The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-16

vork again FHrgbbons then took up this pa .kass ro-
Sueedl from The East tabe and examined II the way
the edge Of IT, Afterwards laid it to his isft; New
York the distributing ONCE, and these packages BE-
the Office by the side door privately and went out
TO stop Mr.. Brown; this about half past three;
met MT Brown in Nassau street; waited outside until
MT fitzgbbons came OUT he out about five O'CLOCK,
Mr. Brown met Fitzgibbons the sidewalk and heard
him say that there trouble about the bags Of
the East mail and t7at he wanted him to go back and
look for them after little hesitation Fitxgbbons
cd round to with him, and followed close after them;
after going In requested Fitzgibbon go with mo
TO one Of the newspaper rooms In the buildings
he got in there asked hmf he knew me- and he said
he did said to him that WAS going TO search him. b
first from him and commenced opening Il; Mr.. Brown
standing him; Fitzgbbons backed little; saw
door heard Brown say just that time to tzgibbons
what have you got there, and he ssi nothng picked
the Nr;Tt psssss Mr. bSpn picked the oss
searched him again there and requested him to return
the money he had got on previous occasions he said he
had not got any; told him had been Watching him
very closely for couple OF weeks; mentioned pack
age to him of 5000, from Hartford to Toledo, which
missing he said he had not got that gave him an
packages, and told him II hs would give up the 9TH
er packages he would not be as to Them he
went with another clerk to South Brooklyn, whore
found some Of our mail bags at his house.
witness admitted that these letters not intended to
be transmitted but for the purpose Of detecting
frauds which were being perpstrated in the
Solomon Brown examined by Mr. Joachmssen, deposod
that he was employed in the Post Office as clerk and
has charge Of the once at night knows Mr. tzglbbons
he was employed in the Post O6ice his duty to
ceiye the mails, tie up bags and carry out mail bags,
porters bnsines he was employed also in asserting
spoken Of By Mr. Hobrook were prepared to be sent On
saw them before they sent of and saw them when
they were returned saw the Newark bag when i Games
ter upon the table; about five minutes before one
went through the same process with the Eastern mal
tiers on he table THE wtsess then went % e tssy
to his seeing one Of the packages fall from Ntxgbbons
Mr Hobrook i Had Conversation With FtarSSon. II
the Posasters room; asked him why he had done soS
Ftzgbbons said he had thought Of taking the pack
taken them and said he regretted it, he said he had
never taken any other letters before.
deposed that the shoe and Leather Bank bin produced il
good for one dollar; another bill produced thst IL
goDd bii, less Ene,sighth and one per cent Discount
having received the package now produced from Mr..
Holbrook and having mailed it according to his direc
Mr. Tallmadge said head witnesses for the defence
but to character and the District Attorney had
scented TO admit the good u to this
transaction This would time and he would merely
raise point Of law for the Court He commended that the
prisoner could not be convicted under this act which
states that person pnroining letters &C., from the
Post Office, which were intended for transmission
He submitted that upon the testimony for the prosecu
ton these packages not mailed for the purpose Of
transmission but for to entrap the unfortunate accused
which against the teachings In the daily prayer
g lead not into temptation
Mr.. Joachmsseu briefly addressed the jury.
The court told the jury there would be but ques
ton for them to pass upon, the guilt tho inuocence
Of the accused He would, however, not submit It 70
them until he had looked into the question raised by Mr.
1snaadge, and see how other courts had ruled upon
the point If there had been ruling heAwouh himself
decide It, az II wiH upon consideration, appear to hia
construction The should therefore stand over
until morning.
Assault on a Master Of SAip.-Heury Thompson, sea-
the New World, pleaded guilty to Indictment
charging him with orcbly combining the captain Of that
vessel. Sentence deferred.