some views he wished to suggest to
the Court. They had entered complaint against Mr..
smOOdisd as they said in what was termed the further
bill Of particulars He alleged he had counter claim.
It appeared that they MssTs. Stevens CAmpbsll)
had been employed to draw for Mr. Boyd that
paper which purported to give the items Of
this claim; copy had besn made by Of then, and
delivered to the plaintiffs under an order Of Of the
judges Of the Superior Court. After having made the
draft says Mr.. Campbell, he handed it to one; he
did recoect whom. After 1t wss copied he saw
paper in his Off aiming the signature Of Mr. Boyd
with the signature of Mr.. Joseph Strong, Commission
er Of Deeds that they said the original bill of par
tculars il existed in their Office and continued there
til after the case disposed Of they had shown in
their possess ard produced copy which the witness
have been true copy OF the original bill Of PARTICULARS
though be hesitated in using the word original that
copy, ne stated he served on them and took it himself
copy which he to have made true copy OF the
bill which had disappeared; On the back certi6
forth the signature If Mr.. Boyd and the jurat, by
Mr.. Strong, IS Commissioner. II they served this
S the p ,ss
They wanted to that Mr. Boyd had paper
Of which that copy; and there way of doing
there any doubt that that contained the Of
swcre? They had proved by two witnesses they
wes @ and that hs ons
each agreed with the draft according 70 the mathemat
thing equal to another !" He contended It
impossible exclude this from the publi it not
q conden tial communities ZION In the conduct of suit.
counsel argued that to prove the contents
of that to invade the confidence which the pro
teced
Justice Stuart thought the law did no. apply Did he
swear to tain state Of facts and they used
the tIiaif He was disposed to admit anything that
PENDANTS urged they could not extract forged
psper and Gated authority Prosecution agreed
confidential Communications but this made for the
pupoAe Of beng divulaed and il they could compel
them to produce the could they not make them
prove the contents if it was lost
Justice stuart thought they could have extracted the
original and could compel them to show that paper
Mr.. SteveDB here asked c0unsels advice, saying he
would rather submit an attachment An deliver that
paper. Bis reputation ct stake. Suppose it went
out to the world that he had made public stats nsnt
Counsel observed he would sooner remain in prison than
Prosecution said If it rule 1t was only for the
clients protection and the attorney ghr waive it BY
sent Defendants council would not advise him 10
consent.
stevens asked for opportunity to take further ad-
vice from experienced counsel and Justice Stuart ult
ma'ely made order that the paper, (the draft be
Produced but would net oader any attachment till next
meeting, that Mr.. s. might have the opportunity be
sought for of obtsDing to his duty the pub
lie as well IS bis clients He should then certainly order
one II it v as not produced
Adjourned By consent OF oil parties, till Tuesday the
2ad inst at IL A. NJ
ARREST or A NOTORIOUS THIEF CHARGED WITH
sHoPLIFTING AND HOTEL RoBBERIEs-RECovERY
OF LARGE AMOUNT OF THE PROPERTY, FOR
WHICH OWNERS ARE WANTED.
On THURSDAY evening officer Ksee, one Of the chiefs
aids arrested genteel looking German, calling himself
LOUIS Perik alias Brown alias Bore, whom the officer
found putting up at the Irving House oc ,upying
No. AZ, where Nc na1 been during the last few days.
Mr. Burroughs, proprietor Of the hotel suspected the
character Of tie prisoner from certain curious
t. he had noticed within the last two days and
cordipsly for the aid OF the police officer absve
meniohed Tho officer came and took the accused into
custody. and conveyed him to the Chiefs Office when
just the tered the the risoner endeavof
to throw something away from his person. this attracts
the attention OF the officer who picked up the articles
thus thrown down, and found 1t to be roll Of pawn
tickets showing exhibit of valuable pieces of black
silks, silk snaeis, mother of pearl opera glass; ladies'
ages of white gloves two Of Colts revolver pistols
two gold watches and divers other articles too hume.
rous to mention The whole Of the property has been
obtained from the pawn shops and is at the Office
OF the Chief OF Police awaiting owners to whom the pro-
perty will be exhibited on application.
The prisoner, vhep brought to the Chiefs Office.
recognized old offender not having been but about
three months discharged from the Penteatisry ack
wells Isas d. @here he has served out a term of ak
nor tbs i'm pfisonment Indictment for ttealiug
box Of sepais from board of the Boston steam
bosts, Immediately prior to her leaving the cock.
During he dsy. one Of the pistols iden ned by
bosrder at the Irving House, from whose 1t been
stolen the day before One OF the gold was also
recognized by tbs firm Of Bal Tompkns g. Black jewel.
lere Broadway from ubom had been stolen
Of the art Giles sle no doubt 1to.n but whether they
ell be denthed by the owners is another question. The
pecea Of black silk appear to have been stolen from
whoee sle stores
In this matter allowing there only be made out
against the prisoner of petit lsrceny his former
conviction viii be brought up against him and indct
meht found for second offence which will be of
sending BIN 70 the State prison at Sing Sing and thus
Riding the community Of protested thief at leas. for
several years..
Personal Intelligence.
Amoog the distinguished arrivals at the st. Nicholas
Hotel are, Gov. Prst. aud suite, Md Gov Ross and
nela Hon Rnh Rhnda LA a. Cal