The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-13

10 make tee ohenct, all he had the state
ment Of Judge Stuarts having been indicted, and his
card; his mind free to acqut convict him exclu
siyey the evidence ha, might be brought before him.
The tr,err held the challenge 10 be true.
Durn Piersal bad not heard Of this till
two weeks ago he had head it twice spoken of since
but formed no opinion either way.
Challenge oyerruled Mr.. Pierssll sworn as juror
This completed the jury, which stands as iollows:
]. Robert Bea y, Fourth ward binder.
2 John b. We,tereau, Tenth ward grocer.
D Charles 5. Wright. Ninth ward, grocer.
Ge.se :; & rs.erssn seventh ward carpet dealer.
g. George Bnring Eleventh ward, truiterer.
Z Garrett ". RycAman, ir., Ninth ward hops dealer
3 George g. Taylor, Tenth ward, sec'y Insurace Co.
9. jacob L. Sexas, Eighteenth ward merchant
10 Daniel eastman, First ward importer.
il. Alsbson 1. Briggs, seventh ward cooper.
II Duren Hersal, Thirteenth ward wheelwrght.
Dat. cniung then proceeded TO open the case to the
jury After remark to the Importance OF the duty
desolving upon them as patriots and men anxious OF
serving public morality, he continued-it is the hrst
time the history Of this State that high judicial Of
cer stands indicted before the people for alleged mis-
dem' OF the highest character The accused Ia this
csse Is charged with corruption in oifcewith having
received hubc to iuduence n4 u iicid and official
duct. And need not say to you gentlemen, that prac-
tices o this kidd have had their place this city
where uness such practices be suppressed speedily
and promptly the axe viii have been applied to the root
Of our institutions. We have no standing armies to pro-
tect US We have no power but that OF public opinion
We have safeguards but those which the judicial esab
shinept Biford And once brug tina, TO the point
where is bought sold you buy and sell beef the
market and you can readily perceive that there will be
created and brough about sy,em OF things which wilt
make the rights o persons and q property be unsafe in
y.
against Mr. stuart an accusation that on the l7th OF
February last he being then the City Judge and of
the Justices of the Court Of General Sessions of the peace
q this city and county corrupty accepted from Mrs.
Connolly the sum Of $500 inducement for him
stuartc exert his official influence to relieve her hus
band from indictment which then pending
him for having committed burglary in the first degree
that he eorrupy received this $500 and that according
TO the under standing had between himself and Mrs.
Connolly be did procure this indictmen to be- n0ie PRO
quied or turned out Of court, and Connolly 10 be dis
charged from the &c usation then existing against him
act To In
ence TO this transaction the Ella April, 1853
pers son named Wm Cosgroye was arrested and sub.e.
guently indicted charge Of having burgariousy
tered one Of the rooms OF principal hotel in this city
the New York Hotel. When he arrested he was
brought up for examination and was examined before
Judge Stuart on the charge Mr.. James NJ. smith now
the Recorder of the city Of New York retained and
employed by Cosgroye to endeavor TO have him di,-
charged either without bail or upon as small amount
Of bail he caud procure the Judge TO Tho
witnesses excmined, and the whole charge placed
before Judge Snart and he idered to be Of
such gravity that In the first instance he heiated nbout
admitting to bail a' all bat he finally ntimad that he
would receive bal to the amount Of S. 600 After
iderable argument and discussion the part Of Mr.
Smith the counsel of Cosgrove the bail reduced
s3 o0G by Judge stuart and bcorderei him to be con-
mitted upon the charge unless bail to thas amount was
given On the 22d ofApril, 1853 Mr. jno b Frink, OF
ms city became bail Tor Sosgrove The recog
and therefore Cosgrove was discharged from
tody On the 10Th Of May aiiewar' is55 the ecing
called for trial Cosgrove did not make his
and the consequence that the recognzance for
forfeited and proceedings taken to enter mp Judgment
"
Cosgroye shortly after he ob'aireo bail th, charge
left the city of New York, and concealed himself nr
rest in order that relief might obtained by him
rom the judgment which had been entered against hun
All efforts however to arrest Cosgroys proved aboruye
In the of 1854 Judge Stuart who hal been po
lice justice, conceived the hope OF obtaining nomna on
from Of the political parties ia this city to tho
Office Of City Judge, which would become vacan. tn
last day Of that year. Nhen the Of Judge B che ths
then incumbent Of The office would expire Judge Stuart
during the summer Of 1864 was m,kny OF ,rs 10 pro.
otinu IIp WA tnta
of one II the parties In the city and elected in No
vemner 1854. He took Office in and took hi
place the bench the 1st of January. 1850 by yr
tue of the statutes which exist the City Judge Is o.
the Justices as remarked before, Of the Court Of Gene
fa Sessions Of the Peace and he and the Recorder
ally alternate in holding the Court that isone holds l.
for one month, and the other for another month Tn
held by the Recorder The February term Of 1855
have been held, and was held by Judge stuart. Ani,
then gentlemen while Judge Stuart actually hold
Ing the Court during lis term In the month Of Febru
sry took place the following very pioceedng
the whole mystery of which will be further ex pained
after have gone in order Of time the o Stuart
On the 18th Of February 1850 judge stuart having been
during that day, engaged in holding court, came To-
wdshe close OF the day into the Office OF the District
Attorney Mr.. Hall who then busiy engaged In h,
private Office Judge Stuart, Of the Judges OF the
Court, Of course intimate with the District Attor
Office He csme In and sat down. He that Ne. Hall
was exceedingly busy being engaged in the preparation
Of some arguments in which he was 70 take part AMI
which was shortly 10 come on. Nevertheless, some
casual conversation occurred between them relative
the 10 the OF Mr.. Peyerey who
then recently indicted charge IL in having
fire TO his store This the which Mr. Hall had
then before him, and in the preparation Of which he
engaged After little ion Stuart stated
to Mr. Hall that he wished to procure the entering Of
nene re'eFf on an old indictment against
man who wished TO lead honest lifs,
and to get rid of the charge hen pening him an
he aeoed that the witnesses against him were all gone
Mr Han ashed him, n substance whether it was
stuart answered that there nothing the indir
ment nothing In the at all Mr. Hall told him
he htay s1.stp .-I
into Court-bccause, gentlemen in order TO obtain
noie Tofeq II necessary 70, the District Attorney
e. into Court and the Judge for liberty to enter
noile Tro'o9u Indie ment. When the Judge
assured him that there nothing In the indictment,
Mr. Hall said, - very busy and 20 Into
the Court room; but win attend TO it, Stuart how
ever seemed To be urgent that the thing should be
done without delay and said 10 Mr. iaii that he cd
wish 70 trouble him 30 much a. 70 g. into Court bat
that II would be enough II he would write a note
John meaning John Sparks, the Deputy Ce-krnd
that he he judge would treat and consider IL precisely
as motion made before him before the District
Attorney in open Court; tina, IT. instead of going into
the Deputy Clerk asking him to enter noie prossqn he
(he judge would consider the writing Of ha, and
the handing Of Il 70 him equivalent TO the District At
torneys making that motion. On that, Mr. Hail asked
him what the name of the party Indicted and the
Judge answered that his Nm Connolly. You will
remember, gentlemen, that II Cogrove who Ia.
dicted Mr.. Hall reooiected pcrson Of the ~
Connolly 80 having been indicted; and ia connection,
therefore with what the Judge had told hin Of ts being
old and nothing Ia H. he took it Tor granted that
u minor Of sort of consequence, and he
prepared 70 write this note 10 Sparks. He then asked
Mr.. stuart what time this Indictment found Stuart
could not tell him the precise date, but supposed II
some here In the year 1852 1853. On that Mr. Hall
wrote short memorandum 70 Mr.. Sparks, directing him
TO enter noe pyooYut to Mr. Connolly who had been
indicted about Nay 1852 1883 by request u Judge
stunrt lie Incorporated this in his note 70 SPARKS.
let Judge Stuart he said make the proper entry,
and Mr.. Hall will sign H." This note, thus adfresse %
sparks Mr.. Hall delivered 10 stuart who Immediately
eft the Office. Now, you will observe gentlemen that
in respect to Cosgrove It q which stuart knew
every thingit which he had pronounced % be-
u 80 grave character 10 require unususy heavy
bail End which bail ne had only consented % race ~
5000, the urgent argument Of Mr. smith the
sel for Cosgrove. Judge Stuart into Office have
ssid the LIST o January 1850 He ned court and
the presiding criminal magistrate 81 this city Ia feb
ruary, 1885. lie vas holding court the 10Th
Of February lie left the bench toward the cl0ss
of that day, and went into the Office oi the B-.
,rict Attorney He introduced esnvsrsaion, an
made an APPEAL 10 Mr.. Hall 70 assist in entering
noe rrogafi o q VII, desired 70 reform and for
that purpose :" g. ~ ~ an Indictment. lie sad tha
his name vns Vim Connolly, and being asked what