The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-15

,gs nstCosgrove met Judge Stuart at the foot
the stas oming out OF his Office In the hall of thi
building. IN en told him that had understood that pro
ceednvs had IN taken to discharge Cosgroye upon ha
indictment. he n d there hAo not and would not any
(To the coirt ,sa sure ,is was aver the 18th
back to my own ONCE, and hsd conversation Will
Frink Frink then eit ny Office the next morning or thu
morning bu. afte> that-I am not poi i've which,
Mr. Frnk came again to NJ, ofce in Consequences Of
interview which bad with him, went to the Clerks Of
flee; think Mr.. Frink then accompanied me, though
not positive whether he did that time ROY from
the Clerks Office went to the District Attorney oce
and had interview with Mr. Hall the District Attahey
and myself won't immediately the Clerks Office and
examined the papers in the to II nol pros. had
been entered; satisfied myself by my own eyes; MY
principal object to ascertain the date Of entering the
orcer; went in and asked the question rst ascer.
tained, and went directly from that Office to Mr.. Halls
Office had another interview with Judge Stuart that
subject within very short tine after; rather think
Mr. Frink and myself went to Judge s.uarts Office
together.
Q. State what passed at that interviews A. Well I
think used pretty strong language In reference TO
the entering of the no,le proseq,a in the case
Q Give, according to your best memory, the
raid ! would have the matter investigated.
or that it should not res. there; that this man
tered Immediately after my coming into Office would lay
me liable to public ceDsure; excited at the time
and cannot distinctly rscolect the conversation.
q. Can you recolect any explanation he gave at
tempted to give, OF the entering OF the noe proseQui
A. cannot recolect there other things SAID but
wha. they cannot state; the interview was very
short, not exceeding minute and halt Or two minutes
The direct examination Of Recorder Smith here closed
Mr. Brady recalled Mr. vandervoort to the stand to ask
him question before cross examining the Recorder
Wtness-i have searched for the adavit appli-
cation to postpone the trial in the Of Cgrove and
cannot find IT have recollection OF seeing IT.
the practice Is to file these affidavts.
Mr smith, crosse xamined by Mr.. Brady
grove A. Il Is mposs for me TO state; think it was
not his wife; was then extensively engaged in criminal
practice; do not know that had ever seen Mrs. Duvai
alias Connolly before this time; do not know that she
has been client of mine my present impression ia
that her there, either at the police Office at my
Office for the first trne but may be very much mistaken
! knew man of the name OF Albert Burtis there a
charge against him Of receiving stolen goods; he in
dcted never tried my Impression Is that the ndc.-
ment was mol prosd, but cannot so state; know
thing about the mans history except what know pro.
fessonay since then there have been three civil
is suit pending still in the Common Pleas and IL 80
he client Of mine at the present tme my civil busi
had examined the asays in the cs.e of cpserove
Judge Stuart at first decidedly opposed to taking
bail in the csse the magistrates at that time appeared
TO act suggestion from Of the District Attorneys,
that In all clear they might refuse bail do not
know whether was aware Of Cosgrove's real name;
this sometime in connection with this charge
knew her Mrs. Duya till afterwards WAS informed
that she had married Cosgrove think had proposed
person for bail at the time Judge Stuart said he would
take good bail In s. 000 think the first object
get the bail fixed told him that IS 600 bail WAS equiva
lent to denyi ing him bathat he could not procure IT.
knew he could not for made the effort d, recouest
requiring him to leave the amount OF bail open till
would zee the District Attorney do not think the
District Attorney on the subject; know made pretty
strenuous exerti0ns to procure bail in this S. 000 the
called at the May and postponed
remember that there affidavit In the case, that
made motion, 90 remember the witness name
who said to be ABSENT do not recolect attending
for the purpose Of the trial. think the date of my
view with Judge Stewart when met him at the stairs
the clerks Office the 21st I'D February;
considered that my relation as counsel to Cosgsove
ceased when he ran away and forfeited his bail he did
think told him should charge him s1OO for trying the
nshe Sessions suppose he owes 1t to me now;
asked Frink for it, nor the woman never asked
Judge stuart to get that for me though understand he
stated to person that 1t WAS put ldeny 1t most EN-
pbaticably.
have anything done that indictment of Cosgrove's till
am paid my fee Of $lO0s" A. Never sir, nything Of
the kind shall state in this connection what did say
Mr. BradyNo, you shall not Did you ever tell Judge
Stuart that Cosgrove owed you 500 A. No.
Q. Didyou ever request him at all not to enter noe
fgoSeqai on that indictmentY A. No because never
spoke him the subject Of the none rosequi till at er
it entered; knew had been entered upon the in
dctment; understood the entry had been made toe
minutes by the clerk have the minutes till this
day; went into the Clerks Office and ascertaned the
date by being told think asked Mr.. Hall a. to the
date he did not pretend that he did not know the date
be may have told the date.
Mr. Brady-What want TO satisfy my own mind about
and you 60 into the Clerks Office to find out the date
of the mol pros, II be knew 1t perfectly well
Wiiness-l can give you the explanation Of that mat
MIR. Brady-Never mina that. Can you remember
word that Stuart said in his Justification A. cannot
question, but il did You might say it was unsenerous
on my part.
Mr. Brady wanted witness to detail the conversation
fully. -
Witness-I DO net recolect what he yudge stuart
was very much confused, neeed, when Ssnt into his
Office and charged him with tins thing b DO
collect word he said angry that
sion; was excited consoer that different feeling
entirely; the first date at which learned that IL was
contemplated 10 indict Stuart might have days
ftnpht pevous TO the finding of the indictment
the stb OF 0coter; think never had any creation
with anybody on the subject except with Mr. Hall
o. What were the personal relations between yourself
and Judge Stuart TO this dateS a. far know
they very good very friendly terms.
q. when was Il that this AL Burtis was Designated
proper person 10 60 to Boston for Cosgroyc A. day
before Cosgroye came on; do not know whether
suggested his name to Mr. Hail. or whether Mr. Hall
asked him himself in the Of conversation Frink
then client OF mine; II was not who procured
FfBk 10 bail Cosgyoye; Frink at that time engaged
pretty exensivelyas contractor.
q. Was any security given 10 him TO indemnify him ON
given by Mrs Duvsl her furniture; think IL not
to the amount oi the bail money passed between them
"a tie amount Of 81 900, but note given foe IT.
when the district Attorney my public Office do
not know whether Mrs Connolly ana AL. Bsr;is
there whether they afterwards the object OF his
visit to them there one else present at
this interview but we four there applica
tou made To to aoite proseqai the indictment;
Mr. Hall gave a statement TO Mrs Cosgroye in writing
that enb aces what know that subject think
appointment had been made for that meeting my inn
fession is that some had seen the woman 20 into
Jucge Siuart's Office that was comm nicated to Mr.
sent for 10 att nd that interview think the
arrangement all within an hours time, 10 not
know furnished the money to AL Burtia go
Boston; did not aud heard nothing Of any being fur
nished knew OF his return II was very shortly after
he came back, he al my office and think sen.
him TO Mr.. Han; think have met since
then; | think | the afterwards
am not positive; J was sent for to meet her
by Mr. Hall sometime after, but !
gagged and did not go think the bail for Cosgrove
was not taken at stuarts house; | was not present
when bail given, believe; think IL very probable
mi in Ia haze he
bail reduced my only recollection in regard bail IL
that IL reduced; remember that II said that,
there being indictment found the District Attorney
should he before bal taken; have doubt
that something Of that kind done bail given
NJ er indictment the statute requires notice to given
| to the District Attorney.
O. Did you tell frnk that Hall told you that he
would not consent 70 noe pro7f being entered in the
till your fee Of 500 paids A. did
any such statement. should think that Al Bdrts and
Mrs Connolly acquainted the beat Of my recollcc.
tion about the matter of Burt being s that In
conversation he remarked that he know where they
and could their Attendance Al any fine: do not
think that there particular designation