The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-20

His Hs~er-I wsuld Like 70 ,nov With whas visv tAA
Mr.. w6ftng-H II ia In iustlaeAtioa tn niHsasaoa
| Of canages. have right to Introduce IT,
His H..Sr.n i.1 produced 70 ju.taeatisn, would
Mr. whitiDgI mean TO introduce this svi dsnes o. the
ehaiactsr Of this meeting In double aspect, either in
M. Brady placed M Beach on the stand In order
that M Whiting might put these questions and OBTAIN
cannot be received in mitigation The sole question at
issue hare IL, whether the words uttered by M Esosn
Mr.. Whispg-Asds from the question Of mitigation,
have the right to put the questions =. part o. my cfos:
szsmIn..on In the third count o. the oouRains =
OF the electors The introduces this witness to
prove that the words we're spoken ct hi. house, and
submit that have right TO show who thoss people
that were there what was said, and what their
His Honor oysruied the question: and took the coun-
Cross -sxa minaton rssumed.-
Q Yves Mr.. srbsn invited theref
his Heno.-Tnis must also BE- ruled out. An evidence
OF the meeting at witnesses house. except matters
lsns to the words uttered BY dsfendsa. against plata
Mr. whting-xy object is to show that defendant was
invited there as well who the people were who wore
O. Were the qualifications OF Thomas J. Barr the sub
ect Of discussion st that meeting, s candidate for
Mr. Brady objected It is attempted by this question:
he sad. Mr.. Frben Now Qualification not
Of the Hoss spoken defence 70 son
His honor maintained the objection, and ssid-The
defence set hers Is the truth OF the chAge neither
Qualification mitigating circumstances pleaded
and the case should Be confined to the truth Of the
charge. and to that alone.
You have stated that there were words spoken by
Mr. Erben they spoken in the course of speech?
A. Yes supposed them 20 be addressed to the whole
O. Was there anything said that called forth Mr..
Erben's OBJ ervstionss
A. There was subjec under confederation II was the
necessity Of reform in the city government
O. Did MI Erben state where he had seen this check,
am not positive that he said he saw the check
not recoect Of his when or where he saw the
check he said he knew Of these charges against Mr..
Barr but do ,t recoect that he stated where he
Louis NJ Pesse, examined by Mr. Brady, depossd-I
then Superintendent of the Five Points House u
Industry; sav Mr.. Erssn there; cannot say thai
heard Mr. Erben speak OF Mr. Barr, though heard
some one speak OF him
Mr. Br.oy here recalled Mr. Beach to the stand, and
meeting Nj ssn
Nr Whiting objected to the question, and the objec
tion was main tair 60 by the court
positively that The person who spoke Of Mr. Barr was
O. What is your best i'm preset IN of ii?
0bec ted to by Mr. Whiting aud objection maintained
@ What did the gentleman say Who spoke Of Mr. BARR
ments for from IS $780, Immediately checked the in
divdusl who said it and asked him II he could prove his
conversation on the SUBJECT but remember nothing
dehnite only reooect hearing person speak thus
Of Mr. Barr at tie mee.ins, knew Mr. Barr personally
CIofs.sxamiped by Mr. whisng--I have known Mr..
Barr for four years. am not particularly intimate with
think went to the meeting BY invitation Of Mr. Beach,
there from eighteen to twenty ave In the
O. Were the qualifications of Mt Barr the subject Of
discussion BY other persons on, A. that meetings
WitnesE-I ard all that said because paid par.
ticular attention.
@ Did this person. whom you suppose 70 be Mr. Erben,
say that he heard this staten emit about Mr.. Barr?
that he sad he could prove the Charge against
Mr.. Barr ! heard him speak of seeing . check;
I cannot give ths precise words he used; can,
not say that he said he lad received Information
he mentioned having seen aHldavit the subject
believe that he was standing when he spoke; think
ss NJ y ans ss
chairman suppose that Mr.. Erben addressing the
with the s intention to- that the other. should
short think that more Aldermen than one took hitch
at it that night
The majority Of individuals brought up, connected
with the Aldermen and city officers received pretty
made speech cannot say wha. Mr. Erben talked about
when he opened his speech
Q Did Mr. Er6en say anything in that speech about
Mr.. Barr of his knowledge
Reexan med By Mr. Brady
Q Did you make any charge against any aldermen for
receiving bIibess
O. Did any other person make any charge against Mr..
Barr except the gentleman whom you suppose to be Mr.
EIbep?
A. think not
Samuel Baxter, examined by Mr.. Brady, deposed--I
present at the meeting in question; knew Mr.. Barr
and Rr Efben previously
o LID you hear Mr. ET6sn make any statements against
Mr. Barr and so, what
and said, in relation to NJ Barr, "see what : damn
pretty rascal you hare for alderman In this ward
Sc he h. %s ~ selling s si:
hundred collars, and he has not made the sppontmsnt
Here Mr. trbsn checked BY the last witness pe.se)
i HrCaa aupiu nv NJ tva AZ 40 liam
street ard Keep feed store Alderman Barr dealt with
me while he Kept livery stable he left off keeping
menis to Mr. Bar the morning altar they spoken
\ don't know whether Mr. Erben mentioned the oficsr
thing aid about cheek; vent to Mr.. sweeneys Office
three days ago and stated what had heard spoken BY
John NJ Clawscn examined by Mr. willard, depo,sd-
Lwss also At this meeting At Mr. Beachs house; knew
Mr.. Erben at the time and heard him speak about Mr.
Barr Er Ebep state thst Nc Barr had been receiving
money for mskrg police appoints this Is the sub
stance Of all remember having heard the subject;
Croes EXAMINED By Mr. whiting-Xr Erbsa did not
use bad language il what he said do not
member that he called Mr. Barr damned rascal made
use Of Any such words
Daniel j. Tiemanu, examined by Mr. willard-I was
Assist. Mt Alderman Of the Twelfth ward in 1851 know
plaintiff and defendant: Mr. Barr wasa member of the
Board Of Assistants at the tme recoect the subject
Of the gas contract brought up there.
mon Council for such con,r,c WAS there any dis
cussion on the subjec. in the Board Of Assstantss
Oplecleu 70 Dy MI W nlLng.
His Horor-what is the OBJ Get of the question:
MrWplard-We propose to show malics on the part
OF Erhsn; that Erben exceedingly interested
bill brought up before ths Common Council, which
deft sted BY Mr.. Barr.
Objection maintained
To you known that Erben the advocate Of a
/ bill before the Common Coun ell in 1852
A. Mr. Erben advocating the passage Of 4 bill In
| 1851, in regard to the gas contract.
q. What was The nature Of the measures
Question ruled out. en- the ground Of irrelevancy.
q In refer ence to this MEASURE Mr. Erben and
Mr. Barr in position Of opposition to one another
A. There Was more hostility between them than
between Erhen and myself; there the kindest feel
irg between Mr. Erben and myself speak OF personal
feeling between myisf and Mr.. Erben the bill created
70 aDtsgonism between Erben and me- though op-
posed to it, Mr. Erben exh ,ited the usual warmth Of
rersons wanting bills passed.
Q Lid Mr. Barr oppose the bill which Mr. Erben
w,nted pstseds