The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-21
THE KNOWN OTHING CASE.
Examination and Discharge Of Messrs. Allen
sjeight. and Morse.
Before Mr.. Jnstica Osborne.

Steight. ana Morse.
Before Mr. Justice Osborne.
SECOND DAY.
The examination of the persons above named con
nued at the Court Of Sessions room on Friday-for
the people, Mr. Phillips and Mr. Morton, for the defend
ants, Mr.. Shafer, Mr.. Russell and Mr.. Roome.
The Court came in at three O'Clock. The room
filed with spectators though the interest of the public
the did to be so intense as it was yes
| terday.
Mr. Shaier wished TO say that he had intention to
make anything more than pleasant alusion to Mr..
Carr yesterday, example that suspicion might
tend to any body he thought this necessary be-
he had heard that of Mr.. Carrs friends did
not understand the matter well he (the counse)
and Mr. Carr did. The statement, q he looks like a
criminal because he has held ofice.n should have
read, he looks amiable and smiling like criminal y
On Thursday the first witness for the prosecution
examined, and the charge of burglary abandoned
by the prosecution, and the charge Of larceny was
brought
Mr.. Martin called and sworn-Examined by Mr.. Phil
lips.
q. You Of the policemen Of the Sixth patrol
O. Were you charged with the execution of warrants
against defendantsg A. was.
a. When did you execute that warrant 2 A. When I
went, inquired where sleight was, and was told
he was up stairs; he out Of his room and came
warrant for his arrest told him be was charged with the
crime Of burglary and he must consider himself
arrest and to come to Tombs next day at eleven.
Q. What time Of the day night this? A. About
twenty minutes past eight in the evening
Q. What day was it A. The 10th.
O. Have you him since A. Yes: at eleven next
day the officer told him TO bring with him all the docu
ments he had; he smiled, and said he would be there
bring 81 hs he had BRING hi. s,os
slongs A.-(by Phillips)-No he would . throw them
y to the dogs"
@ Did you hear anything said in the police office to
the production OF the property a. No.
g Did you see any property ? A. No.
with burglary A. He smiled and said nothing.
Q. DID he say he knew the others A. He said he
Q. Did you arrest any Of the others? A. No.
By Shaher-Then it seems you found Mr. Sleight
very polite man A. Yes.
shaifer-l'l take that as proof of good character
That's all.
Enen outright, called and sworn-Examined by Mr..
9. Where do you live A. In Nassau street, No 81,
with Mr. Ferris.
Q. What is your age A. About twen,yone.
Q. How long have you lived there? A. About six
months.
Q. Do you know Mr. Elliot? A Yes.
G. Had he an Office at 81 Nassau street? A. He had,
on the fourth floor room 10.
Q. Do you recollect having seen any persons coming
from that room with a TRUNK A. Yes.
@ Whens A. On Saturday night about twelve
@ On what Saturday night vast A. Last Saturday
night.
DC you see the persons in court who we're carrying
away tie trunk? A. ! do not know.
@ Look around within this ring and eeif you recog
Mise them, either Of them? A. The men may be
there, but couldn't swear to them.
shaHer-Ihen all those beautiful gestures 60 for
nothing?
Phillips must protest against this course of proceed
shaner-Yon have right to use your hands in any
way when you ask such question.
Phillips-I have. am not 10 be buled. daughter
outside the bar)
@ Would you know the men If you we're to see them
AGAIN. A. No.
O.. We're these men who took away that trunk occu.
pants gcing out of the rooms in that house, A. No
O. Had you ever seen them lbefore,. A. No.
Ctwas Mr. Elliott there atthat timer A. No
& How could they obtain an entrance to Mr. Ellotts
Office
Do you know how they obtained an entrances A. The
lock was. broken
o. How1org did they remain in the Officer A. When
they went'ln hcalled Mr. ferris.
q In what part Of the building Mr.. Ferris sleep
ing A. On the same floor, in the rear building
O. When you informed Mr.. Ferris, what did he dor
A. He got out of bed, and went down fight of stairs
Q. Had either Of you lght9 A. had.
Q.'Hadhe a Light A. He had not; he came as quick
as he could.
O. Was there any light burning in the hall below A.
q. What kind Of lights A. Candle, in lamp.
Q. Was II % hanging lamp A. Yes.
O. When Mr. Ferris came from his and went
trunk A. they were on the fight below.
G. Did he speak to them? A. Yes
asked il Mr.. Elliott wac there and they said all
Q. What did the men then dor A. They went out Of
the door and around Fulton street.
O. Can YOU describe the appearance Of those men? A.
| cannot; they were good looking men.
Phillps-So all these defendants.
O. Can't you give something nearer than thaD
A. No.
O. Do you know how they we're dresseds A. do not,
Mr. Phips-I promised the court and counsel yester-
day would do my duty in this matter not only to the
people but to them and their cents have failed to
establish the identity of these defendants at least to my
satisfaction. AS such is the case abandon the prose
| cution.
Mr. shafIer-I am glad that my learned frien has ar.
| rived at the conclusion which anticipated :
| some time since think, however, that we
| have a right TO demand the presence of this man
Elicit, and that have right examines
| him, and If possible make him say upon what au.
thority suspicion motive, he made this affidavit
against three gentlemen who hold high positions in
| community; we have right to know what accuser
is Perhaps It Is Of no consequence what waswhy he
left Rhode Island certain transactions in the city
i New Haven; but have tight TO know who and what
he Isl the information is due 10 the public, IL we
fraternity oneon false preteuses and say this
good Eason-that desire every brothern all over the
| world to be warned against him.
Mr.. Phillps-Perhaps II this matter had been thor
oughy looked into previous TO yesterday matters might
have been arranged differently. ! believe Mr.. Elliott
made this complaint In good faith The Court canno.
put him trial and the is abandoned, the Court
has nothing to do with il. If Mr. Elliott has OF
Tended against any society TO which he may be
presume that the society will deal with him in its ovr
| way.
Morse concerned, We prove dozen witnesses
| that he not in town on Fat Saturday. Mr. Alcr
and nr sleght entertaining party Of friends from
Baltimore at place three miles from the locality wher.
this larceny is alleged 10 have taken place until half
| past o'clock In the morning
Tho Court said that counsel would easily thas IL
jurisdiction far as tins complaint con
cerned The prosecution had failed to show any proof
the truth OF the charge made against defendants
| they would accordingly be discharged.
The Court then dissolved.
There considerable applause outside the bar vhei
the defendants were discharged and when they left III
court with their counsel, the crowd gave then
three cheers.
ARRIVAL OF CooLIEs.--Thc Louisville Coulic
says we saw on the United States mail, on Friday
"A party OF ten coolies, a direct importation from
china xCbo m fhr kcllvfs iron rnills "a,