The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-02

The Court - xmloaeAnenG.
TRIAL or JOHN 9. MArHER, UPoR CHARGES OF HEaH
CRIKs AND AI6DxAxANORS CONTINUED.
nsczh CORRESPONDENCE OF nm NEW YoRK maAID
ALBANY, Aug 81, 1858.
The Presdent Of the High Court Of Impeachment eansd
that dsngushsd bedy to orsr ct ten O'Clock this morn.
ing. Proclamation made commanding silence during
iu proceedings Tho minutes Of yesterday were rad
Some amendments to the journal Of previous day were
moved by counsel both sdss and adopted Tia pre-
siding ocsr then announced that the Court ready
| to proceed with the trial
Mr.. Porter counsel for the managers, called James
Brady Is Q witness. He the stand on Saturday
and his evidence not concluded when the court i'd
ourped that day. He continued BY stating that he
norned Mather that he had lumber for sale which was
suitable for the Troy DOCKS had large amount ON haad
lying the canal had ten thousand feet he pro
posed to petition the Canal Board to build the dock but
Mather persuaded him not to do So he would have
structed this work. and furnished atsrias for much
less sum than paid Roosevelt for lumber alone he
could have executed the for sixteen seventeen
thousand dollars RI is alleged that cost the State
nearly. If not quite, double that amount
Mr. Porter put this question Will you state whether
Maihsr did or did not desire you to procure political
ter and cor II doing 60 then you (woess
was 10 have contract of work, and that by not pro
curing that delegation suitable Ms.her's views you
were cut OF from ali State works thereafter
Messrs. Psckham and Reynolds objected to tho inter-
rogatory There nothing Of this kind alleged against
respondent In either Of the articles OF
Mather s charged With certain act relating
the oonstrucrun Of the West TOY docs, whereas
proposed to travel of road and introduce testi
mouy relating to work which not done, and is not
yet done besidcf, c91teoded Mr. Reynolds attempt
i made to minsie this affair with poacs, and to uves
ti2ate Nr Mather's POLITICAL actions since he has
been Canal Commissioner. surely this court not
csnveLed for any such purpose nor it likely that 1t
We have no oDecuon on the score Of politics. and i this
witness s permitted to detail matters of this character
that political objects lie &C the very foundation Of this
prosecution.
Mr. Porter replied that the only object of introducing
the testimony was for the purpose Of showing that
Bracs from doing certain work he
did not CONFORM Mr. Mathers wishes in obtaining the
right kind OF delegates 20 county convention.
Senator Wright (whg) deprecated the introduction Of
politics in this trial 1t opens view of the case:
aud .or the purpose of giving the subec. fair conside
ration he moved secret CT nsuItaron OF the Court.
The Presoent put the question and the Court decided
| b. tie vote not the close the DOORS
put the witness, ard the Court decided "a 81 not to
ALLOW if. The three were Bartlett and davenport demo
| Gratis AID Clark, wing
Tue Managers had no further question to put to Mr.
| Brady
He was then cross examined al considerable length by
Mr. Pecsham the part Of the defence. He had made
estimates for building the dock; could not give any de-
tails but they we're mace in general terms. The witness
Was Kept the stand for half hour, but nothing
terra, was eliceo Upon being discharged-
Mir Porter said: We rest.
Mr.. Looms rote, and remarked tina. he held in his
ha.d certain dispositions which he wished to read and Of
fer in evidence
Mr. Peckham objected any deposition which you may
by other parties, whom have had opportunity
examine certainly shall BE- introduced
as evide nee against US.
Mr. LOOMS sat down.
Ar. Re- mods, after consulting with Mr.. Psckham
nent rose Ind remarked-That the part of the do
fence he was not then prepared to cay what it
ives proper 10 pursue, whether to call witnesses
tradct certain portions of testimony submit the
simply upon argument few witnesses have been
subteneet, sne If vEcm we may desire to examine;
but we have arrived srclrsio1, we would res
pectfuy ask the court give us survey the tes
timory taken and examine it some what in detail. As
this the first time have asked any such indulgence
from this honorable court hope they will give time
until 70 morrow morning.
The request acceded to- and the court adjourned
until to morrow morning
mcny and the arguments of COUNSEL the curt will take
recess for few days to give each member opportu.
Mtg Of giving the testimony which will al be in print.
calm consideration. Then they viii convene and r0main
In private consultation day So before rendering
verdict.
ALBANY, Sept. /, 1853.
At the opening Of the court this morning Mr. Reynolds
Of the counsel for Mr. MAher opened the the
part Of the defence. He took in review the whole pro
ceedings relation to the impeachment case from the
time the resolution introduced in the House of As
bly, to the present time He also dwet at consider
able length the canal law of 1851 conendng that
Mr. Mather cannot be held responsible for any acts of
omission commission under ths. law because i. was
not valid One his argument occupied about three
hours and half in its delivery and, pom conclusion,
the defence called
Simon schermerhorn, who testified that thers was
about TWO years. supply of timber hand upon his sta
ton, No. 2 the price OF that timber thirty nine
dollars per thousand does not think it could be pur-
chased for less at present i. expensive
there some refuse timber yng on the banks Of the
canal which the state dd not accept from the
seasoned and fit for al the timber not used is still
hand under the she'd excspt some We put NJ Rey
William Russell had been employed on the canal,
and corroborated the testimony Of the previous witness
ton zone charge against Ma her is that he paid
sxtIavegaLt prices fort mbe- used on the canal
Martin g Myers .worn-Is clerk for superintendent;
has feen Mather half dozen times at the office; knew
of bis having been frequently the line Of the canal
when witness did not hm the timber the line was
lay scattering; the timber Of the fir quality the
Only supplies hand oak timber having been obi ged
pu1cs, , pine and hsm.ck during the lear Mhsr
the condition of the canal the second sec lion win
quiIe large amount Of cumbersome fur or five hun
cred thousand feet Of tinbeT-to Put It in order
jonas Y Outhout called. No answer.
Her ~ G. Beach called. No answer.
John noseye Jr, called y THIS + the witness held
samned Is timber dealer had cont-ac. to furnish
state with timber he furnished white oak timber
used to repair the piers at the lower aquaduc. he
would rot have furnished bill OF the kind
timber for the West Troy dock Had much difscuty in
obtaining it in desired by he Canal Commits.
sion. He tried TO purchase from Brady; offered to pay
the witness contracted for Tne timber obtained
Fonda taken to West Troy in the winter season.
and had much difficulty in getting 1t transported the
cars.
lir. Peckham here asked the witness whether he real
lied any profit in furnishing the timber Objected to by
the Managers account that the question wholly
immeelA ard irrelevant to the inquiry before the court
Question put to the court and decided against putting
the nterrogatory Witness made the contract for the
timber with Oathout the then in the
month Of October, 1851, the plan altered twice.
This witness examined az some length by Mr.
Porter, but nothing mat eral elected The hour Of
Elk srJived, and the court Adjourned until 70
morning.
Heavy Robbery Of Bank Messenger.
PRovIDEycr. Sept i, 1853.