The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-21

@ Docs hsr evidence, reported in the Herald, cor
Grand Jury BY Mrs Connolly
Mr. Brady objected
Mr. Cutting argued upon the admlssibiity Of the evil
dence to protect the character Of the Witness whose
veracisy had been attach ed Indirectly by insinuaton
Judge Roosevelt could not admit evidence to rebut
what bad not been put In evidence by the other side
Mr.. Brady now asked for the paper Of Mr.. Hall, 10
crosseaaulne the witness on IT,
Mr. Cutting promised 10 produce II at the proper time
Mr. Msdy-And you will not produce IT nowS
Mr. Brsdy1Then, Mr.. Hall, you may leave the stand
10 Mr.. Cuttng(-wil You admit the paper (mesnng
shs no,sl TO ee In the handwriting Of Mr.. nnif
MI .ut,ing-No, SIR will admit nothing to let you
Mr. Bady-Ihen / win call Of the officers around
Ira Floyd, called and examined by Mr. Brady-HAvs
seen the handwriting Of Mr. Hail. the District Attorney
should take that 10 be- his hand writing.
Mr. Brady offered to the paper TO show thu. tho
paper which was proved 10 be in the possession Of the
prosecuting counsel, procured ngenously from him (Mr
BAdy) WAS the minutes Of evidence taken before III
Grand Jury.
Judge Roosevslt-rhe best way to provo that is 70
Mr.. Brady did not choose to do that he reiterated
What he offered BY this note to prove He offered that
would examine Mr. Han about H.
Mr.. Cutting answered that his learned friend would
agree either to examine Mr. Hall as to what did take
place In the Grand Jury he should have the paper
or he sad no would not object 10 his mr. CO cxsmin
ing Mr. Hall on his animation To what took
place there he would poduse the paper. But said he
viii not produce q paper for the purpose OF making
false impression on jury.
Mr.. Brady did not want TO make any more bargains
than this he wanted 10 tbs paper u a record He
would promise TO ask Mr. Hall whether he had that
paper to the counsel for tho defence minutes Of evil
dence, and then he would claim TO II the trial
Judge Roosevelt repeated that tho proper way
put Mr. Hall the stand TO ask him whether he took
notes Of the evidence OF Mrs. Connolly In the Grand Jury
room, and II hcec Minutes version Of her
testimony what he writes the other room Il no
more evidence than what he might have told third
party In that room.
Mr. Brady made remark to the annoyance Of Judge
Coke in respect To an incident the trial Of r Walter
Judge Roosevct1h counsel at liberty TO catechi.e
the Per Oh and TO compare tho Bench-s he has dome
with Jeeries Coke but the Court does think a 10
cate sbise the counsel.
Mr.. Brady-whenevcr undertake TO catechise person
do II In such cannot be misunderstood /
intended the application fr my learned friend on the
Other ride, Mr. Cutting
Joseph Webster examined by Mr.. Brady.
Wtness-Arrested on Thursday last a coiored woman
by the name Of Maria Marnhall or Elizabeth Hail. saw
her on the stand here last sscS; she now 10 tho
Iombs; larresed her FOR lying drunk in the street,
Cros.examined by Mr. Cutting-Never knew the woman
before; arrested her before heard any com.
plant made against bor before.
The case closed here on DO h sides
Mr. Brady stated that " had been arranged between
the counsel for the defence that IL the
summed up az all IL should be done by Mr. stoughton.
They proposcd however, 10 hand this indictment % tho
jury, and without any summing up from the prosccu.
ton nom the defence and without any charge from
the Court leave the whole matter to the jury decide
sent TO the State prison. whether be should be
discharged from ,be Court aud placed In possession
Of hs civic and judicial functions.
Mr. Cutting stated ,hn. nothing would give him greater
pleasure than to comply with the suggostion Of his
learned friend and spare the time of the Court and jury
and his labor, but that the remarkable importance
Of the 10 the public required that the
council should discharge his whole duty TO the
view which he took Of the evidence In the case
This being the Court at ten minutes pass II O'Clock
took a recess till halt past IL,
fhe dvin ~
his
SUMMING UP YoR THE DEFENCE.
lie said-lay IL please your Honor Gentlemen Of the
Jury need hardly 70 you 'ha. the counsel engaged
for the defence In this have taken deep nteret Ia
it, inasnoch every earthly hope Of the defendant Is in
we'd in the prosecution need hardly say 10 YOU that
let II terminate II may II has inflicted blow him
and those dear TO him from which he NEVER
No verdict of wipe away the fac. that
be bad been indicted for misconduct Judge, ard
hence the cruelty Of that act u Il aniasaaahle The
prosecution undertakes to drag down jadge from
high criminal bench and BY what does Il
reach him By the testimony 81 person whose rharae
ter you perfectly well understand You know u 70
DO infinitely than human language can abe
quately portray You have heard 81 Vice written VA
novels and exhibited in s but you have not
the capacity to understand thoroughly tho deep degraa
ton 81 the whose testimony this prosecution
entirely dcpcnds What Is the character OF tho prosecu
tonf II a. The prosecution u judge for alleged nrime
by indictment and ia the hist time within my know
ledge pr within any kno~iedge derived from anything Of
what history tells that Judge has been indicted and
tried q, offence IN his judicial capacity. ordinarily
Judge = inpcachsd and in thia stats, tried by tho f.
bate. But be may be complained against before rnsgs
trato Now have doub; tbatf complain had been
made 81 magistrate against Judge stuart, for bribery
tina, complain, must have been III. animation
a. that wtnes Mrs Connolly discharged No m sgistrats
xot IA have committed any man however mean that
woman tcs nony. Why not Judge stuart brought
before ungstrat instead Of hi, being thus secretly
indicted by Grand Juryf Was II feared that Judge
stuart, With opportunity TO meet this complaint be
lose committing magistrate, would have lied Il no,
why his extraordinary proceeding by indictment with
out The ordinary proceeding by comp iaint before
magsira'ef Perhaps the Prosecution can explain fbo
Why. think can. We know how indictments are pro.
LcfoIe Grand Jurlea; and n Mr.. Ia tho District
Attorney, had taken the palms 10 tell this Grand Jury
that he Was about To Introduce into ther room c7n
mo rto.ttue that has been the patsmeuF of
succession 81 thieves who Il the asoa.s of thieves
and the wife q thief and 'ad TO them, = -sh you 70
soruiiniss her testimony mos. e,-ey"-, say ,his
had been ssa by the District Attorney TO the Grand jury
do you think that this indictment would ever
have been found That Grand Jury would ~
any such e,dsnce u my esrnd friend ~ otoniog Tho
case bad sad that h. intended 70 prove the principal
cts charged upon the defendant by woman VINO hal
forgotten the lessons Of her youth and toe covenant 81
her God and whose path leadeih unto dsah thst opsn
shed far and wide read By every ~hD
nads the trgish language In this county soali hare
ALLEN harmlesly ast you " that & light and u II g.
way to eonduct prosecution in chfistisu isnif !
sst you ~ L. not the duty ~ the District Attorney
rs.s be Seas s :, you % IT,. =, -s, nh, ma
4 the mefcul and fair course AM u = g. 10 regretted
that this prosecution DO, conducted ~ hs pabbc
officer the state instead Of being committed g.
who goes Into tho a.he you'd into private
determined 10 cod aud 70 e1nvlet4on h.
could Tbsntsrest which fei, The op~aing ~ As
Gaze has been fsitiy supplsn,sd by snother~-.br
selling that Il u outrage humanity - well
The individual ~ attempt r. conYict
Judge by such thofe rcsarted 10 Ia ta
Now, gcDtLn8ep. who - judge -taartf nsyer hid
doubt 81 hs innocence. have Engsn him long. w.
has bssn Police Clerk srFrOanfei with all the ienpa
lions u that position. He Police uspg.fs'n,
rounded With AL the temptation u thai tsilgu- Have
you heard word against him Ia either ~ ~
paciiie Has he no, bsen among ant ~ usy HISS
be 40, suoectd himssh 70 every ericn ~hich the ~
loal candidate Of party sutJecis himself 20 By The
oppopsniH Of his partyf Has any svsr suggested
that ihere stain upon hmf -. 20 bsk ppm
there facts and ash yourscv.~ "f- such % H.
stuck down AL al and have hs prospscts bgh,ef
and hls hopes dertroyesT How las all tls b~sn done
Who il has Who charges this upright vith
cnnsf You knor who shs Il. We ibd tbs Distdst Al,
,ornsy tho stand uf,nsss and Unnecessarily ~.
WY dont bnov. only know IL vas anseossssry 70
call him "a state harmless ssfsa't0n sg.ns, hin
spd Judge siusrt Mr. Hall Rad only 80 s,sts 81 tbs
council Tor the ases tina, Judge stuart hA had such
snvsuspn 9TH him, and the snhsiance ~ that
,ersabon would hxv. t<sn nfmissf An these
Hot sters sotus.