The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-19


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Extraordinary Excitement at the Tom5s-A
Crowded Court Room.
Before Justice Osborne.
INVESTIGATION COMMENCED, on ras COMPLAINT OF
JOHN Z. ELLIOTT, AGAINST CERTAIN MEMBERS OF
THE SOCIETY. CHARGED WITH BURGLARY.
We yesterday published the preliminary proceedings
before the Police Court in which John t. Elliott, the
corresponding secretary to the "know Nothing secret
society entered complaint OF burglary against three
brother members accusing them Of burglariousy break
ing into his Office last Saturday night, and stealing
therefrom trunk containing the charter of the society
with many other documents, both private and public
The parties accused demanded q hearing, and three
O'Clock yesterday afternoon set down for the
be heard long time, however before the appointed
hour crowd Of persons collected in the court and
at three O'Clock the court room and all itr
damned up with human bodies, anxiousy awaiting the
of the magistrate to commence proceed
ings.
John Elliott present, also the three de-
fendants J. wilkins Sleght, Charles Allen and BENZ
Morse The prosecution represented by Mr. Jonas
B. Phillips and Judge Morton and the defendants
sci Mcssrs schafer, Ru sell and Roome. In con.
sequence of the very large assembage present the
gstrate found it necessary to hold the
the Court Of Sessions room, and was this
court and in few minutes the court room was jammed
full In few seconds the magistrate entered the court
and, silence being restored
NJ, sehaGer said-Wil you Honor allow me to see
the complaint momentf II handed to him. and
after reading u through, he remarked-lii cross eN
anime Mr.. Elliott.
Mr. Elliott was then called to the stand and sworn
Justice Osborne then read The affidavit made in the
plant, tho same having been already published.
Mr.. ehaifer-If your Honor pleases, move the dis
charge of the defendants the affdayits they
appesras he Elliot) informed By Engine Ferris
that the defendants the three men, and that Ferris
obtained his forma lion from Elliot; and further that
Ferris did not know that the had been broken open
until the Sunday morning. Elliott cid not know who
the men, does he know the trunk. II is in this
view to the time OF the court that ask the dis
Mr. Phillps-There is scarcely a complaint ever made
which sets forth in every particular the full facts So
long there is enough the face of the affidavit to
thorze the magistrate in issuing warrant II is all that
IS required
Mr. schafer-lf Mr.. Ferris is here, want him to be
excluded from the court room until wanted to testify.
Mr. rhiips-Therc is no statute requiring it.
Mr. schafer-Indeed rve read it, (Laughter)
Mr. PhilliPs-If you have You have not remembered it,
Justice 0sborne-Theee aidavits have been drawn up
by Mr. Elliott and, had they been drawn by Of
clerks, they would have read somewhat differently. nm
derstsnd the adavits to show probable cause TO
has been pefpetrated.
Mr.. Russe-There is no burglary, nor is there any
larceny The most that can be made out Of this is
q trespass.
Mr.. Philps-f we establish an offence, DO matter
degree we have right to go and examine witness
Mr.. Scbaffer-Iu not take the time. The whole affair
is in nutshell made the motion "a these points:
Ferris does Lot pretend to identify the defendants
do come here to give noorety to any individual who
may here that he has lost hundred dollars when
in fact he has not got three cents to buy peanuts
Qaughter)
Magistrate Officers, you must keep order in court.
Sergeant smith-Judge the only way can keep them
from laughing will be TO turn them all out of court
Mr. Schstfer contnued--The law requires to be
made out Ferris don't say he saw these men in the
Mr. Carr, (pontng towards Mr. Carr he stood up in
court took it. may get another man to say Eyes,
think he did; he looks like criminal and has held an
is the point Of this case. (Renewed laughter)
Mr. Phillips wished to know If the dignity Of court Of
justice was TO be observed and Buncombs speeches
and demonstrations made like town meeting. Mr..
Phillips commended that enough had been shown to the
court to warrant his proceeding with the evidence and
Mr. Schailer-To meet this question, It may be very
r rS b e s eli to prove him
ncient to put him on the defencr. ~
say that enough shown to authorize in issuing
the process or should not have done Mr.. Ferris
that he three persons the door during the
afternoon ard that night he recognized the same
parties taking away the trunk, and Mr. Elliott says that
these three men we're the defendants who called him
Mr.. Schser-I wish it distinctly understood that my
clients not there not caring who they were
we DO not intend Go manufacture any alib We swim in
BY Mr.. PllipsQ. Mr.. Ferris, do you the persons
referred 70 in your affidavit whom you saw on the night
Of the 18th OF May at No. 81 Nassau street, A. My I'm
preston is that | the men, but not that
could swear to it.
O. FONT out the men whom YOU refer tor
This question objected to by Mr.. Schafer, the
ground that the witness could not swear to any
objection overruled by the Court
A. My imprcssi n is that ii was two Of them who now
sit next to Mr.. Schafer. (Laughter.)
Mr.. sehafer rose and laughingly said please the
the gentlemen designated by the wi,ness) Mr.. A. X.
Maynard, Of Oneida county" renewed laughter.)
Sergeant smith-sleDce gentlemen, or leave the
court
O. what time Of night was it that you saw the three
men carrying the trunk A. 1t was about hafpast 10
O'Clock.
O. Do YOU know j. Wilkinson sleightY A. No, sir
O When you said the two gentlemen by Mr.. Schairer
who did you meanf A. meant Mr.. Allen and Mr.. May
third floor; these three at Mr. Ellott's
that afternoon, about O'Clock; cannot say Mr.
Elliott at home.
q. Can you state the men who you saw carrying the
trunk were the same persons you saw on that after
nooDS A. Yes, I'm satisfied they were
q. Did you speak 70 the who had the trunk? A.
Yes, told them to hold on, where you taking that
trunk to at this hour of the nghty they remarked 1t
all right; and as recognized them the per
there during the day supposed it all right.
O. How il the front door Of the premises of 81 Nassau
street fastened A 1t is locked every night, but this
night II not locked at that time; the servant girl
washing down the sta her Is Ellen Eubright
there number of offices in that building.
O. Lid you examine Che door Of Mr. E1liotts Office
that nights A. did on the next morning at about nine
O'Clock.
O. Describe the condition Of that door A. The part
where the bolt shoots into had been forced of.
q Previous TO the night of the l3th had you been in
Eliotts roomf A. No, not for some time before Mr..
Elliott moved in there on the FIRST Of May.
q. On what foor what part of the building it
that you met those men A. II the back stairs
Just below Mr.. Fllotts office.
Cross. examined by Mr.. Schafer.-Q. Did you them
20 out Of the front door Of that building A. did
did not follow them.
Q. Whatw you doing when you first these men?
A. asleep, and called from my be by the girl who
said the man 10 No. 10 moving out she told
me that there three men, and got up; went to
bed about ten O'Clock.
Q. Was any one in bed with youS Qaughter.) A. Yes
my wife
Q Did she go into the hall with you. A. No, she did
not.
O. How do you know the girl washing the stars
aud weeping the oflcesY A. She told me
Q. Was there any other person in your than
yourself and wife when the girl called to you you
have stated, A. Yes my two small daughters, Ann and
Elizabeth aged eight and eleven years they asleep
trunkS A. About ten feet distant; standing the